openlegalai/Indian-parliament-bills · Datasets at Hugging Face

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bill no lxii 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 called the constitution (amendment) act, 2010short title and commencement(2) it shall come into force, at once 2 in article 10 of the constitution, the following proviso shall be inserted, namely:—amendment of article 105"provided that a person found guilty by a court of law for indulging in activities posing threat to secrurity and integrity of the country shall cease to be a citizen with immediate effect" statement of objects and reasonsarticle 10 of the constitution provides for continuance of the rights of citizenship subject to the provisions of any law that may be made by parliament it has been observed that persons indulging in activities posing threat to the security and integrity of the country continue to enjoy the rights of citizenship, freedom and other facilities as conferred on them by the constitution continuance of rights of citizenship, in such cases, pose a threat to the security or integrity of the nation it is, therefore, felt that the constitution should be amended suitably to deprive such persons of the right of citizenshiphence, this billshreegopal vyas annexure extracts from the constitution of india continuance of the rights of citizenship10 every person who is or is deemed to be a citizen of india under any of the foregoing provisions of this part shall, subject to the provisions of any law that may be made by parliament, continue to be such citizen rajya sabha————— a billfurther to amend the constitution of india—————(shri shreegopal vyas, mp)gmgipmrnd—4359rs(3)—27082010	Parliament_bills	3c036f71-8ea9-5a97-b37e-60395ae43cbc
the appropriatlon (no8) bill, 1959(as introduced in lok sabha on 14th december, 1959) the appropriation (no8) bill, 1959 (as· fntroduced in lok sabha) 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 1959-60 be it enacted by parliament in the tenth year of the republic of india as follows:-1 this act may be called the appropriation (no8) act, 1959 short title, 2 from and out of the consolidated fund of india there may luue of ri' s be paid and applied sums not exceeding those specified in column 3 14,65r,16be,ooo out 0 t of the schedule amountmg m the aggregate to the sum of fourteen consolidated crores, sixty-five lakhs and sixteen thousand rupees towards defray-ifndu~d ~f th la lor e mg the several charges which will come in course of payment year 1959-during the financial year 1959-60, in respect of the services specified 60 10 in column 2 of the schedule 3 the sums authorised to be paid and applied from and out of appropria the consolidated fund of india by this act shall be appropriated for tion the services and purposes expressed in the schedule in relation to the said year the schedulei 2 ;i ---no sums not exceeding of vote -services ana purposes votc'cl by cha~ed on parliament the onsoli-total dated fund rs rs rs 10 9 defence service!-eftectivc-army 1,92,000 1,92, 000 2s opium 2292,000 21,92• 000 73 expenditure on displaced persons and minorities :6,0:)0 6, 000 is 108 capital outlay of the ministry of community development and co-operation 1,08,00,000 1,0800 000 121 other capital outlay of the ministry of food ana agricul-20 ture 776,99,000 z6,000 7,77,~5, 000 130 capital outlay of the ministry of steel, mines and fuel 5,55,00,000 5,55,00, 000 131 j capital outlay on posts and i telegraphs (not met from \ revenue) 1,000 i, i total 14,6484,000 14,65,16, i ]zooo 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, excluding railways, for the financial year 1959-60 morarji desai new delhi; the 11th december, 1959 i' a btilto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 1959-60 the president has, in pursuance of clauses (i) and (3) of article 117 of the constitution of india, read with article 115 thereof, recommended to lok sabha the introduction and consideration of the bill m n kaul, secretary (shri morarji desai, minister of finance)	Parliament_bills	dc71cee7-d5c7-5267-840d-7c4529accdbe
bill no 39 of 2017 the constitution (scheduled castes) orders (amendment) bill, 2017 a billfurther to amend the constitution (scheduled castes) order, 1950 to modify the list of scheduled castes in the state of odisha and to amend the constitution(pondicherry) scheduled castes order, 1964be 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 (scheduled castes) orders (amendment)act, 201752 in the schedule to the constitution (scheduled castes) order, 1950, inpart xiii—odisha, for entry 79, the following entry shall be substituted, namely:—"79 sabakhia, sualgiri, swalgiri"co 683 in the constitution (pondicherry) scheduled castes order, 1964, the word"pondicherry" at both places where it occurs, the word "puducherry" shall be substitutedco 19amendment of constitution (scheduled castes) order, 1950amendment of constitution (pondicherry) scheduled castes order, 1964 statement of objects and reasonsin pursuance of the provisions of clause (1) of article 341 of the constitution, presidential orders were issued specifying scheduled castes in respect of various states and union territories these orders have been amended from time to time by acts of parliament enacted under clause (2) of article 341 of the constitution2 the state government of odisha has proposed for inclusion of synonymous communities in respect of entry 79 of the list relating to sabakhia community in the scheduled caste list the registrar general of india and the national commission for scheduled castes have conveyed their concurrence to the proposed modifications3 consequent upon the change of name of the union territory of pondicherry to puducherry, the reference of pondicherry appearing in the constitution (pondicherry) scheduled castes order, 1964 is required to be changed, as a consequential amendment4 in order to give effect to the above, it is necessary to amend the following two constitution (scheduled castes) orders, namely:—(i) the constitution (scheduled castes) order, 1950; in respect of odisha; and (ii) the constitution (pondicherry) scheduled castes order, 19645 the bill seeks to achieve the aforesaid objectivesnew delhi;thawarchand gehlotthe 17th february, 2017 financial memorandumthe bill seeks to include certain synonymous communities in respect of an entry in the list of the scheduled castes for the state of odisha this will entail some additional recurring and non-recurring expenditure on account of benefits of schemes meant for the development of the scheduled castes to which the persons belonging to the newly added communities will become entitled, as a result of enacting this bill2 it is not possible to estimate with any degree of precision the likely expenditure which would have to be incurred on this account due to non-availability of caste-wise data annexureextract from the constitution (scheduled castes order, 1950)(co 19) part xiii—odisha 79 sabakhia ————extract from the constitution (pondicherry) scheduled castesorder, 1964(co 68) 1 this order may be called the constitution (pondicherry) scheduled castes order, 19642 the castes, races or tribes or parts of or groups within castes, races or tribes specified in the schedule to this order shall, for the purposes of the constitution, be deemed to be scheduled castes in relation to the union territory of pondicherry so far as regards members thereof resident in that union territory:provided that no person, who professes a religion different from the hindu, the sikh or the buddhist religion shall be deemed to be a member of a scheduled caste lok sabha———— a billfurther to amend the constitution (scheduled castes) order, 1950 to modify the list of scheduled castes in the state of odisha and to amend the constitution (pondicherry) scheduled castes order, 1964————(shri thawarchand gehlot, minister of social justice and empowerment)gmgipmrnd—4783ls(s3)—01-03-2017 the constitution (scheduled castes) orders (amendment) bill, 2017 [to be/as introduced in lok sabha] 1 page 1, in line 8- for "order, 1964, the word" read "order, 1964, for the word" 2 page 1, in line 9- for "at both places" read "at both the places" 3 page 2, in line 7- for "in respect of entry 79" read "in respect of an existing entry 79" new delhi; march 7, 2017______ phalguna 16, 1938 (saka)	Parliament_bills	b9a500fe-7b53-5f5f-9203-ae2de3958c43
- bin no 1m of 1990 " , t tiu chief election commissioner and other election commissioners (cond~tions of se,rvice) bill, 1990 a billto determine the conditions of service of the chief jzecticm commillio~ and other ezection commissioners and for matters connected there with or incidental thereto, be it enacted by parliament in the forty-first year of the repl;lblic of india as follows:- chapter i preliminarys 1 this act may be called the chief election commissioner and other short title election commissioners (conditions of service) act 1990 2 in this act unless the eontext otherwise requires,-definition • (4) "chief election commissioner" means the chief el~n commfufoner appointed under article 324 of the coiiitftutlalaa (b), "election commissioner" meidl' any other election com- missioner appointed under article 324 of the cons~tion, chapi'er ii salaily and othiir conditions of siirvia of till: chid' etbction commissioner and eucctron commissionldlssalary 3 (1) there be paid to die cwei eiedioa cos - '8i1oaer ry "lucia is eqmi to tile , 01 - judae at supreiiie ot 5 (2) tiiea be paid to eiectioa coaai9sioiier - iiiary wiaida ii eqai ie lie alary 01 - judp of - iiiib court: pnmded dim if a period who, ; y befare of •• us of6ee as the cjiief eiec1iod coaidmiioaer 011, die ewe , be, _ elertiea collullissioner, will iii receipt of, 01', beidr ",hie 80 to do, bad eiedeci to 10 draw, - peu5ion (other thad a cisahiiity or woiiiid pelllioll) in 01 auy pre~iout service file gowmmeat 01 ,die u 01' 18ider tie goyenamead of a state, iiiimy id reaped 01 senic:e - tile chief fjecdon coiimiiimioder or, 18 tile case may be electk coni ' sloba' sbiiii be recioeeci-15 (a) by 1be idoudt of peuiod; - (b) if be bad, before 815 oftice, receiyed, id uea 01 - porttoa of the pellsion due to him id respect 01 sudi preno fiei'vb, coiiib'iutecl ,iae tbereoi, by tile 8siiouiit of rjioi1i- 01 die pedlloli term of (linc:e 4 the chief election commissioner or an election commissioner shall hold office for a term of six years from the date on which be 20 assumes his office: provided that where-(i) ~he chief election commissioner attains the age of sixty-five years; or (ii) an election commissioner attains the age of sixty-two years, 25 before the expiry of the said term of six years he sh311 vacate his office on the date on which he attains the said age: provided l'uj""her that the chief election cotnmissioner or an election commissioner may at any time by writing under his hand addressed to the president,resign his office 30 e:r:pla'i\qtion-fol' the purpose of this !eetion the term of six years in res~ of the cht&f blecfmn oornrnimlofter or 1m election commissioner holding office immediately before the commencement of this ad, shall be computed from the date on which 'm had assumed office 5 (1) a person who, immediately before the date of assuming office le, as the chief election commissioner or an elec'"jon commissioner, was in i8i'yice of govet'l'llullt may be granted durinl hia _11ft of ofbce but not thereafter, leave in accordance with the rules for the tim being 5 applicable to the service to which he belonged befo~e such date and he shall be entitled to carry forward the amount of leave standina at his credit on such date, notwithstanding anything con'tained in section 6 (2) any other person who is appointed as the chief election commissioner or an election commissioner may be granted leave in accord-10 anee with such rules as are for the time being applicable to a member of the indian administrative service (3) the power to grant or refuse leave to the chief election commissioner or an election commissioner and to revoke or curtail leave' granted to him, shall vest in the president i 15 pension payable to election cornmissioners 20 6 (1) a person who, i~ before die elate of ii88uiding oiike as the chief election commissioner or election commissioner was id service of govern , s uemeci , have retire4 from emce gil the 011 which be ea oiiee iii chief jljecdcjb commis"oiiiti or - eletdop com- bat suijiequent ilei'vke 15 the claw eieqioa coadi-oer or an election commissioder shill be recobed as contiouidg approved service count· btl for pemiob in senice , ,lie (2) w ciiiei eieedod eoamseioner cdce [~ bt any manner spedfied in sub-sedion (~) or by resignati,on], he shall, on sa demission be enfitled to-2s 41 of 1958 (a) a peosioil wiiich is equal to the pension payable to - judp 01 the supreme court in bl"coi'ciialce ~ die provisions of pm 10 of selledule to tile supreme court juciges (coaditioas of senic:e) ad, 1958, is ameuded from time to time; and! (b) such t)mllsion (including commutation of pension), family penllion and gratuity as are ijiimissibie to a j" 01 ~ supreme court under the said act and the rules thereunder, as amended from ltime to tim 30 (3) where an eletdon commissioner demits office [whetber in ~y dmlnner specified in sub-section (4) or by resignation], he shall, on such delftl8sioa, be entitled to-3s (ii) a pension which ~ equal to the pe_on payable to - judge of - high coot1 in ~ with the provisions of pare in 01 the flnt schedole to the high court judges (conditioas of service) act, 1954, as 28 of 1954 amended from time to time; and 40 (b) such pension (indudiag commutai- of pensbl), family pension and puity as are ~bie to a j of - idrh ec-t the slm act mid the rules made tiieremmier, -oded from time to tiaie the chief fjedloa ~r cii' : fjecdoa com-(4) escapt where resignadoa he shill be cieealed, for the -pote of mtmioner demils oftice by this ad, to 111m demitted o8ia if, add only ii,-(a) lie coiiiijiie4ed abe tend of oike spedfted iecdoa 4 or (b) be has attained die lit of sixtyfive yean, or as the die _y be, sixfy-two years, or (c) his 0 of·~ is diedicaiiy c:erdw w lie aeaellitated by ill·hetiitia 7 every person holding office as the ch:efelection commissioner or s an election commissioner, shall be entitled to subscribe to the general provident fund (central services) right to subscribeto general provident fund other conditions of sel'vlce 8 save as otherwise provided in this act, the conditions of service relating to travelling allowance provision of rent-free residence and exemption from payment of income-tax on the value of such rent-free 10 residence, conveyance facilities, sumptuary allowance, medical facilities and such other conditions of service as are, for the time being, applicable to,-(~) a jodge of the supreme coort c iv of die sujll'fme court judges (cgadidom of service) ad, 1958 and the rules iii8df' ciiere-41 of 1958 udeier, !diai1, so , 88 may be, apply to the ciiief fjedion coauiiiiioaer; is () a judge of a hlp cott iihdet- cbipter iv 01 die hiih caart judges (conditioas of service) ad, 1954 _d the rules theremlder, 28 of iv" siaaii, so f 811 -y be, apply to _ eiedion coo· statement of objects and reasons, th~ committee' on eleetoral reforms have made ce~ 'reco'jlullendations with regard' to the terms and conditions of service of the chief '·ei~tion' commissioner and the other election co~onefb after having stu~edthose recommendations, the government have' decided that the salary, pension and other conditions of service of the cbfe!f election commissioner should be equivalent to those ola judge of the 'supreme court and the comptroller and auditor-general of india it f also decided that the salmy, pension and other conditions of service of the election commisalone1'8 should be equivalent to tn08e of a judge of a high court i ; 2 the bill seeks to achieve the above objects nw dam; dinesh goswami the 28th may, 1990 sub-clause (1) of clause 3, clause 6 and c1aule 8(i)', of _ btll pertaiu to the i8lary and other conditions of lervtee of the chief eleetdon ccnnllduioner and would involve an additional reeurtlng espendfturei of re 84,000/- per annum from the consolidate4 'pond of indta 2 sub-clause (2) of clause 8, c1auae 6 and c1aum 8 (u), of the bill pertains to the salary and other conditione of service of an election commissioner and would involve a recurring expenditure of rb 1,20,000/-, per election commiljioner, per annum from the consolidated fund of india however, as there is no post of election commissioner at present, \i'o expenditure from the consolidated fund of india would be involved 3 the bill when enacted will not involve any other recurring or non-recurrrng expenditure from the consolidated fund of india a bill - to determine the conditions of service of the chief election commissioner and other election commissioners and for matters connected therewith or incidental thereto (shri diftebh gobwa:m:i, minister c1f law 4tad jubtice)	Parliament_bills	fabbb53c-01fc-5494-918d-6bb73a9a3663
statement of objects and reasonsin view of lack of suitable organisation and the paucity of resources with the state governments, the development of inland water transport has not made much headway there are certain advantages in this mode of transport, such as low cost of transport, energy efficiency, generation of employment among weaker sections of the community and less of pollution the various committees set up by the government for the purpose of looking into this matter recommended that the central government should declare certain waterways as national waterways and assume responsibility for their development 2 the central government have already constituted the inland waterways authority of india under the inland waterways authority of india act, 1985 (82 of 1985) for the regulation and development of inland waterways for purposes of shipping and navigation, 3, allahabad-haldia stretch of the ganga-bhagirathi-hooghly river and the sadiya-dhubri stretch of the brahmaputra river have already been declared as national waterways and the inland waterways authority of india has taken up the development maintenance and management of these waterways 4 it is now proposed to declare the kollam-kottapuram stretch of west coast canal and champakara and udyogmandal canals as the third national waterway information currently available indicates that the infrastructural facilities essentially required for safe and convenient shipping and navigation are not adequate for sustained operation by large mechanised crafts, regulation and development of kollam-kottapuram stretch of west coast canal and champakara and udyogmandal canals for purposes of shipping and navigation on the proposed national waterway under the control of the union is in the public interest and declaration to that effect has also been made in the bill, § the bill seeks to achieve the above objects new de ut; the 14th february, 1992 jagdish tytler financial memorandumthe effect of clause 3 of the bill will be to entrust the responsibility io regulate and develop the proposed national waterway for the purposes of shipping and navigation to the union, the regulation and developtment of the proposed national waterway will be carried out by the inland waterways authority of india constituted under the inland waterways authority of india act, 1985 (82 of 1985) consequently, three distinct functions, hamely, development, maintenance and management will devolve on the inland waterways authority of india the financial implications are indicated in the succeeding paragraphs 2 it has been visualised that the total originating and terminating traffic in the region is 1660 million tonnes, out of this, the estimated share of inland water transport would be 200 million tonnes, after full development of the proposed national waterway, the anticipated inland water transport traffic may be 35 million tonnes by 1994-95, this traffic is expected to be handled at 15 terminals, namely, kottapuram, ermakulam, cochin, vaikom, shartallai, vechoor, ambalapuzha, trikkum mapuzha, arattupuzha, kayamkulam chavara, ashtamudi, arookutty, allepey and kollam, 3 the development of the canals and the infrastructural facilities so as tocater''to the requirements of shipping and navigation to handle the above-mentioned traffic include development of the waterway for navigation, channel marking; construction of jetties, transit sheds, installation_of handling equipment, ete it is estimated that the expenditure with respect to the said infrastructural facilities will be of the order of rs 6200 crores this expenditure will be of a non-recurring nature, 4 in addition to the said expenditure of non-recurring expenditure, it is estimated that an expenditure of recurring nature of the order of rs, 528 crores annually will be incurred for operating the waterway and terminals, } 5 the declaration of the proposed stretch of the west coast canal and champakara and udyogmandal canals as national waterway and to provide for the regulation and development of the said canal for purposes of shipping and navigation is not expected to involve any other expenditure of recurring or non-recurring nature	Parliament_bills	c1b0a7ae-3d63-5a6e-8934-88fae76d0b36
bill no xxviii of 2020 the salaries and allowances of ministers (amendment) bill, 2020 a billfurther to amend the salaries and allowances of ministers act, 1952be it enacted by parliament in the seventy-first year of the republic of india as follows:—short title and commencement1 (1) this act may be called the salaries and allowances of ministers (amendment)act, 2020(2) it shall be deemed to have come into force on the 9th april, 20205amendment of section 558 of 19522 in the salaries and allowances of ministers act, 1952, section 5 shall be numbered as sub-section (1) thereof, and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:—"(2) notwithstanding anything contained in sub-section (1), the sumptuary allowance payable to each minister under that sub-section shall be reduced by thirty per cent for a period of one year commencing from the 1st april, 2020, to meet the exigencies arising out of corona virus (covid-19) pandemic"repeal and savingsord 4 of 20203 (1) the salaries and allowances of ministers (amendment) ordinance, 2020 is hereby repealed5 (2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasonsthe salaries and allowances of ministers act, 1952 (58 of 1952) is an act to provide for salaries and allowances of ministers2 india, as the rest of the world, is grappling with corona virus (covid-19) pandemic which has severe health and economic ramifications for the people of the country immediate and expeditious relief as well as emergency assistance measures are being taken to prevent and contain the spread of said pandemic in order to manage and control such situation, it has become necessary to raise resources from different sources, including by reduction in the sumptuary allowances of ministers3 to achieve the said objective, certain amendment is required to be made in the salaries and allowances of ministers act, 1952 as the parliament was not in session and there was immediate need for legislation, the salaries and allowances of ministers (amendment) ordinance, 2020 (ord 4 of 2020) was promulgated on the 9th april, 2020 under clause (1) of article 123 of the constitution4 accordingly, the salaries and allowances of ministers (amendment) bill, 2020 is being introduced in parliament to replace the salaries and allowances of ministers (amendment) ordinance, 2020 the bill propose to amend section 5 of the salaries and allowances of ministers act, 1952 so as to reduce the sumptuary allowance payable to each minister by thirty per cent for a period of one year commencing from the 1st april, 20205 the bill seeks to replace the aforesaid ordinancenew delhi;amit shahthe 29th august, 2020 annexure extract from the salaries and allowances of ministers act, 1952 (58 of 1952) 5 there shall be paid a sumptuary allowance to each minister at the following rates, namely:—sumptuary allowance to ministers\| ( \| a \| ) \| the prime minister \| rupees three thousand per mensem; \|\|-----\|-----\|-----\|----------------------\|-------------------------------------\|(b)every other minister who isrupees two thousand per mensem;a member of the cabinet(c)a minister of staterupees one thousand per mensem;(d)a deputy ministerrupees six hundred per mensem\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|———— a billfurther to amend the salaries and allowances of ministers act, 1952————(shri amit shah, minister of home affairs)mgipmrnd—392rs(s3)—10-09-2020	Parliament_bills	20f14f28-de3e-5e64-9058-addd66284e53
bill no vi of 2007 the jharkhand atomic authority bill, 2007 a billto provide for the establishment of an atomic authority for the purposes of setting up an atomic power plant for generating electricity in the state of jharkhand and for matters connected therewithbe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the jharkhand atomic authority act, 2007(2) it shall come into force with immediate effectshort title and commencement 2 the central government shall establish an authority to be called the jharkhand atomic authority in the state of jharkhandestablishment of jharkhand atomic authority3 (1) the authority shall consist of the following members, namely:—composition of the authority(a) the prime minister of india, who shall be the ex-officio chairman of the authority;(b) the chief minister of the state of jharkhand or in his absence the governor of the state of jharkhand, who shall be the ex-officio vice chairman of the authority;(c) eighteen scientists, nine to be nominated by the central government and nine by the government of jharkhand state in accordance with such procedure as may be prescribed by rules framed under this act; and(d) one member, to be appointed by the central government in consultation with the government of the state of jharkhand, who shall be the director of the authority (2) the terms and conditions of the service of the members referred to in clause (c) and(d) of sub-section (1) shall be such as may be prescribed by rules made under this act(3) subject to such rules as may be made by the central government in this behalf, the authority may, for the purposes of enabling it to perform its functions or exercise its powers efficiently under this act, appoint such officers and other employees, as it may think fit, and determine their functions and conditions of services4 the funds of the authority shall consist of,—funds of the authority(a) contributions, subscriptions and donations made to it by any person; and (b) annual grants made to it by the central government after due appropriation made by parliament in this behalf5 the functions of the authority shall be to,—(a) set up an atomic power plant at an appropriate place in the state of jharkhand;functions of the authority(b) set up atomic power plant for generating electricity to meet the energy needs of the state as well as those states in its neighbourhood whosoever shall intent to obtain supply of surplus electricity energy from the authority;(c) perform such other functions as may be incidental, or conducive to the discharge of its main functions;power to make rules6 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsthere is acute shortage of electricity in the state of jharkhand and several other states in the region resulting in backwardness of the state and the entire region the lowest per capita consumption of electricity registered in the region has been largely attributable to perennial scarcity of electric power at affordable cost supply of quality electricity produced by atomic power plant will not only facilitate development of the region but will also result in lowering of input cost for industries strengthening their competitiveness especially in the international marketselectricity can be produced by harnessing atomic energy and one of the richest areas in the world containing vital raw-material is located in the state of jharkhand which has the richest uranium deposits in spite of that no atomic power plant for producing electricity has been set up in jharkhand so farthis bill seeks to establish an atomic authority in jharkhand to take appropriate steps for setting up of an atomic power plant in jharkhand so that adequate electricity can be made available to meet the growing industrial and domestic consumption in jharkhand it will boost the economy of the state and generate employment opportunitieshence this bills s ahluwalia financial memorandumclause 2 of the bill seeks to establish the jharkhand atomic authority clause 4 provides for grants to be made by the central government for its functioning it is estimated that a sum of rupees one hundred crore will be required from the consolidated fund of india initially to set up the authority a sum of rupees two crores per year will also be required to meet the recurring expenditure memorandum regarding delegated legislationclause 6 of the bill empowers the central government to frame rules for carrying out the purposes of this act the delegation of legislative power is, therefore, of normal character rajya sabha———— abillto provide for the establishment of an atomic authority for the purposes of setting up anatomic power plant for generating electricity in the state of jharkhand and for mattersconnected therewith————(shri ss ahluwalia, mp)mgipmrnd—1217rs(s-5)—16032007	Parliament_bills	fe0ee339-1629-5ad8-9633-e04b72a3fdc4
bill no xxxviii of 2012 the contesting election on government expenses bill, 2012 a billto provide for election expenses to the recognised political parties and their official candidates for contesting elections to lok sabha, legislative assembly and local bodies by the state in order to check increasing use of black money in such elections and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the contesting election on government expensesact, 2012short title and commencement(2) it shall come into force on such date as the central government may, by notification, in the official gazette, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;10(b) "partial election expenses" means the expenses that may be fixed, from timeto time by parliament for providing to the official candidate and the recognise political parties for contesting elections to lok sabha, legislative assembly and local bodies(c) "prescribed" means prescribed by rules made under this act;(d) "recognised political party" means the political party that has been allotted election symbol by the election commission of india;43 of 19515(e) words and expressions used but not defined in this act and defined in the representation of the people act, 1951 shall have the meanings respectively assigned to them in that act 3 (1) the appropriate government shall provide partial election expenses to the recognised political parties and their official candidates in the country for contesting lok sabha, state legislative assembly and local body elections in such manner as may be prescribed10appropriate government to provide election expenses to recognised political parties and their official candidates15(2) notwithstanding anything contained in any other law for the time being in force, the recognised political parties and their official candidates shall be allowed to accept all kinds of donations and contributions from general public, entrepreneurs and corporate housesprovided that such donations, exceeding rupees ten thousand shall be accepted through cheque or draft and the names of the contributors shall have to be disclosed by the political parties on their websiteestablishment of electionfund204 (1) the central government shall, by notification in the official gazette, establish an election fund at national level to provide for partial election expenses to the recognised political parties and their official candidates(2) for the purpose of sub-section (1), parliament shall by due appropriation made by law in this behalf, provide initial capital of rupees five thousand crore to the corpus of election fund25(3) after the election fund so establish, funds shall be provided to the election fund by the central and state governments in such proportion as may be agreed to by them from time to time5 (1) the appropriate government shall provide the election expenses to the recognised political parties if:—setting up of a reulatory mechanism(i) there exists internal democracy within the party; and (ii) the internal set up and the accounts of income and expenditure are maintained in order30(2) the appropriate government shall set up a regulatory mechanism to look into the internal democracy, internal set up and accounts of income and expenditure of political parties in such manner as may be prescribed35(3) the regulatory mechanism so set up shall function as a constituent of the election commission of indiapower to make rules40 456 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act(2) every rule made by the central government, under this act shall be laid, as soon as may be after it is made, before each house of parliament; while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonstoday, increasing use of black money in elections has become the biggest problem being faced by the indian democracy as per the estimate nearly rupees ten thousand crore was spent by the political parties and the official candidates in the lok sabha elections of 2009 this amount is more than the amount spent during the american presidential election held in 2008 a large amount of sum is used in the elections to the state legislatures and local bodies to check the usage of black money in the elections, concerns have been expressed from time to time several committees have also been constituted in this regard but their recommendations could not be implemented the election commission has taken effective steps to check the use of black money but these steps have not proved successful in curbing black money completely the proposal of providing the expenses for the election by the government to the political parties and the candidates can prove to the effective in checking the use of black money almost all the committees related to the electoral reforms have made this recommendationhence this billprabhat jha financial memorandumclause 3 provides the appropriate government to provide election expenses to recognised political parties and their official candidates clause 4 of the bill provides for the establishment of an election fund there is a provision of initial capital of rupees five thousand crore in the election fund this would involve an expenditure from the consolidated fund of india clause 5 of the bill provides for the establishment of a regulatory mechanism an annual recurring expenditure of rupees one hundred crore is likely to be incurred for the management of this mechanism the bill, if enacted, would involve a non-recurring expenditure of rupees fifty crore for the immediate constitution of the regulatory mechanism the recurring and non-recurring expenditure related to constitution and management of the regulatory mechanism will be net from the consolidated fund of india 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 normal characterrajya sabha————— a billto provide for election expenses to the recognised political parties and their official candidates for contesting elections to lok sabha, legislative assembly and local bodies by the state in order to check increasing use of black money in such elections and for matters connected therewith or incidental thereto—————(shri prabhat jha, mp)gmgipmrnd—3933rs(s3)—07-12-2012	Parliament_bills	2831e609-c748-5be4-bf86-2c12cd852a49
bill no xlviii of 2012 the constitution (one hundred seventeenth amendment) bill, 2012 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-third year of the republic of india as follows:—short title and commencement1 (1) this act may be called the constitution (one hundred seventeenth amendment)act, 2012(2) it shall be deemed to have come into force on the 17th day of june, 19955amendment of article 162 in the constitution, in part iii, in article 16, for clause (4a), the following clause shall be substituted, namely:––10 15"(4a) notwithstanding anything contained elsewhere in the constitution, thescheduled castes and the scheduled tribes notified under article 341 and article 342, respectively, shall be deemed to be backward and nothing in this article or in article 335 shall prevent the state from making any provision for reservation in matters of promotions, with consequential seniority, to any class or classes of posts in the services under the state in favour of the scheduled castes and the scheduled tribes to the extent of the percentage of reservation provided to the scheduled castes and the scheduled tribes in the services of the state" statement of objects and reasonsthe scheduled castes and the scheduled tribes have been provided reservation in promotions since 1955 this was discontinued following the judgment in the case of indra sawhney vs union of india, wherein it was held that it is beyond the mandate of article 16(4)of the constitution of india subsequently, the constitution was amended by the constitution (seventy-seventh amendment) act, 1995 and a new clause (4a) was inserted in article 16 to enable the government to provide reservation in promotion in favour of the scheduled castes and the scheduled tribes subsequently, clause (4a) of article 16 was modified by the constitution (eighty-fifth amendment) act, 2001 to provide consequential seniority to the scheduled castes and the scheduled tribes candidates promoted by giving reservationthe validity of the constitutional amendments was challenged before the supreme court the supreme court while deliberating on the issue of validity of constitutional amendments in the case of m nagaraj vs uoi & ors, observed that the concerned state will have to show in each case the existence of the compelling reasons, namely, backwardness, inadequacy of representation and overall administrative efficiency before making provision for reservation in promotionrelying on the judgment of the supreme court in m nagaraj case, the high court of rajasthan and the high court of allahabad have struck down the provisions for reservation in promotion in the services of the state of rajasthan and the state of uttar pradesh, respectively subsequently, the supreme court has upheld the decisions of these high courts striking down provisions for reservation in respective statesit has been observed that there is difficulty in collection of quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment moreover, there is uncertainty on the methodology of this exercisethus, in the wake of the judgment of the supreme court in m nagaraj case, the prospects of promotion of the employees belonging to the scheduled castes and the scheduled tribes are being adversely affecteddemands for carrying out further amendment in the constitution were raised by various quarters a discussion on the issue of reservation in promotion was held in parliament on 3-5-2012 demand for amendment of the constitution in order to provide reservation for the scheduled castes and the scheduled tribes in promotion has been voiced by the members of parliament an all-party meeting to discuss the issue was held on 21-08-2012 there was a general consensus to carry out amendment in the constitution, so as to enable the state to continue the scheme of reservation in promotion for the scheduled castes and the scheduled tribes as it existed since 1995in view of the above, the government has reviewed the position and has decided to move the constitutional amendment to substitute clause (4a) of article 16, with a view to provide impediment-free reservation in promotion to the scheduled castes and the scheduled tribes and to bring certainty and clarity in the matter it is also necessary to give retrospective effect to the proposed clause (4a) of article 16 with effect from the date of coming into force of that clause as originally introduced, that is, from the 17th day of june, 1995new delhi;v narayanasamythe 4th september, 2012 annexure extract from the constitution of india 16 (1) equality of opportunity in matters of public employment(4a) nothing in this article shall prevent the state from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the state in favour of the scheduled castes and the scheduled tribes which, in the opinion of the state, are not adequately represented in the services under the state rajya sabha————abillfurther to amend the constitution of india————(shri v narayanasamy, minister of state for personnel, public grievance and pensions)	Parliament_bills	fa2b65cf-8970-585f-ae70-e40745689906
bill no 327 of 2015 the consumer goods (right to free return) bill, 2015 byshri nishikant dubey, mp a billto provide for consumers the right to free return of consumer goods within a stipulated time and for all matters connected therewith and incidental theretobe it enacted by the parliament in the sixty-sixth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the consumer goods (right to free return) act, 2015short title, extent and commencement(2) it extends to the whole of india(3) it shall be come into force on such date, as the appropriate government may, by notification in the official gazette, appoint, and different dates may be appointed for coming into force of different provisions of this act2 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 all other cases, the central government;510(b) "consumer" means any person who buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the buyer of such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose;(c) "consumer goods" mean products which are purchased for consumption by an average consumer;15(d) "durable goods" mean goods which are consumed and used or disposed after serving its usefulness for a period of time, which is more than two years, like refrigerator, laptops, television sets etc;(e) "manufacturer" have the same meaning as given in section 2(j) of the consumer protection act, 1986;20(f) "retailer" or "retail supplier" means any person who does the sale of goods from individuals or business to the end-user or final consumer and also includes online retail shops; and(g) "semi durable goods" mean those products which are neither perishing nor lasting, like cloths, preserved foods, furniture etc chapter ii procuring receipt and exchange of contract25receipt to act as a guarantee contract3 (1) the appropriate government shall make it mandatory for all retailers to give a receipt for every durable and semi durable consumer goods purchase by the consumers and such receipt of purchase shall act as contract between the retail supplier and the consumer, wherein the production of this receipt shall be a prerequisite for every claim made under the provisions of this act30(2) every receipt given to the consumer shall have consumer guarantees specified on it as under:—(a) that goods are of acceptable quality; (b) that goods will be reasonably fit for use;35(c) that the description of goods is accurate and it would match any sample or demonstration model;(d) that the goods will satisfy any extra promises made about them; and (e) that there is a 'right to free return' of the goods within fifteen days of its purchase chapter iii40 the right to free return4 every consumer shall have the right to return free any semi durable or durable goods purchased within fifteen days of the purchase in such manner as may be prescribed:right to free return valid till fifteen days from purchase45provided that every such return of goods shall be done in their original condition, with no alteration to its size or shape, along with its original packing and the receipt of the purchase5 the appropriate government shall ensure that all retail shops shall,—\| ( \| a \| ) remove all signs that say 'no refund' or 'no replacement' from product \|\|-------------------------------------------------------------------------------------\|-------------------------------------------------------------------------------\|----------------------------------------------------------------------------\|\| covers and the retail shops; and \| \| \|\| 5 \| \| \|\| ( \| b \| ) display a board mentioning the right of consumers for free return of \|\| goods purchased by them \| \| \|\| removal of \| \| \|\| no \| \| \|\| replacement \| \| \|\| and no refund \| \| \|\| signs and \| \| \|\| display of \| \| \|\| right of \| \| \|\| consumers \| \| \|\| 6 \| a receipt of the purchase of goods shall be considered as guarantee itself \| \|\| and the retail supplier shall not ask for any further payment from the consumer for \| \| \|\| receiving any guarantees \| \| \|\| no payable \| \| \|\| payment for \| \| \|\| receiving \| \| \|\| guarantee \| \| \|\| 10 \| \| \|\| 7 \| if a consumer returns the defective goods to the retailer, the retailer shall \| \|\| have the right to claim them against the wholesaler or the manufacturer, from whom \| \| \|\| he received the goods \| \| \| chapter ivright of retailer to make claim against defective goods grievance redressal mechanism15right of consumers to move to court8 a conumer may in case of redressal of any grievance under this act move to the 'consumer disputes redressal forum' or to the 'state consumer protection council' or to the 'central consumer protection council' established under the consumer protection act, 198668 of 1986law enforcing agency209 the central consumer protection council established under cpa 1986 andthe agencies appointed by it shall be responsible for the enforcement of the provisions and rules made under this actdetails disclosed online for transparency10 the central consumer protection council shall publish on its website this act and rules made thereunder and also the details of complaints received by the authorities in district, state and central level, on different products, under the purview of this act, including details of:—25(a) the products returned; (b) the refund sought; (c) tracking the progress of each complaint with time line for completion;and(d) the complaint resolved30power to remove difficulty11 if any difficulty arises in giving effect to the provisions of this act, theappropriate 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 difficultypower to make rules35 4012 (1) the central government, may by notification in the official gazette, make rules for carrying out the purposes of this act(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe consumer protection act, 1986 is widely considered to be a benevolent social legislation that provides for the protection of consumer rights the fact was amended a number of times, the last being in 2002 the principal act, introduced in 1986 and subsequently amended, established consumer dispute resolution mechanisms and provides to control the trade of spurious goods and services through the authorities established it does not confer on the consumer a positive right which he can enforce himself in the context of increasing influx of imported goods to the country and the new trend of online shopping, it is necessary that the consumers are empowered to refuse a goods that does not satisfy the needs, without approaching forums or courtsthis bill makes it the right of a consumer to return any purchased product within a stipulated time for genuine reasons it seeks to provide the consumer a right to return any purchased durable or semi-durable goods within fifteen days of purchase it also provides that there should be a centralized database on complaints received and resolved by consumer protection councils and forums on goods purchased, so that before buying any product the consumer can make an informed choice to any terms agreed by both parties, retail supplier and consumer the bill seeks to provide additional statutory provisions for the benefit to the consumerthe enforcement of the act would be the responsibility of the authorities established under the consumer protection act 1986 this will ensure that there is no burden on the central or state governments for establishing additional authorities for monitoring and carrying out the purposes of this acthence this billnew delhi;nishikant dubeynovember 13, 2015 memorandum regarding delegated legislationclause 12 of the bill gives power to the central government to make necessary 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 consumers the right to free return of consumer goods within a stipulated time and for all matters connected therewith and incidental thereto————(shri nishikant dubey, mp)gmgipmrnd—2916ls(s3)—08-12-2015	Parliament_bills	e2b3cfeb-c289-5545-905e-862e0548bc49
bill no xxviii of 2013 the homicide on roads and highways (prevention and miscellaneous provisions) bill, 2013 a billto prevent homicide on roads and highways due to rash, negligent and drunken drivingby providing deterrent punishment of life imprisonment to the accused and forproviding timely medical treatment to the victim, provision of well equippedambulances at conspicuous places on roads and highways, compensationto the kin of the deceased and establishment of trauma centres andfor matters connected therewith and incidental theretobe it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the homicide on roads and highways (prevention and miscellaneous provisions) act, 2013short title, extent and commencement(2) it extends to whole of india5(3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state and in other cases the central government;10(b) "prescribed" means prescribed by rules made under this act; (c) "special court" means special courts established for the trial of offencesunder this act under section 4;(d) terms and phrases used but not defined in this act and defined in the indian penal code, 1860 or the code of criminal procedure, 1973 or the motor vehilces act, 1988 or the national highways act, 1956 shall have the meanings respectively assigned to them in those acts45 of 1860 2 of 1974 59 of 1988 48 of 19565penalty3 notwithstanding anything contained in any other law for the time being in forcewhoever,—(a) commits homicide on a road or highway including national highway, as thecase may be, due to his rash or negligent or drunken driving, he shall be punishable with imprisonment for life, which shall mean to remain in jail custody till the end of his life and also with fine which may extend to five lakh rupees;10(b) causes accident on a road or highway including national highway due to hisrash or negligent or drunken driving resulting in grivious hurt or permanent incapacitation of the accident victim of such driving, he shall be punishable with imprisonment which shall not be less than seven years but may extend to ten years and also with fine which may extend to seven lakh rupees;15 20(c) causes accident on a road or highway including national highway with anothervehicle or vehicles, as the case may be, due to his rash or negligent or drunken driving thereby causes hurt or injuries to the accident victim or damages vehicles, he shall be punishable for imprisonment which shall not be less than three years but may extend to five years and also with fine which may extend to two lakh rupees;(d) drives a vehicle under intoxication on a road or highway including nationalhighway or overspeeds the vehicle therein which is likely to cause an accident the vehicle being driven by such a person shall be impounded permanently and he shall also be liable to fine which may extend to fifty thousand rupees; and25(e) where a person committing an offence under clauses (a) to (d) under this actis a minor and it is proved that the vehicle driven by him was given or taken with the consent of any of his parents or guardian, as the case may be, such parent or guardian shall be deemed to be guilty of such offence and punished accordingly 4 (1) the offences under this act shall be tried by special courts30special courts to try offences(2) the appropriate government shall, in consultation with the chief justice of theconcerned high court in the case of a state and the chief justice of india in other cases, by notification in the official gazette, constitute such number of special courts as it may deem necessary for carrying out the purposes of this act(3) the set up of a special court constituted under sub-section (1) of section 4 shallbe such as may be prescribed355 the appropriate government shall,miscellaneous provisions(a) provide timely medical treatment to the victim and the accused, in case he iswounded, in such manner as may be prescribed;40(b) make provisions of well equipped ambulances in such numbers as it maydeem necessary and expedient and station them at conspicuous places on the major roads and highways including national highway so that the ambulance reaches the place of accidents without loss of precious time;(c) establish sufficient number of trauma centres near the periphery of roadsand highways including national highways with such facilities, as may be prescribed to treat the accident victims;45(d) pay compensation of minimum of ten lakh rupees to the next kin of deceasedvictim under this act in such manner as may be prescribed; and(e) remove the existing liquor shops of vendors from highways including national highways and shall not give liquor licence to be set up near the highways in any manner whatsoever2 of 197456 notwithstanding anything contained in the code of criminal procedure, 1973,offences under this act shall be congnizable and non bailableoffences to be cognizable and non bailable7 notwithstanding anything contained in any other law for the time being in force nocourt other than a high court or the supreme court of india shall have the authority to grant anticipatory bail to any person accused of committing an offence under this actbar on granting anticipatory bail1 08 the central government shall, after due appropriation made by parliament by lawin this behalf provide funds, from time to time, for carrying out the purposes of this actcentral government to provide fundsact to have overriding effect1 59 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force dealing with the subject matter of this actpower to make rules10 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsaccording to an official estimate more than nine thousand people on an average lose their lives due to rash, negligent and drunken driving on national highways alone in the country and majority of these deaths are caused by drunken driving lakhs of people are critically wounded leading to their permanent incapacitation and losing their limbs in these accidents majority of the killed ones are innocent people, many of them are sole bread earners of their families these deaths leave behind agonies, miseries and dark future for the members of the families and their children similarly, countless deaths are caused due to same reasons on other highways and roads and more so in urban areas majority of these deaths and serious wounds are caused by the negligence, rash or overspeeding and driving under intoxication and such reckless drivers come from all classes of society they may be rich or in particular neo rich, middle class or coming from the poor sections of the society but one thing is common in them and that is once they consume liquor or other intoxicants, many innocent people are killed while they are driving on the roads and highways many a times such drunkards are also killed in these accidents but their number is very few there is a feeling in our society that the existing law and law enforcing machinery ensures that rich are not affected in any manner after causing the accidents they generally plead the excuse that brakes of their vehicle had failed and clearly hiding the fact that they were drunk while driving the existing laws are not enough deterrent for them under the motor vehicles act,1988 a drunk driver can be fined two thousand rupees or can be jailed for maximum period of six months under the indian penal code to maximum jail term for negligent driving is six months it is very common that the drunk who has killed innocent people gets bail at the police station itself and then he easily jumps the bail alsothough there may be several reasons for the homicides committed on roads and highways but the main reason is there is no fear of law hence, a deterrent law is the need of the hour to reduce homicides on roads and highways along with this, there is need to provide timely medical treatment, ambulance services, trauma centres for treatment of victims, adequate compensation to the kins of those killed and several other provisions in the law itselfhence this billdr akhilesh das gupta financial memorandumclause 4 of the bill provides for the establishment of special courts to try offencesclause 5 provides for giving timely medical treatment to victims, well equipped ambulances, sufficient number of trauma centres, provision of payment of compensation of minimum of ten lakh rupees to the next of kin of the victim etc clause 8 makes it obligatory for the central government to provide funds for carrying out the purposes of this bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is not possible to quantify the amount at this stage, but it is estimated that a sum of rupees fifty thousand crore may involve as recurring expenditure per annuma sum of rupees eighty thousand crore may also involve as non-recurring expenditure from the consolidated fund of india for creating infrastructure memorandum regarding delegated legislationclause 10 of the bill gives power to the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto prevent homicide on roads and highways due to rash, negligent and drunken drivingby providing deterrent punishment of life imprisonment to the accused and forproviding timely medical treatment to the victim, provision of well equippedambulances at conspicuous places on roads and highways, compensationto the kin of the deceased and establishment of trauma centres andfor matters connected therewith and incidental thereto————(dr akhilesh das gupta, mp)gmgipmrnd—1077rs(s4)—11072014	Parliament_bills	6e7c3de4-ff58-56f9-acb6-7fac6d616a74
the agricultural refinance corporation bill: 1962(as indoduciid in lok sabra on sth december, 1962) arrangement of clauses ciiapteri claubu1 short title, extent and commeneement 2 definitions establishment and capital 01' tile agricultural rumaifcil codoaa- tlob3 establishment and inoorporaticm of agricultural reftnance corporation 4 omeas and' agencies ~ share capital and shareholders 6 guarantee by central government 7 shares of corporation to be deemed ~ be mcurim ,for certain purposes 8 register of shareholders chapteltm9 management 10 board of directors 11 term of oftlce and retirement of diredon add 'parma at fee; to' them; 12 disqualifications 13 vacation and resignation of oftiee by dfreetoi'l 14 mafufgiitg ditector 0) 2277 (b) ls-l claus 15 casual vacancies in the oftlee of ma"ipfti direet01' 16 meetings of board 17 committees of corporation 18 member of board or committee then!of not to vote in eertata cases chapter iv funds and busini'ss or tid corporaftoiii'19 central government to make a loan of five croree of nape8-20 borrowings by corporation 21 loans in foreign currency 22 business which the corporation may transact 23 limit of accommodation 24 power to impose conditions for aecommodatiml 25 power to call for repayment before agreed period 26 deposit accounts and investments chapi'er v accounts um at11m'27 preparation of balance-sheet, etc, of corporation 28 disposal of profits 29 special deposit 30 audit 31 general meetings 32 returns chapter vi miscellaneous33 power of central government to give c:tirection • 34 staff of corporation 35 corporation to have access to recorda " 36 act'18af 1891 to apply to books of corporatiod 37 liquidation of corporation 38 indemnity of directors 39 defects in appointment not to invalidate aets, etc 40 protection of action taken wlder the ad clav_ u declaration of fidelity and secrecy "2· provisions relating to income-tax and luper-tax 43 delegation of powers « penalties 45 offences by companies 46 powers of board to make regulations 47 amendment of certain enactments the first schedule-drclaration of p!dblity and hcucy the second schedule-ambndmbnt of cilrtain ilnactmbiii'ts - - '! the agricultural refinance corporation < bill,i962 (as iimioducm in lolt sabha)a bill to provide few the establishmmt of a corporation for granting medium ' and long term c1'edit by way of refinance or otherwise, for 'the ~ - d~t,elopinent of agriculture and for other matters connected there-', with or 'incidental thereto be it enacted by parliament in the thirteenth year of the republic oilildie as follows:-, chapter i preliminary" ~ ~ 5 1 (1) this act may be called the agricultural refinance corpora- 8bon title, tion act 1962 , (2) it extends to the whole of india " " (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint ::;'1 'r (10 z in this act, unless the context otherwise requires,-(a) "agriculture" includes animal husbandry, dairy farming, :: ; ~ture; poultry flimnirig and stock' breeding; ", "" ' ' (b) "board" means the board of directors of the corporation; (c) "central land mortgage bank" means the principal land iis " 1·tnm1gage: bank' in' a state' which is' registered, or deemed to be registered, under the co-operative societies act; 1912 or !tny other law for the time being in force in any state relating to co~l'ative societies and the primary object of which is the providid, of long term finance for agricultural development: provided that in addition to such principal land mortgage bank in a state or where there is no such bank in a state, the ~ state government may, with the previous approvtd of the reserve ~nk, declare anyone or more land mortgage banks registered or deemed to be registered as aforesaid and cajtylng on the business of providing long term finances for agricultunl development in that state to be a central land mortgage bank « 10 banks within the meaning of this definition; (d) "co-operative society" means a society registered', of deemed to be registered, under the co-operative societies act, 1912 or any other law for the time being in force in any state s of iir •• relating to co-operative societies; js (e) "corporation" means the agricultural refinance corporation established under this act; </) "eligible institution" mean~ (i) a central land mortgage bank or a state co-operative bank or a scheduled bank, being in each case a shareholder 20 of the corporation; and (ii) a co-operative society (other than a eentral led mortgage bank or a state co-operative bank) approved by the reserve bank in this behalf; (g) "life insurance corporation" means the life insurance ~s cerporation of india established under section 3 of the life insurance corporation act, 1956; (h) "prescribed" means prescribed by regulations made under this act; (i) "reserve bank" means the reserve bank of india con- 30 stituted under the reserve bank of india act, 1934; s of it, (;) "scheduled bank" means a bank for the time being indues· ed in the second schedule to the reserve bank of india aet, 1834; and (k) "state co-operative bank" has the same meanil1l u iii js the reserve bank of india act, 1934 chapter ii zwrabliskment and capital of the agricultural refinancz corpora tion 3 (1) with effect from such date as the central government may ~!ibmcnt - by notification in the official gazette appoint, there shall be estab- :v:~ lished for the purposes of this act a corporation to be known as the ~~twal agricultural refinance corporation c!~ioa (2) the corporation shall be a body corporate with the name aforesaid, having perpetual succession and" a common seal with power, 10 subject to the provisions of this act, to acquire, hold and dispose of property, and to contract, and may by that name sue and be sued the corporation shall 8tablish its head office in bombay and oe:ad may, with the previous approval of the reserve bank, establish ofbeeb "c i or a"endes in other places in india 15 5 (1) the authorised capital oj the corporation shall be twenty- :=re:!cai five crores of rupees divided into twenty-five thousand fully paid-up bolden shares of ten thousand rupees each of which five thousand shares of the total value of five crores of rupees shall be issued in the first instance, apd the remaining shares may, with the sanction of the (2) of the capital issued in the first instance and before such date as may be notified by the central government in the official gazette in this behalf-~o central government, be issued from time to time by the corporation as and when the corporation may deem fit -, r (a) the reserve bank shall subscribe for two thousand five hundred shares; (b) central land mortgage banks and state co-operative banks may subscribe for one thousand five hundred shares; (c) scheduled banks, the life insurance corporation, insur-30 ance and investment companies and such other classes of financial institutions as may be notified by the central government in the oftlcial gazette in this behalf may subscribe for one thousand _hares (3) the allotment of shares to the institutions mentioned in clauses 35 (b) and (c) of sub-section (2) shall be made by the board in accordance with the regulations made in this behalf: provided that no such institution shall be allotted more than ten per cent of the shares reserved for the class of institutions to which it belongs (4) if any shares referred to in clause (b) and (e) of sub-section (2) remain unauotted, they shall be subscribed for by the reeerve bank: provided that the reserve bank may dispose of the· shares 8ubscribed for by it in pursuance of thi sub-section, to any instimiod"si" mentioned in clauses (b) and (e) of sub-section (2), 80 howey, ' that-(i) the institutions referred to in the said clause (b) shall, not together hold more than one thousand five hundred shbres~ : and the institutions referred to in the said clause (e) ahalino\" '10' together hold more than one thousand shares, and (ii) no institution shall hold more than ten per cent of the shares reserved for the class of institutions to which it belemgs (5) if and when the remaining shares or any part thereof are issued, the reserve bank shall, and the institutions referred to in!s clauses (b) and (c) of sub-section (2) may, subscribe for such' shares in the same proportion as for the first issue and the proviaiodi ofaub-sections (3) and (4), except clause (ii) of the proviso to jub' section (4), shall also apply to such shares (6) shares of the corporation shall not be transferable except- 20 (a) to the institutions specified in clauses (a), (b) and ,(e) of sub-section (2), and (b) in accordance with the regulations made in this behalf guarantee ~ central government 6 shares of the corporation shall be guaranteed by the central goyemmeat as to the i'epayment of the prineipal the 'payment 2s of;a minimum addual dividend at sueh rate a may be 8ud ity, rthe cual govet'ludeftt by ilotificaticm in the official goette at the ti ,of issuijaethe shares sham of corporation to be deemed to be iccuritie for certain purposes 7 not"ithstanding anything contained in the acts hereinafter mentioned in this section, the shares of the corporation shall be 30 deemed to be included among the securities enumerated in section 20 of thelndian trusts act, 1882, and be also deemed to be apprqvld ~ of 18b securities for the ,purposes of the -1nsuraru:e act, 1938 alld the bank- " of 1938 ing companies act, 1949 10 of 194' 8 (1) the cqrporation shall maintain as its head office a register resistor of of the shareholders and shall enter therein the following particulars lhareholdcn so far as they may be available, namely:-s (i) the names and addresses of the shareholders and a statement of the shares held by each shareholder, distinguishing each share by its denotfng number; (ii) the date on which each person is entered as a shareholder; (iii) the date on which any person ceases to be a shareholder; and 10 (iv) such other particulars as may be prescribed (2) notwithstanding anything contained in this act or in any other law for the time being ill force, no notice of any trust, express, implied or constructive, shall be entered on the register maintained under sub-section (1) or be receivable by the corporation is chapl'erm management of the corporation9 (1) the general superintendence, direction and management of ~::aethe affairs and business of the corporation shall vest in a board of 20 directors which may exercise all such powers and do all such act and things as may be exercised or done by the corporation (2) the board in discharging its functions shall act on businesl principles with due regard to public interest 10 the board of directors shall consist of the following, namely: -board of ; djrcctol'l (a) a deputy govemar of the reserve bank nominated by that bank, who shall be the chairman of the board; (b) a director nominated by the reserve bank; (c) three officers of the central government nominated by that government: (d) one director elected in the prescribed manner by such 40 of the central lana mortgage banks as are shareholders of the corporation; (e) one director elected in the prescribed manner by such of the state co-operative banks as are sharehcl<fers of the corporation; (1) one director elected in the prescribed manner by the life insurance corporation, scheduled banks, insurance and in-5 vestment companies and other financial institutions, which are shareholders of the corporation; and (g) a managing director to be appointed by the reserve bank and, except in the case of the first appointment, after consultation with the board: 10 provided that on the first constitution of the bokrd, the directors referred to in clauses (d), (e) and (1) shall be nominated by the central government and the directors 80 nominated shall, for the purposes of this, act, be deemed to be elected directors: 15 provided further that the directors so nominated shall hold office until the conclusion of the first annual general meeting of the corporation term of 11 (1) a nominated director shall hold office during the pleasure ~=::! cit' of the authority nominating him 20 directon and payment of (2) an e~ected director, other than a director deemed to be electfeel to them ed under the first proviso to section 10, shall hold office for four years: provided that an elected director shall continue in office until his successor has been elected and shall also be eligible for il"e-elec- 25 tion but shall not hold office for more than two consecutive terms (3) a casual vacancy in the office of an elected director shan be filled by election and a director so elected shall hold office for the unexpired portion of the term of his predecessor: provided that no casual vacancr occurring within three months 30 of the date of expiry of the normal term of oftlce of an elected director need be filled under this sub-section (4) directors shali be paid such fees and allowances aa may be prescribed for attending the meetings of the board or of any of its committees and for attending to any other work of the corporation: 3s provided that no fees shall be payable to the chairman, managing director or to any other director who is an oftlcer of the govemment or ef the reserve bank lz no person shall be a director who-disqualifi-(a) except in the case of the managing director, is a sala- cations ried official of the corporation; or (b) is, or at any time has been, adjudicated insolvent or has 5 suspended payment of his debts or has compounded with his creditors; or (c) is of unsound mind and stands so declared by a competent court; or' 10 (d) is or has been convicted of any offence which, in the opinion of the central government, involves moral turpitude 13 (1) if a director-vacation and rcsignation gf officc by men- directors (0) becomes subject to any of the disqualifications tioned jn section 12; or (b) is absent without leave of the board from more than is three consecutive meetings thereof, his seat shall thereupon become vacant (2) any director elected under clause (d), or clause (e) or clause <f) of section 10 may resign his office by giving notice thereof in writing to the board and, on such resignation being accepted, shall 20 be deemed to have vacated his office it (1) the managing director ~hall-managinl director (a) be a whole-time officer of the corporation; (b) perform such duties as the board may entrust or delegate to him; 25 (c) hold oftlce for such term not exceeding five years as the reserve bank may at the time of appointment specify and be eligible for re-appointment; and (d) receive such salary and allowances and be governed by such terms and conditions of service as the board, with the previous apprpval of the reserve bank, may determine: provided that the first managing director shall receive such salary and allowances and begovemed by such terms and conditions of service as the reserve bank may determine (2) the reserve bank may at any time, after consultation with the board, remove the managing director from office casual 15 if the managing director is by infirmity or otherwise rendered ~c:anoffiiea ~ incapable of carrying out his duties or is absent on leave or other-:u~ wise, in circumstances not involving the vacation of his appoint- 5 direc:tar ment, the reserve bank may, after consultation with the board, appoint another person to act in his place during his absence meetinl8 of 16 (1) the board shall meet at such times and places and shall baud observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed (0 (2) the chairman, or, if for any reason he is unable to attend any meeting, any other director elected by the directors present at the meeting shallpreside at the meeting of the board (3) all questions which come up before any meeting of the board shall be decided by a majority of votes of the members 15 present and voting, and, in the event of an equality of votes, the chairman or, in his absence, the person presiding, shall have a second or casting vote committeel 17 (1) the board may constitute an executive committee conol corpora silting of such number of directors as may be prescribed ~ tioa (2) the executive committee shall discharge such functions as may be prescribed or may be delegated to it by the board (3) the board may constitute such other committees, whether consisting wholly of directors or wholly of other persqds or partly of directors and partly of other persona as it thinks fit and for such 25 purposes 8s it may decide i (4) a committee constituted under this section shall meet at such times and places and shall observe such rules and procedure in regard to the transaction of business of its meetings as may be· prescl"ibed i 30 (5) the members of a committee (other than the directors ·of the board), shall be paid by the corporation such fees and allowances as may be prescribed for attending its meetings and for attending to any other work of the corporation 18 a director of the board or a member of a committee who has member of any direct or indirect pecuniary interest in any matter coming up board !,r for consideration at a meeting of the board or a committee thereof, ~::r;~ shall, as soon as possible after relevant circumstances have come to to yo~c in 5 his knowledge, disclose the nature of his interest at such meeting and :::n the disclosure shall be recorded in the minutes of the board or the committee, as the case may be, and the director or member shall not take any part in any deliberation or decision of the board or the committee with respect to that matter chapter iv10 funds and business of the corporation19 the central government shall, after due appropriation made central goby parliament by law in this behalf, make to the corporation an vemmcnt to - makea loan idterestfree loan of five crores of rupees, repayable in fifteen equal of five 15 annual instalments commencing on the expiry of a period of fifteen crore8 of years from the date of receipt of the loan: rupecs provided that the central government may, on a request being made to it by the corporation, increase the number of instalments or alter the amount of any instalment or vary the date on which any 20 instalment is payable zoo (1) the corporation may, for the purpose of carrying out its borrowinsl functions under this act, with the previous approval of the central :~~?!~ government-2s (a) issue and sell bonds and debentures carrying interest, which bonds and debentures shall be guaranteed by the central government as to the repayment of principal and payment fd interest at such rates as may be fixed by the central govern ment at the time the bonds or debentures are issued; 30 (b) borrow money from the reserve bank repayable on the expiry of fixed periods not exceeding eighteen months from the date of the making of the loan or advance, against the security of stocks, f1;lnds and securitj~s (other than immov· able property) in which a trustee is authorised to invest trust money by any law for the time being in force in india; 3s (c) borrow money from the central government and from any other authority or organisation or institution approved by that government, on such terms and conditions as may be agreed upon; and i (d) accept from the central government, a state government, a local authority, a central land mortgage bank, a state c()-()perative bank, a scgeduied bank or any person, deposits repayable after the expiry of n vriod nhich sholi not be less than twelve months from the date of the making of the deposit and on such other terms as the corporation may, with the prior approval of the reserve bank, fix s (2) the amount of loan granted by the central government under section 19 and outstanding, together with the amount of bonds and debentures issued under clause (a) of sub-section (1) and outstanding, the amounts borrowed by the corporation and outstanding under clauses (b) and (c) of that sub-section and· the 10 - amount of deposits accepted under clause (d) of that sub-section, shall not at any time in the aggregate exceed twenty times the amount of the paid-up share capital and the reserve fund of the corporation loans foreign currency in 21 (1) notwithstanding anything contained in the foreign ex- is change regulation act, 1947, or in any other law for the time being 7 of 1947· in force relating to foreign exchange, the corporation may, for the purpose of granting loans and advances to eligible institutions, borrow, with the previous consent of the central government, foreign currency from any bank or financial institution in india or else- 20 wherej (2) the central government may guarantee loans taken by the corporation under sub-section (1) as to the repayment of principal and the payment of intere§t thereon and other incidental charges 25 (3) all loans and advances made to eligible institutions out of foreign currency borrowed under sub-section (1) shall be granted in indian currency and shall be repayable by such institutions in indian currency (4) any loss occurring or profit accruing in connection with any 30 borrowing of foreign currency under sub-section (1) for the purpose of granting loans or advances to any eligible institution or its repayment, on account of any fluctuations in the rates 9f exchange shall be reimbursed by, or paid to, the eligible institution bu,iness ft (1) the corporation may provide such financial assistance 35 weohkh the to eligible institutions as it considers necessary for promoting the rporatlon may trbrui-development of agriculture in india and shall notact (a) trans"ct any busine~ except for that pu~e, and (b) grant, except as hereinafter provided, loans and advances otherwise than by way of refinance: (2) no institution other than an eiigible institution shall be entitled to assistance under sub-section (1) 5 (3) subject to- the provisions of sub-sections (1) and (2), the corporation may transact the several kinds of business hereinafter specified, namely:-, (a) the granting of loans and advances by way of refinance to an eligible institution mentioned in sub-clause (i) of clause 10 (1) of section 2, repayable within a period not exceeding twentyfive years from the dates on which they are granted; (b) the granting of loans and advances otherwise than by way of refinance to an eligible institution mentioned in sub-clause (ii) of clause </> of section 2 repayable within a period not ex-is ceeding twenty-five years from the dates un which they are granted; (c) the subscribing to the debentures of any eligible institution repayable within a period not exceeding twenty-five years from the dates on which they are issued: 20 provided that repayment of principal and payment of interest thereon are fully and unconditionally guaranteed by government; (d) the guaranteeing, with the prior approval of the central government and on such terms and conditions as may be 2s agreed upon, of deferred payments in connection with the purchase of capital goods from outside india, (i) due from an eligible institution mentioned in subclause (ii) of clause (i) of section 2; or (ii) due from any other person and guaranteed to the 3') corporation by one of the eligible institutions mentioned in sub-clause (i) of clause (i) of section 2; (e) acting as agent for the central govenunent or a state govemment in the transaction of any business with ail eligible institution in respect of loans and advances granted or to be jl'anted, or debentures subscribed for or to be subscribed for, by such government; and (1) generally, the doing of all such matters and things as may be incidental to or consequential upon the discharge of its functions under this acl 5 (4) no accommodation shall be granted under clauses (a), (b) and, (d) of sub-section (3) to an eligible institution unless it is fully and unconditionally guaranteed as to the repayment of principal and payment of interest by government: provided that no such guarantee shall be required in cases in 10 which an eligible institution makes available other security to the satisfaction of the board: provided further that any sums received by a scheduled bank in repayment or realisation of loans and advances refinanced either wholly or partly by the corporation shall, to the extent of the accom- 15 modation granted by the corporation remaining outstanding, be deemed to have been received by the scheduled bank in trust for the corporation, and shall accordingly be paid by such scheduled bank to the corporation (5) the corporation shall not grant any loan or advance on the 20 security of its own shares, bonds or debentures or for the purpose of providing working capital i (6) the corporation may receive, for the rendering of any of the services mentioned in sub-section (3), such commission or other consideration as may be agreed upon 25 (7) if any question arises whether a transaction undertaken by the corporation is for the purpose of providing finance or refinance for the development of agriculture in india, the matter shall be referred to the reserve bank and the decision of the reserve bank thereupon shall be final 30 limit of accommodation 23 the corporation shall not, without the prior approval in writing of the reserve bank, enter into any transaction under clause (a) or clause (b) or clause (c) of sub-section (3) of section 22 involving an amount exceeding fifty lakhs of rupees power to ~-24 in entering into any transaction under section 22 with an 35 p'0lle c:rnd1-eligible institution, the corporation may impose such conditions as tlonao - accommoda- it may think necessary or expedient for protecting the interests of don the corporation i 25, notwithstanding anyth~ng to the contrary contained in any power to c:ajj agreement, the corporation may, by notice in writing require any for repayel'g'bl ' tit t' h" 'ment before ,lie ins u ion to w lch it has granted any loan or advance to ,reed discharge forthwith in full its liabilities to the corporation: _ period 5 (a) if it appears to the board that false or misleading information in any material particular was given in the application for the loan or advance; or 10 (b) if the eligible institution has failed to comply with any of the terms of its contract with the corporation in the matter of the loan or advance; or (c) if there is a reasonable apprehension that the eligible institution is unable to pay its debts or that proceedings for liquidation may be commenced in respect thereof; or (d) if for any reason it is necessary to do so to protect the is interests of the corporation, 26, all moneys belonging to the corpomtion which may not for depoeit the time being be required by it shall be invested in promissory ::f::'tnotes, stock or securities of the central government and all other iiiicdii moneys shall be deposited with the reserve bank or wi1lh any agency 20 of the reserve bank or, in consultation with the reserve bank, with a state co-operative bank or a scheduled bank, chapter v account and audit ;!! , 27, (1) the balance-sheet and accounts of the corporation shall be pret::ticll 2s prepared and maintained in such form and manner as may be pres- :~t e:::;-of cribed, corpo:'at~ (2) the board shall cause the books and accounts of the cor'!>qration to be balanced and closed as on the thirtieth day of june, each year !iio 28 (l) the corporation shall establish a reserve fund by transfer- dispoealof ~ , ~~ ring such sums as it may deem fit out of its net annual profits before declaring a dividend, (2) after making provision for bad and doubtful debts, depreciation of assets and all other matters whic;h ~re usually provided for by ~~rs, the corporation may out of its net annual profits declare a dividend: ' ; t provided that for so long as the reserve fund is less than the' paidup share capital of the corporation and until there have been repaid to the central government such sums, if any, as that government s may have paid under the guarantee given in pursuance of section 6 or under any guarantee given in pursuance of sub-section (1) of section 20 or sub-section (2) of section 21, the rate of such dividend shall not exceed the rate guaranteed by the central government under section 6 10 = 29 (1) for a period of fifteen accounting years foj)owii;lg the accounting year during which the corporation is established, all cuv,fpends accruing on the shares of the corporation held by the ~enre bank shall, irstead of being paid to that bank, be held by the c'orporation as a special deposit in a separate account and no interest 1$ shall be payable on such deposit (2), on the expiry of the period referred to in sub-~ctiob (1), the corporation shall, if so required by the reserv'e bank, pay to it the said special deposit and in c~se the reserve bank does not require the same to be paid to it, continue the said special deposit on:'such ao temis and on such conditions, including payment of iriterest;' and 'for such period as may be mutually agreed upon between thecorporatlon and the reserve bank (3) no shareholder of the corporation other than the reserve bank shall have any claim to the special deposit referred to in sub- 2, netion (1) milk 30 (1) the affairs of the· corporation shall be audited by an auditor duly qualified to act as auditor under sub-sectio,n (1) of sectiqn ~ of the companies act, 1956, who shall be app~dnted by the i of its' ~~rd with, the previous approval of the reserve' bank and ihall 30 receive such remuneration from the corporation as the bobrd may, with the approval of the reserve bank, fix: provided that tpe first auditor shall be appointed by the reserve bank within one month from the establishment of the corporation on such tenns and conditions as the reserve bank may determine 35 (~) the auditor so appointed shall hold office from the conclusion pja~ annual general meeting of the corporation until the conclusion of the next annual general meeting: : provided tha,t the first auditor shall hold office until the conelueion of the first annual general meeting (3) the awiitor shall be supplied with a copy of the annu"' balance-sheet qf the corporation and it shall be his duty to examine it together with the accounts and vouchers relating thereto and he shll11 have; a list delivered to him of all books kept by the corporation 5 and shall at all reasonable times have access to the books, accountl, vouoben and other documents of the corporation (4) the auditor may, in relation to the accounts of the cot"pol'a- tion, examine any director of the board or any officer or employee of the corporation, and shall be entitled to require from the officers· of 10 the corporation such information and explanation as he may think necessary for the performance of his duties (5) the auditor shall make a report to the corporation upon the annual palance-sheet and accounts examined by him and in every such re~t he shall state whether in his opinion the balance-sheetii 15 a full and fair balance-sheet containing all necessary particulars and p~~rly drawn up so as to exhibit a true and fair view of ~he ist~~~i of affairs of the corporation and in cage he had called for any exp~~'i' nation or information from the board, whether it has been given ali!! whether it is satisfactory :ao (6) without prejudice to anything contained in the preceding sul?:-sections, the central government may at any time ·appoint the comjr, troller and auditor-general of india to examine and report upq~' the accounts of the corporation, and any e~penditure incurred by him in con~tion with such examination and report !lihall be payable 2$' by the corporation to the comptroller and auditor-general of india; 31 (1) a 'general meeting shall be held annually (hereinafter geaeri referred to as the annual general meeting) at a place in india where there is an office of the corporation within three months from the date on which the annual accounts of the corporation are 30 closed, and any other general meeting may be convened by the board at any other time ptovidt!d that the central government may extend the time wt~l\in which 'any annual general meeting shall be held, by a period not exceeding one month 55 (2) the shareholders present at the annual general meeting shall be entitled to discuss the annual accounts, the report of the board on the working of the corporation throughout the year and the auditor', report gin the annual balance-sheet and accounts leturd8~ 32 (1) the corporation shall furnish, from time to time, to the central government and to the reserve batlk such returns as the central government or the reserve bank may require, (2) the corporation shall furnish to the central government and the reserve bank within fifteen days of the conclusion of the an-5 nual general meeting in respect of any year, a copy of its balancesheet as on the close of that year together with a profit and loss account for the year and a report of the working of the corporation during the year, and copies of the said balance-sheet, profit and loss account and report shall be published in the official gazette and 10 shall be laid before each house of parliament chapter vi miscellaneous~o,,~ of 33 in the discharge of its functions under this act, the corporao:ctnment tion shall be guided by such directions in matters of policy involving is ~~ ip~ public interest as the central government may after consulting the treet na reserve b~k give to it in writing, and if any question arises whether the direction relates to a matter of policy involving public interest, the decision of the central government thereon shall be final sta1fof m (1) the corporation may appoint such number of staff as it 20 corporation considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service (2) without prejudice to the provisions of sub-section (1), it shall be lawful for the corporation to utilise, and for the reserve bank 2s to make available the services of, such staft of the reserve bank on s1tch terms and conditions as may be agreed upon between the corporation and the reserve bank col'p<!ration to haft 8cceii to re:orda 35 (1) the corporation shall have free access to all such records of an eligible institution or any person availing of a loan or advance 30 from such eligible institution perusal whereof may appear to the corporation to be necessary in connection with the providing of finance or other assistance to such eligible institution or the refinancing of the loan or advance made to such person by the eligible institution (2) the corporation may require any eligible institution or person 35 referred to in sub-section (1) to furnish to it copies of any of the records referred to in that sub-section and the eligible institution or the person, as the case may be, shall be bound to comply with such requishfon 38 the corporation shall be deemed to be a bank for the pur- act 18 of poses of the bankers' books evidence act, 1891 1891 to apply to books of corporation 37 no provision of law relating to the winding up of companies li uidation or corporations shall apply to the corporation, and the corporation o~ ~rpora-5 shall not be placed in liquidation save by order of the central gov- tlon emment and in such manner as it may direct 38 (1) every director shall be indemnified by the corporation indemnity against all losses and expenses incurred by him in, or in relation to, of directors the discharge of his duties, except such as are caused by his own wil-10 ful act or default (2) a director shall not be responsible for any other director or for any officer or other employee of the corporation or for any loss or expenses resulting to the corporation from the insufficiency or deficiency of value of, or title to, any property or security acquired is or taken on behalf of the corporation or the insolvency or wrongful act of any debtor or any person under obligation to the corporation or anything done in good faith in the execution of the duties of his office in relation thereto 31 (1) no act or proceeding of the board or of any committee of dcf~ in 20 the corporation shall be questioned on the ground merely of the :~~~~::'l existence of any vacancy in, or defect in the constitution of, the board udate actr, or committee or on the ground of any director or member of any etc committee having acted or taken part in any proceeding in contravention of section 18, 25 (2) no act done by any person acting in good faith as a director of the board or as a member of a committee of the corporation shall be deemed to be invalid merely on the ground that he was disqualified to be a director or that there was any other defect in his appointment 40 no suit or other legal proceeding shall lie against the corpora- protection 30 tion or any director or any officer of the corporation or any other per- ~~e~~~er son authorised by the corporation to discharge any functions under the act this act for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act 35 41 every director, auditor, officer, or other employee of the cor- declara~it't1 f h r b k h of fidehty poration or any employee o t e eserve an, w ose serylces are and secrecy utilised by the corporation under sub-section (2) of section 34, shall, before entering upon his duties, make a declaration of fidelity md secrecy in the form set out in the first schedule to this act 42 any sum paid by the central government under the ·luarad-tee given in pursuance of section 6 or, under any guarantee given in pursuance of sub-section (1) of section 20 or sub-section (2) of section 21 shall not be treated as the income, profits and rains of the corporation, and any interest paid by the corporation on deben- s tures or bonds or on foreign currency borrowed ·under sub-section (1) of section 21 out of such sum shall not be treated for the purpose of income-tax or super-tax as expenditure incurred by it: provided that in the case of any shareholder sucla portion of - dividend as has been paid out of any such sum advanced by the 10 central government shall be deemed to be his ·income from interest on securities declared to be income-tax free within the meaaidg of clause (i) of section 86 of the income tax act, 1961 430h96l delegation of powe·s 43 the board may, by general or special order, delegate to any committee of the board or to the chairman or managing director or 15 any other officer of the corporation, subject to such conditions and limitations, if any, as may be specified in the order, sucjl of its powers and duties under this act as it may deem necessary penalties 44 (1) whoever in any return, balance-sheet, or other document or in any information required or furnished by or under or for the 20 purposes of any provision of this act, wilfully makes a statement which is false in any material particular, knowing it to be false, or wilfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine 25 (2) if any person fails to produce any book, account or other document, or to furnish any statement or information which, under the provisions of this act, it is his duty to produce or furnish, he shall be punishable with a fine which may extend to two thousand rupees in respect of each offence and in the case of a continuing failure, with 30 an additional fine which may extend to one hundred rupees for every day during which the failure continues after conviction for the first such failure offences by companies 45 (1) where an offence has been committed by a company, every person who, at the time the offence was committed, was·in 'charge of, 135 and was responsible to the company for the conduct of the ·business of the company, as well as the company, shall be deemed to beguilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render 40 any such person liable to any punishment provided in this act, if h1! proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where 5 an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any -director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to 10 be guilty of that offence and shall be liable to be proceeded agains\ and punished accordingly explanation-for the purposes of this section-(a) "company" means any body corporate and includes a firm or othw association of individuals; and is (b) "director", in relation to a firm, means a partner in the firm 46 (1) the board may, with the previous approval of the reserve powcn of bank, make regulations not inconsistent with this act to provide for =d ~~gu_ all matters for which provision is necessary or expedient for the pur- ltions zo pose of giving effect to the provisions of this act (2) in particular and without prejudice to the generality of the foreioing power, such regulations may provid~ for-(a) the manner in which and the conditions subject to which the first allotment of shares of the corporation shall be made; 25 (b) the manner in which and the conditions subject to which the shares of the corporation may be held and transferred, and generally all 'matters relating to the rights and duties of the shareholders; (c) the holding and conduct of elections under this act, 30 including the final decision on doubts or disputes regarding the validity of elections; (d) the manner in which general meetings shell be convened, the procedure to be followed thereat and the manner in which voting rights may be exercised; (e) the fees or allowances that may be paid to the direc~ors; (f) the times and places of the meetings of the board or of any committee constituted under this act and the procedure to be followed at such meetings including the quorum necessary for the transaction of business; (g) the number of directors constituting the executive committee, end the functions that such committee shall discharge; (h) the functions which any other committee may discharge 5 under this act; (i) the fees and allowances that may be paid to the members of a committee other than directors; (;) the manner and terms of issue and redemption of bonds and debentures by the corporation; 10 (k) the conditions which the corporation may impose in granting loans wld advances; (i) the manner and conditions subject to which the corporation may borrow in foreign currency; (m) the form and manner in which the balance-sheet and 15 the accounts of the corporation shall be prepared or maintained; (n) the forms of returns and statements required under this act; (0) the duties and conduct, salaries, allowances and conditions of service of officers and other employees; 20 (p) the establishment and maintenance of provident or other benefit funds for" employees of the corporation; and (q) generally, the efficient conduct of the affairs of the corporation (3) any regulation which may be made by the board under this 25 act may be made by the reserve bank within" three months of the establishment of the corpomtion; and any regulation so made may be altered or rescinded by the board in the exercise of its powers under this act (4) no regulations made under this act shall have effect until 30 they are published in the official gazette " (5) all regulations made under this act shall be placed before each house of parliament amcnd~cnt 47 the enactments specified in the second schedule to this act ~ta shall be emended in the manner provided therein 35 (see section 41) decl4ration of fidelity 4nd secrecyi do hereby declare that i will faithfully, truly and to the best 5 of my akill and ability execute and perform the duties required of me as director, auditor, officer or other employee (as the case may be) of the agricultural refinance corporation and which properly relate to the oftice or position held by me in the said corporation i further declare that i will not communicate or allow to be com-10 municated to any person not legally entitled thereto any infonnation relating to the aftairs of the agricultural refinance corporation or to the affairs of any person having any dealing with the said corporation; nor wul i allow any such person to inspect or have access to any books or documents belonging to or in the possession of the 15 agricultural refinance corporation and relating to the business of the said corporation or the business of any person having any dealing with the said corporation -(signature) sigfted before me the second schedule (see section 47)a meftdmentl of oert4i" enactment part i ajmmments to 'ftdl ri:savi: bank or india ar:r, 1934 (2 of 1934:) amendmentl1 in aect10n 2, for clause (4), substitute the f01low1ng clauset, umely:-'(4) "agricultural reftnanee corporation" means the agri-cultural refinance corporation establlshed under section 3 - af 30 the agricultural rlaflnanee coj1)oration aot, i9&!; - (cia) "the bank" means the reserve bank of india constituted by this act;' 2 in section 17,-(4) after clause (4d), insert the following clause, namely:-"(4e) the making to the agricultural refinance cor- s poration of loans and advances repayable on the expiry of tbfed periods not exceeding eighteen months from the date of the making of the loan or advance, against the security of stocks, funds and securities· (other than immovable· property) in which a trustee is authorised to invest trust money 10 "by any law for the time being in force in india"; (b) in clause (sa), after the words "the capital of", inaert the words "the agricultural refinance corporation," pailt n ~ to the indu8'l'itial dlaru lis act, lm7 (14 01" 1947) is in section 2, in sub-elause (i) of clause (a) after the words ''to any industrial dispute concerning" insert the words ''the agricultural refinance corporation established under section 3 of the agricultural refinance corporation act, 1962, or" statliment of obiocts and reasonsthe question of establishing an independent statutory corporation for facilitating the provision of term credit for agricultural development has been under consideration for some time the new institution is intended to assist projects which cannot ordinarily be financed by·estabushed agencies suebas the apex co-operative and land mortgage banks, either because the amounts involved in each individual scheme or project are very large or because the period for which credit is necessary is relatively long the new corporation will be predeminantly a refinancing agency, providing the necessary resources for· these purposes to other· primary lenders 2 it has been considered desirable, in view of the important role whieh the·new corporation is expected to play in promoting'the developmeat of agriculture and other allied activities, that its duties, rights and obligations should be prescribed clearly by law: the bill is intended to gcve effect to the arrangements which have been proposed in connection with the establishment of the corporation the notes on clauses explain in detail the various provisions of the bill nbwdelm; morarji desai tha'2ge~ november, 1962 clause 2 defines the words and expressions used in the bill agriculture, in accordance with the deftni1ion for the purposes of the bill will include animal husbandry, dairy farming, pisciculture, poultry farming and stock breeding eligible institutions will normally be the state co-operative and the state land mortgage banks and they will be entitled to the facility of refinance in respect of" loans or advances made by thenl, but it will be open to the corporation, with the approval of the reserve bank, to treat any co-operative society as an eligible institution for the purpose of granting loans or advances directly to it clauses 3 and 4 provide for the establjsbment of the corporation, the location of its head office at bombay, and the other offices or agencies of the corporation clauses 5 to 7 provide fer the capital structure, the allotment of shares and the ownership of the corporation the authoriied capital will be ri 25 crores a sum of ri 5 crores out of the corporation's authorised capital will be issued and paid-up in the first instance fifty per cent of the capital thus issued and paid-up will be allotted to the reserve bank an amount not exceeding thirty per cent may be allotted, on application, to state co-operative and land mortgage banks, while an amount not exceeding twenty per cent may be allotted to scheduled banks, the life insurance corporation, insurance and investment companies and other financial institutions shares which are not taken up within the respective categories, by the institutions for which they are intended will be allotted to the reserve bank in addition to its normal fifty per cent share, but such shares, acquired in excess of its statutory minimum holdings, may be transferred by the reserve bank at a later stage to the institutions which are eligible to_, or to become, shareholders of the corporation, within the quotas earmarked for each category, so long as the effect of such transfers is not to increase the holding of any individual institution beyond ten per cent of the total value of the shares intended for the category to which it beloags any issue of capital, after the initial amount of rs 5 crares hu been allotted and paid-up, will be offered in the proportions in which the initial issue was intended to be allotted, but the ceiling for shareholding by any individual institution will not be enforced at th!a 81l 18 clat&beb 6 and '1 provide for the shares of the corporation being guaranteed by the central government as to the repayment of the principal and the payment of dividends at a rate to be determined by the central government clause 7 provides that the shares of the corporation shall be deemed to be trustee securities or approved securities for the purposes of the trusts act, the banking companies act and the insurance act clause 8 provides for a register of shareholders to be maintained by the corporation and also makes it clear that notices of trusts in respect of the shares shall not be receivable by, or bind, the corporation clauses 9 to 15 provide for the board of directors of the corporation the corporation will have nine directors with a deputy governor of the reserve bank as the chairman three nominees of the central government, one nominee of the reserve bank, one elected director each representing the state co-operative banks, the state land mortgage banks, 6lld all the other financial institutions which are shareholders, will be ordinary directors a managing director will be appointed with the approval of the reserve bank the provisions regarding the terms of office and qualifications for appointment as directors are based generally on the corresponding provisions relating to the state-associated banks and the deposit insurance corporation clauses 16 to 18 provide for meetings of the board of directors and its committees, subject to the regulations which are to be made for the purpose it has been provided that interested directors shall not participate at these meetings clause 19 provides for the grant of an interest-free loan of rs 5 crores to the corporation for a period of fifteen years it is intended that the investment income on this amount should be available to the corporation for enabling it to meet its expenses durins this period clause 20 provides for the borrowing of money by the corporation (8) by the issue of bonds or debentures, (b) from the reserve bank against trustee securities for periods not exceeding eighteen months and (c) from the central government or other institutions approved by the government and for the acceptance of deposits from the public for fixed periods of twelve months or more the total amowlt baitowed under clauses 19 and 20 is not to exceed twenty times the paid-up capital and reservea clawe 21 provides for the borrowing of money !n foteiijl cur rency by the c01'p9ration against the guarantee of the ceatral government clause 22 provides that the corporation shall grant assistance to eligible institutions only for the purpose of promoting agricultural development the assistance provided by the corporation will normally be in the form of refinance against loans or advances granted by the state co-operative, state land mortgage and scheduled banks for periods not exceeding twenty-five years or in the form of subscriptions to the debentures of land mortgage banks for similar periods, dut in certain exceptional cases, direct assistance to co-operative societies recognised by the corporation for this purpose with the approval of the reserve bank may also be granted the· amounts due to the corporation from institutions which are assisted by it will be guaranteed by the state governments ~deerned czauh 23 restricts the amount of the assistance granted by the corporation in connection with any individual transaction to bs 50 lakhs cl4vres 24 and 2s provide for the grant of powers to the corporation to impose suitable conditions in regard to its loads or to call up' its loans before the due dates, if it is considered necessary or expedient to do so clause 26 provides for the investment of the surplus funds of the corporation in securities of the central government and for the other funds with the reserve bank or with co-openltive or scheduled banks approved by the reserve bank clauses 27 and 28--clause 27 provides for the preparation of ballfulce-sheets as at the end of the co-operative year, ie at the end of june and clause 28 provides for the grant of a dividend from ·out of the surplus profits of the corporation and for the restriction: of the rate of this dividend while any amount remains due to be paid to the central government on account of its guarantee clause 29 provides for the dividends accruing to tae reserve bank during a period of fifteen years to be deposited free of interest with 'the corporation and for the continuance or return of the deposit after that period the intentfon is to permit the grant of ways and meant··assistance to the corporation and to enable it to utilise for its own purposes the 'investn1ent income on account of the&ef\idda clauses 30 to 32 make the usual provisions regarding audit, including a special audit by the comptroller and auditor-genenl in case this becomes necessary the holding of a general meeting and the submission of the accounts and the annual report to the central government and parliament claule 33 enables the central government to give directions to the corporation in regard to matters of policy involving the public interest clauses 34 to· 36 am 38 to 40 provide for the recruitment of staft, 8efts8 to records essential for the corporation's purposes, the grant to the corporation of the facllities available under the bankers' books evidence act, the indemnity c)f directors, and the protection or ¥udation of action taken by the corporation c'l4use 37 provides that the corporation cannot be taken into liquidation except in accordance with the orders of the central government cla:use 41 and the first schedule provide for declarations of fidelity and secrecy on the part of the directors and employees clause42 makes it clear that any amount received by the corporation from the central government in pursuance of the central government's guarantee shall not be treated as income, profits or gains of the corporation for the purposes of income-tax or super-tax cla:uses 43 to 45 provide for the delegation of powers by the board of directors of the corporation and for penalties in respect of offenees, including offences by companies clawe 46 provides for regulations to be made by the board of directors of the corporation in order to carry out the purposes of the act clause 47 and the secemd schedule provide for consequential amendments of the reserve bank of india act, 1934, and for an amendment of the industrial disputes act, 1947 in order to make it clear that the appropriate government in relation to any industrial dispute involving the corporation will be the central government clause 6 of the bill provides that the shares of tire proposed corporation shall be guaranteed by the central government as to the repayment of principal and the payment of a minimum annual dividend at such rate as may be fixed by the central government clause 19 provides that the central government may after due appropriation by law grant an interest-free loan to the corporation of a sum not exceeding rs 5 crores sub-clause (1) (a) of clause 20 provides that the bonds and debentures issued by the corporation shall be guaranteed by the central government sub-clause 1 (e) of that clause provides for the grant of further loans, if necessary, by the central government to the corporation and sub-clause (2) of clause 21 provides that the central government may in addition guarantee loans in foreign currency obtained by the corporation from any financial institution clause 42 makes it clear that any sums which may have to be advanced to the corporation by the central government for ensuring the repayment of any principal or dividend guaranteed by the government will not attract income-tax 2 while provision will have to be made in pursuance of clause 19 for the grant of an interest-free loan of rs 5 crores to the corporation by the central government, it is not clear at this stage whether any further loans will be necessary or whether any payments will be necessary c?n account of any guarantees by that government - annexure extracts from the reserve bank of india act, 1934 (2 of 1934) - • - •2 in this act, unless there is enything repugnant in the subject definition, or context,-(a) "the bank" means the reserve bank of india constituted by this act; - - - - 17 - - - - business which the bank may tfansact (8a) the purchase an~ sale of shares in, or the capital of the deposit insurance corporation, the state bank or any other bank or financial institution notified by the central government in this behalf; - - - - extract from the industrial disputes act, 1947(14 of 1947) - - - - 2 in this act, unless there is anything repugnant in the subject definitiens or context,-(a) "appropriate government" mean&-(i) in relation to any industrial dispute concerning the deposit insurance corporation established under section 3 of the deposit insurance corporation act, 1961, or any industry carried on by or under the authority of the central government or by a nillway company or concerning any such controlled industry as may be specified in this belialf 2277 (b) ls-5 by the central government or in relation to an industrial dispute concerning a banking or an insurance company, a mine, an oil-field, or a major port, the central government, and (ii) in relation to any other industrial dispute, the state government; - - - - a billto provide for the establishment of a corporation for granting medium and long term credit by way of refinance or otherwise, for the development of agriculture and for other matters connected therewith or incidental thereto the president has, in pursuance of clauses (1) and (3) of article 117 and clause (1) of article 274 of the constitution of india, recommended to lok sabha, the introduction and consideration of the bill m n kaul, secretary (shri morarji desai, minister of finance)	Parliament_bills	74e2f1b5-864a-5f7f-ad62-fcd95c04223c
bill no 157 of 2015 the religious institutions (prevention of misuse) amendment bill, 2015 by shri dushyant chautala, mp a billto amend the religious institutions (prevention of misuse) act, 1988 be it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the religious institutions (prevention of misuse)amendment act, 2015short title and commencement41 of 1988amendment of section 22 in section 2 of the religious institutions (prevention of misuse) act, 1988(hereinafter referred to as the principal act), after clause (f), the following clause shall be inserted, namely:—5"(g) 'spiritual leader' means a person, who preaches, promotes or propagates any religion, faith or belief or chants the prayers or performs religious duties or ceremonies at religious place"amendment of section 33 in section 3 of the principal act, after the word "manager" the words, "manager or spiritual leader" shall be substituted4 after section 3 of the principal act, the following section shall be inserted, namely:—10insertion ofnew section3a"3a no religious institution or manager or spiritual leader thereof shall issueany direction or appeal to any person or group of persons to vote or refrain from voting in any election in favour of any political party or any individual contesting that election"5 for section 7 of the principal act, the following section shall be substituted, namely:—substitution of new sectionfor section 7 penalties15 20"7 where any religious institution or manager or spiritual leader thereof contravenes the provisions of section 3, section 3a, section 4, section 5 or section 6, the manager, the spiritual leader and every person connected with such contravention shall be punishable with imprisonment for a term which may extend to seven years and with fine, which shall not be less than rupees one lakh but may extend upto ten lakh rupees"amendment of section 86 in section 8 of the principal act, in sub-section (1), (2) and (3), for the word"manager", wherever it occurs, the word, "manager or spiritual leader" shall be substituted25"(2a) when any spiritual leader of a religious institution is accused of an offence under this act and a charge-sheet for prosecution of such person is filed in any court and the court is of the opinion, after considering the charge-sheet and after hearing the prosecution and the accused, that a prima facie case exists, it shall pass an order or direction restraining such person from any function of such religious institution in all respect, pending trial" statement of objects and reasonsit is proposed to amend the religious institutions (prevention of misuse) act, 1988with a view to restraining such institutions to act at the behest of political parties; preventing criminalization of religious institutions and preventing religious institutions to affect the mandate in elections particularly by issuing directions to its followers to cast or not to cast vote in favour of a particular political party or person it is also proposed to enhance the punishment for ensuring that the religious institutions do not indulge into criminal or political activitieshence this billnew delhi;dushyant chautalaapril 16, 2015 annexure extract from the religious institutions (prevention of misuse) act, 1988 (41 of 1988)\| \| \| \| \| \| \|\|------\|------\|------\|------\|------\|-----\|definitions2 in this act, unless the context otherwise requires,—\| ( \| a \| ) \| \| \| \| \| \|\|-----\|-----\|--------\|------\|------\|------\|------\|-----\|\| ( \| b \| ) \| \| \| \| \| \|\| ( \| c \| ) \| \| \| \| \| \|\| ( \| d \| ) \| \| \| \| \| \|\| ( \| e \| ) \| \| \| \| \| \|(f) "religious institution" means an institution for the promotion of any religion or persuasion, and includes any place or premises used as a place of public religious worship, by whatever name or designation known\| \| \| \| \| \| \|\|------\|------\|------\|------\|------\|-----\|3 no religious institution or manager thereof shall use or allow the use of any premises belonging to, or under the control of, the institution—(a) for the promotion or propagation of any political activityprohibition of use of religious institutions for certain purposes\| \| \| \| \| \| \|\|------\|------\|------\|------\|------\|-----\|penalties7 where any religious institution or manager thereof contravenes the provisions of section 3, section 4, section 5 or section 6, the manager and every person connected with such contravention shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to ten thousand rupees\| \| \| \| \| \| \|\|------\|------\|------\|------\|------\|-----\|disqualification of persons convicted or chargesheeted under this act8 (1) any manager or other employee of a religious institution shall, upon conviction for an offence under this act, stand removed from his office or post and shall, notwithstanding anything to the contrary contained in any other law, be disqualified for appointment in any religious institution as manager or in any other capacity for a period of six years from the date of his conviction(2) where any manager or other employee of a religious institution is accused of an offence under this act and a charge-sheet for the prosecution of such person is filed in any court and the court is of the opinion, after considering the charge-sheet and after hearing the prosecution and the accused, that a prima facie case exists, it shall pass an order or direction restraining the person from exercising the powers or discharging the duties of his office or post pending trial(3) where any manager or other employee has been removed under sub-section (1), or restrained under sub-section (2), the vacancy arising out of such removal or restraint may be filled in the manner provided in the law applicable to the said religious institution ——— a billto amend the religious institutions (prevention of misuse) act, 1988————(shri dushyant chautala, mp)gmgipmrnd—1269ls(s3)—14072015	Parliament_bills	5aa5aa9a-4e06-5150-98e7-1d63bf62bf61
idk sabha corri genna to thk constitution (idrty-:fourth ameniment) bill, 1977 lto be/as introduced in wk sabha 71 page 1, line 8,-after "article 32" inse;rt ''of the constitution" 2 page 2, line 19,-after "article 2~ ii insert "of ·the constitution ll nrw delhi; december ~ 1977 agrahayana23, 1899 (saka) blil no 148 of tl71 ),$ thp; constitution (forty -fourth amendment) bill, 1977 a billfuf'tmf' to amend the constitution of india be it enacted by parliament in the twenty-eighth year of the republic of india as follows:-1 this act may be called the constitution ment) act, 1977 (forty-fourth amend-short title 5 2 article 31d of the constitution shall be omitted omission of article 3id 3 (1) article 32a of the constitution shall be omitted omission of article 32a· (2) any proceedings pending before the supreme court under article 32 immediately before the commencement of this act may be dealt with by the supreme court as if the said article 32a had been 10 omitted with effect on and from the 1st day ()of february, 1977 4 (1) article 13la of the constitution shall be omitted omission of article lila (2) notwithstanding anything contained in sub-section (1), where immediately before the commencement of this act any reference made by a high court under the said article 13la is pending before the supreme is court, the supreme court may, having regard to-(a) the stage at which the reference is so pending; and (b) the ends of justice, either deal with the case as if that article had not been omitted or return the case to the high court for disposal as if that article had been omitted with effect on and from the 1st day of february, 1977 5 5 (1) article 144a of the constitution shall be omitted omission of article 144a (2) any case pending before the supreme court immediately before the commencement of this act may be dealt with by the supreme court as if the said article 144a had been omitted with effect on and from th~ 1st day of february, 1977 t in article 145 of the constitution,-amendment of article 145 (a) in cilause (1), in sub-clause (ee) , for the words, figures and letters "articles isla and 139a", the word, figures and letter uarticle 139a" shall be substituted; is (b) in clause (2), the words, figures and letter "article 144a anr\ of" shall be omitted; (e) in clause (3), the words, figures and letter "subject to the provisions ot article 144a," shall be omitted if (1) article 22sa" ot the constitution shall be omitted omlaion of artlele 2ha (i) nty proeeedtnp pending before a high court udder 'artiele 228 immediately before the commencement ot this act may be dealt with 20 by the high court as it the said article 228a had been omitted with ,, effect on and from the 1st day of february, 1977 8 in article 228 of the constitution, in the opening portion, the words, figures and letter ", subject to the provisions of article l31a," shall be omitted amendment of article 228 8 (1) article 228a of the constitution shall be omitted omission of article 228a (2) any case pending before a high court immediately before the commencement of this act may be dealt with by the high court as if the said article 228a had been omitted with effect on and from the 1st day of february, 1977 30 10 in article 366 of the constitution, chluse (4a) and clause (26a) shall be omitted ' ' , ameadment of article 360 the constitution (forty-second amendment) act, 1976, inserted various articles in the collstllution to curtail, both directly and indirectly, the jurisdiction of 'the supreme court and the high courts to l'eview the constitutionality of laws article 32a barred the supreme court 1rom considering the constitutional validity of any state law in proceedings for the enforcement of fundatnental rights unless the constitutional validity of any central law was also in issue in such proceedings article 13la gave to the supreme court exclusive jurisdiction to decide the constitutional validity vf a central law and thus deprived the high courts of their jurisdiction in respect of the same article· 144a pro~ vided thai the minimum number of judges of the supreme court who shall "siij2r the purpose of determining the constitutional validity of any centra?'1uw or state law shall be seven and required a special majority of two-thirds for the invalidation of such law article 226a barred the high courts from deciding the validity of any central law and article 228a required that there should be a :bench of at least ft'\l'e judges for determining the constitutional validity of any state law and prescribed a special majority for a judgment invalidatin'g such a law 2, it is considered that articles 32a, 131a and 22'8a cause hardship to persons living in distant parts in india further, article 32a would lead to multiplicity of proceedings as cases relating to the validity of a state law which could be disposed of by the supreme court itself have to be heard first by the high court the minimum number of judges in every case wherein the constitutional validity of a law is involved, iljwever unsubstantial the challenge might be, results in valuable judicial time being lost in hearing and rejecting /submissions that have no substance" the supreme court has, in mis misrilal jain vs the state of oris!:a and others (air 1977 sc 1686) expressed the hope that articie 144a would engage the prompt attention of parliament and would be amended so as to leave to the court itself the duty to decine how large a bench should decide any particular case in fact, a number of "cases have been held up in the supreme court and high courts as a result of the aforementioned articles 3, it is, therefore, prop:lsed to omit articles 32a, 131a, 144a, 226a and '228a it is also proposed to make special provisions to enable the supreme court and the high courts to deal with pending eases in the s:tme manner as if the said articles had been omitted with effect from the 1st february, 1977 (viz, the date on which those articles were brought into force) necessary consequential amendments to articles 145, 228 and 386 are also proposed to be made 4 article 31d confers special power on parliament to enact certam laws in respect of anti-national activities it is considered that these powers of parliament to make laws for dealing with anti-national activities and anti~national associations are ctf a sweeping nature and are capable of abuse it is, therefore proposed to omit article sid 5 the bill seeks to achieve the above objects new l1tthl; shant! b'ftushan the 12th december 1977 - - - - - 31d (1) notwithstanding anything contained in article 13, no law 'providing for-(e) the prevention or prohibition of anti-national activities; or savin·got laws in respect of anti-national activities (b) the prevention of formation of, or the prohibition of, antinational associations, - shall be deemef\ to be void on the ground that it is inconsistent with, or takes away or abridges any of the i'ights conferred by, article 14, article 19 or article 31 (2) notwithstanding anything in this constitution, padiament shall have, and the legislature of a state shall not have, power to make laws with respect to any of the matters referred to in sub-clause (a) or subclause (b) of clause (1) (3) any law with respect to any matter ll'eferred to in sub-clause (0) or sub-clause (b) of clause (1) which is in force immediately before the commencement of section 5 of the constitution (forty-second amendment) act, 1976, shall continue in force until altered or repealed! or amended by parliament (4) in this article,-(0) "association" means an association of persons; (b) uanti-national activity", in relation to an individual or asso-ciation, means any action taken by such individual or association-(i) which is intended, or which supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of india or the secession of a part of the territory of india or which incites any individual or association to bring about such cession or secession i (ii) which disclaims, questions, threatens, t\isrupts or is intended to threaten or disrupt the sovereignty and integrity of india or the security of the state or the unity of the nation; (iii) which is intender\, or which is part of a scheme which is intended, to overthrow by force the government as by law estab~; (iv) which is intended, or which is part of a scheme whfch is intended, to create internal disturbance or the disruption of pub1tc services; (v) which is intended, or which is part of a scheme hith is mtendetl, to threaten or disrupt harmony between different religious, racial, language or regional 'groups or castes or communities; (c) "anti-national association" means an associatiori-(i) which has for its object any anti-national activity; (ii) which encourages or aids persons to undertake or engage in any anti-national activity; (iii) the members whereof undertake or engage in any antinational activity - 3za notwithstanding anything in article 32, the supreme court shall not consider the constitutional validity of any state law in any proceedings under that article unless the constitutional validity of any central law is also in issue in such proceedings constitu_ tional validityof state lavs not to be considered in proreedints under article 82 - 13la (1) notwithstanding anything contained in any other provision of this constitution, the supreme court shall, to the exclusion of any other court, have jurisrtiction to determine all questions relating to the constitutional validity of any central :law (2) where a high court is satisfted-(ii) that a case pending before it or before a court subordinate to it involves questions as to the constitutional validity of any central law or, as the case may be, of both central and state laws; and exclusive jurisdic_ tion of the supreme court in regard to questions as toconatitutional vaudityof central laws (b) that the determination of such questions is necessary for the disposal 01 the case, the high court shall refer the questions for the decision of the supreme court (3) without prejudice to the provisions of clause (2), where, on an appucation made by the attomey-general of india, the supreme court is sattsfled,-(ii) that a case pending before a high court or before a court subordinate to a high court involves questions as to the constitutional validity of any central law or, as the case may be, of both central and state laws; and (b) that the determination of such questions is necessary for the disposal of the case, the supreme court may require the high court to il'efer the questions to it for it~ decision (4) when a reference is made under clause (2) or clause (3), the higb court shall stay all proceedings in respect of the case until the supreme court decides the questions so il'eferred (5) the supreme court shall, after giving the parties an opportunity of being heard, decide the questions so referred, and may-(a) either dispose of the case itself; or (b) return the case to the high court together with a copy of its judgment on such questions for disposal of the case in conformity with such judgment by the high court or, as the case may be, the court subordinate to it - - - - - 1~ (1) the minimum number of judges of the supreme court who shall sit for the purpose of determining any question as to theo constitutional validity of any central law or state law shall be seven (2) a central law or a state law shall not be declared to be constitutionally invalid by the supreme court unless a majodty of not les3 than two-thirds of the judges sitting for the purpose of determining the question as to the constitutional validity of such law hold it to be constitutionally invalid special provi_ sions to disposalof questions reiat-ingto constitutional validity ollawi rules 01 court, etc 145 (1) subject to the provisions of any law made by parliament, the supreme court may from time to time, with the approval of the president, make rules for regulating generally the practice and procedure of the court including-- - - - - (cc) rules as to the proceedings in the court under m'ticles 13la and 139a; - - - - - (2) subject to the provisions of article 144a and of clause (3'), rules made under this article may fix the minimum number of judges wlloat'e to sit for any purpose, ami may provide for the powers of single juages and· division courts (3) subject to the provisions of article 144a"the minimum number of judges who are to sit fol' the purpose of deciding my case involving a substantial question of law as to the interpretation' of this constitution, or tor the purpose of hearin'g any reference under article 143 shall 'be ave: provided that, where the court hearing an appeal under any ot the provisions rjf this cbapter other than article 132 consists of' lesa than· ftve judges and in the course of the hearing of the appeld the court is'satisfled that the appeal involves a substantial question' of law'1ls 'to die' inteipl!etation of this constitution the determination of which is ne~sary for the ,dis~sal of the appeal, such court sball refer the question for opinion rto a court con9~ituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion d-iapgse of the appeal in conformity with such opinion jz6a notwithstanding anything in article 226, the high court shall not consider the constitutiopaj validity of any central law in any proceedlng" under that article constitutional validity ofcen_ tral jaws not to be oonsi dered lnprocee dings under blucie ~ae, transfr of certain cu tohiib court iii if the high court is satisfied that a oase pending in a court iubordinate to it involves a substantial questton of law u to the interpretattcm 01 tbis ccmstltutlon the detemdnat1cm cd wbich is necessary tor the dilpoaal of the cue, it shall withdraw the eale ann, subject to the provi lions of a!rticle lsla, may-(g) either dispole of the cue itself, or (b) determine the said question of law and return the case to the cclurt from which the case has been so withdrawn together with 0 copy of its judgment on such question, and the said court shall on receipt tnereof, proceed to dispose of the ease in conformity with such judgment 228a (1) no rli~h court shall h:we jurisdiction to rleclare any cen-special tral law to be ~onstitutionally invalid provi (2) suh;ect to the provisions of article 131a, the hij!:h court may determine all questions relating to the constitutional vnlidity of any state law (3) the minimum number of jud)l,es who shalf sit for the purpose of determininj( any question 88 to ~e constitutional vahdity of any state law shall be five: provided that where the high court consist$ of less than flv'e tu-i[!'e9, all the judges of the high court may sit and determine such question sions as to disposal of questions relating to cons titutional validity of state laws (4) a state law shall not be dec1a'!'ed too be constitutionally invalid by the high court unless--(ii) where the high court consislq of flve judjtes or morf' not less than two-thir& of the jud've!il sittinl! for the purpos of determining the valfdity of such hw hold it to be constitutlonallv invalid: and (b) where the high court consists of less than five judges, all the judges of the high court sitting for the purpose hold it to be const! tutionally invalid (5) the provisions of this a'l'ticle shall have effect notwithstbllding anything contained in this part ~:rplanation-in computing the number of judges of a high court for the purposes of this article, a judge who is disqualified by r~as9p qf personal or pecuniary bias shall be exc:ludect - - - - - definitiona 388 in this constitution, unless the context otherwise il'equires, the following expressions have the meanings hereby respectively assigned to them, that is to say-- - - - - (fa) "central law" means any law other than a state law but itoes not include any amendment of this constitution made under article 388; - - - - - (28a) i·state law" means-(ii) a state act or an act of the legislature 0'1 a uniod territory: (b) an ordinance promulgated by the governor of a state under ril'ticle 213 or by the administrator of a union territory under article 23gb: (c) any provision with respect to a matter in the state list in a central act made before the commencement of this constitution; (d) any provision with respect to a matter in the state list or the concurrent list in a provincial act; (e) any notification order scheme rule, reltulation or byelaw or anv other instrument havinl! thf' force of law mal\e under anv act ordinance or pro\'isions referred to in sub-c1ause (a), sub-clause (b) sub-clause (e) or sub-clause cd); (1) any notification order rcheme rule rellulat;on or bvelaw or any other instrument havins! the force of law, not fal1in~ under sub-clause '(e) and made bv a stqtf' government or the administrator of a union territory or an i'ifficer or authority rubordinate t~ such government (lr administrator; and (g) any other law (includinsr anv usal!e or custom having thp force of law) wi,th respect to a melttel' in the state list:; - - - - - "!to -, - bill further to amend the constitution of india (shri shanti bhushan, minister of law, justice and company affairs)	Parliament_bills	894a392c-ed91-5843-912d-8e3416eccf68
bill no 33 of 2010 the price control bill, 2010 byshri arjun meghwal, mp a billto provide for the constitution of a commission for determining the prices of all consumer and industrial goods and for matters connected therewithbe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the price control act, 2010 (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 notificationin the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(i) "commission" means the price commission constituted under section 3; and (ii) "prescribed" means prescribed by rules made under this actconstitution of the price commission3 the central government shall constitute a commission to be known as the price commission for determining the prices of all consumer and industrial goods, including life saving drugs and medicines, whether manufactured indigenously or imported4 (1) the commission shall consist of—(i) two members representing manufacturers of goods;composition of the commission5(ii) two members representing consumers; (iii) two members representing labourers; (iv) two members representing wholesalers and retailers of all consumer andindustrial goods;(v) two members representing farmers;10(vi) one member each representing state governments, who shall be nominated by the respective state governments; and(vii) two members representing the central government15(2) the members of the commission, except the members representing the state governments, shall be nominated by the central government in such manner as may be prescribed(3) the central government shall appoint a member from amongst the members of the commission to act as its chairperson20(4) the chairperson and every member of the commission shall hold office for a term of two years from the date on which he assumes office(5) the salaries and allowances payable to, and the other terms and conditions of service, of the chairperson and members of the commission, shall be such as may be prescribed25(6) the central government shall make available to the commission such number of officers and employees as may be necessary for the efficient performance of its functions(7) the salaries and allowances payable to, and other terms and conditions of service of, the officers and employees of the commission shall be such as may be prescribedduty of the commission5 it shall be the duty of the commission to determine, from time to time, the prices of all consumer and industrial goods after taking into account such factors as it may deem necessary306 if any person sells any consumer or industrial goods at a price higher than the price determined by the commission, he shall be punished with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees or with bothpunishment for selling goods at a price more than the price determined by the commission power to make rules7 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act3540(2) every rule made under this 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 prices of all essential consumer goods and medicines are continuously increasingthe producers of consumer and industrial goods fix the prices of such goods with huge profit motives, while wholesalers and retailers arbitrarily charge further increased prices from the consumers thus, at present, there is no effective mechanism to control the prices of essential consumer goods the central government has taken some limited measures to contain the prices of essential goods but they have not been successful the common people are suffering a lot due to steep hike in prices of all consumer goods and life saving drugs it is becoming very difficult for them to survive with their meager income due to price rise of all consumer goods moreover, the poor people are totally dependant on dispensaries and hospitals run by the government for necessary treatment and medicines there is no provision to make available life saving drugs to these people at cheaper ratestherefore, it is proposed to constitute a commission which shall determine the prices of all consumer and industrial goodshence this billnew delhi;arjun meghwalfebruary 11, 2010 financial memorandumclause 3 of the bill provides for the constitution of a price commission for determining the prices of all consumer and industrial goods clause 4 provides for the payment of salaries and allowances to the chairperson and members and officers and employees of the commission the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees five crore will be involveda non-recurring expenditure of about rupees ten crore is also likely to be involved memorandum regarding delegated legislationclause 7 empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha————— a billto provide for the constitution of a commission for determining the prices of all consumer and industrial goods and for matters connected therewith—————(shri arjun meghwal, mp)gmgipmrnd—1002ls(s5)—12-03-2010	Parliament_bills	8eee76b4-1cdd-52c2-8a71-070ebccd6580
bill no x of 2010 the essential commodities (amendment) bill, 2010 a billfurther to amend the essential commodities act, 1955be it enacted by parliament in the sixty-first year of the republic of india as follows:— 1 (1) this act may be called the essential commodities (amendment) act, 2010(2) it shall come into force with immediate effectshort title and commencementamendment of section 710 of 19552 in section 7 of the essential commodities act, 1955 (hereinafter referred to as the principal act),—(i) in sub-section (1),—(a) in clause (a), in sub-clause (i) for the worlds "one year" the words"two years" shall be substituted(b) in clause (a), in sub-clause (ii) for the words "three months but which may extend to seven years", the words "six months but which may extend to fourteen years" shall be substituted(ii) in sub-section (2), for the words "three months but which may extend to seven years", the words "six months but which may extend to fourteen years" shall be substituted(iii) in sub-section (2a), for the words "six months but which may extend to seven years", the words "one year but which may extend to fourteen years" shall be substitutedamendment of section 93 in section 9 of the principal act, for the words "which may extend to five years", the words "which may extend to ten years" shall be substituted statement of objects and reasonsthe essential commodities act, 1955 was enacted to ensure the easy availability of essential commodities to the consumers and to protect them from exploitation by the unscrupulous traders the act provides for regulation and control of production, distribution and pricing commodities, which are declared as essential for maintaining or increasing the supplies or for securing their equitable distribution and availability at fair pricesthe ground situation, however, shows an increasing tendency among traders to board and create artificial scarcity in this manner, they succeed in jacking up prices, making essential commodities unaffordable for the common man it is, therefore, felt that the penalties prescribed under the essential commodities act should be made more stringent, so as to deter market manipulatorshence this billprakash javadekar annexure extracts from the essential commodities act, 1955 7 penalties—(1) if any person contravenes any order made under section 3,—(a) he shall be punishable,—(i) in the case of an order made with reference to clause (h) or clause (i) of sub-section (2) of that section, with imprisonment for a term which may extend to one year and shall also be liable to fine, and(ii) in the case of any other order, with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine:provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months; (b) any property in respect of which the order has been contravened shall be forfeited to the government;(c) any package, covering or receptacle in which the property is found and any animal, vehicle, vessel or other conveyance used in carrying the commodity shall, if the court so orders, be forfeited to the government (2) if any person to whom a direction is given under clause (b) of sub-section (4) of section 3 fails to comply with the direction, he shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine:provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months(2a) if any person convicted of an offence under sub-clause (ii) of clause (a) of subsection (1) or under sub-section (2) is again convicted of an offence under the same provision, he shall be punishable with imprisonment for the second and for every subsequent offence for a term which shall not be less than six months but which may extend to seven years and shall also be liable to fine:provided that the court may for any adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than six months(2b) for the purposes of sub-sections (1), (2) and (2a), the fact that an offence under sub-clause (ii) of clause (a) of sub-section (1) or under sub-section (2) has caused no substantial harm to the general public or to any individual, shall be an adequate and special reason for awarding a sentence of imprisonment for a term of less than three months, or six months, as the case may be(3) where a person having been convicted of an offence under sub-section (1) is again convicted of an offence under that sub-section for contravention of an order in respect of an essential commodity, the court by which such person is convicted shall, in addition to any penalty which may be imposed on him under that subsection, by order, direct that that person shall not carry on any business in that essential commodity for such period, not being less than six months, as may be specified by the court in the order 9 false statement— if any person,—(i) when required by any order made under section 3 to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or(ii) makes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish, he shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both rajya sabha———— a billfurther to amend the essential commodities act, 1955————(shri prakash javadekar, mp)gmgipmrnd—2338rs(s5)—03-05-2010	Parliament_bills	8ec86c98-e59d-53c2-b6b8-26c3e5032743
bill no 368 of 2019 the arms (amendment) bill, 2019 a billfurther to amend the arms act, 1959be it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the arms (amendment) act, 2019short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5amendment of section 254 of 19592 in the arms act, 1959 (hereinafter referred to as the principal act), in section 2, after clause (e), the following clause shall be inserted, namely:—'(ea) "licence" means a licence issued in accordance with the provisions of this act and rules made thereunder and includes a licence issued in the electronic form;'3 in section 3 of the principal act in sub-section (2),—amendment of section 3(i) for the words "three firearms", the words "one firearm" shall be substituted; (ii) for the proviso, the following provisos shall be inserted, namely:—5 10"provided that a person who has in his possession more firearms than one at the commencement of the arms (amendment) act, 2019, may retain with him any one of such firearms and shall deposit, within one year from such commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the union, in a unit armoury referred to in that sub-section after which it shall be delicensed within ninety days from the date of expiry of aforesaid one year:provided further that while granting arms licence on inheritance or heirloom basis, the limit of one firearm shall not be exceeded"15amendment of section 54 in section 5 of the principal act, in sub-section (1), in clause (a), for the word"manufacture,", the words "manufacture, obtain, procure," shall be substitutedamendment of section 65 in section 6 of the principal act, after the words "convert an imitation firearm into a firearm", the words and figures "or convert from any category of firearms mentioned in the arms rules, 2016 into any other category of firearms" shall be inserted20amendment of section 86 in section 8 of the principal act, in sub-section (1), for the word "firearm", the words "firearm or ammunition" shall be substitutedamendment of section 137 in section 13 of the principal act, in sub-section (3), in clause (a), in sub-clause (ii), for the words and figures "point 22 bore rifle or an air rifle", the word "firearm" shall be substituted258 in section 15 of the principle act, in sub-section (1),—amendment of section 15(a) for the words "period of three years", the words "period of five years" shall be substituted;(b) after the proviso, the following proviso shall be inserted, namely:—30"provided further that the licence granted under section 3 shall be subject to the conditions specified in sub-clauses (ii) and (iii) of clause (a) of sub-section (1) of section 9 and the licensee shall produce the licence along with the firearm or ammunition and connected document before the licensing authority after every five years from the date on which it is granted or renewed"9 in section 25 of the principal act,—amendment of section 25(i) in sub-section (1),—35(a) in clause (a), for the word "manufactures", the words "manufactures, obtains, procures" shall be substituted;(b) in clause (b), after the words "convert an imitation firearm into a firearm", the words and figures "or convert from any category of firearms mentioned in the arms rules, 2016 into any other category of firearms," shall be inserted;40(c) in the long line, for the words "three years but which may extend to seven years", the words "seven years but which may extend to imprisonment for life" shall be substituted;(ii) in sub-section (1a),—(a) for the words "five years but which may extend to ten years", the words "seven years but which may extend to fourteen years" shall be substituted;(b) the following proviso shall be inserted, namely:—5"provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than seven years";(iii) after sub-section (1a), the following sub-section shall be inserted, namely:—10"(1ab) whoever, by using force, takes the firearm from the police or armed forces shall be punishable with imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life and shall also be liable to fine"; (iv) in sub-section (1aa), for the words "seven years", the words "ten years"shall be substituted;15(v) in sub-section (1b),—(a) in the long line, for the words "one year but which may extend to three years", the words "two years but which may extend to five years and shall also be liable to fine" shall be substituted;(b) in the proviso, for the words "one year", the words "two years" shall be substituted;20(vi) after sub-section (5), the following sub-sections shall be inserted, namely:—25'(6) if any member of an organised crime syndicate or any person on its behalf has at any time has in his possession or carries any arms or ammunition in contravention of any provision of chapter ii shall be punishable with imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life and shall also be liable to fine(7) whoever on behalf of a member of an organised crime syndicate or a person on its behalf,—30(i) manufactures, obtains, procures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or35(ii) shortens the barrel of a firearm or converts an imitation firearm into a firearm or converts from any category of firearms mentioned in the arms rules, 2016 into any other category of firearms in contravention of section 6; or(iii) brings into, or takes out of india, any arms or ammunition of any class or description in contravention of section 11, shall be punishable with imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life and shall also be liable to fineexplanation—for the purposes of sub-sections (6) and (7),—40(a) "organised crime" means any continuing unlawful activity by any person, singly or collectively, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any person;(b) "organised crime syndicate" means a group of two or more persons who, acting either singly or collectively, as a syndicate or gang indulge in activities of organised crime5(8) whoever involves in or aids in the illicit trafficking of firearms and ammunition in contravention of sections 3, 5, 6, 7 and 11 shall be punishable with imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life and shall also be liable to fine10explanation—for the purposes of this sub-section, "illicit trafficking"means the import, export, acquisition, sale, delivery, movement or transfer of firearms and ammunition into, from or within the territory of india, if the firearms and ammunition are not marked in accordance with the provisions of this act or are being trafficked in contravention of the provisions of this act including smuggled firearms of foreign make or prohibited arms and prohibited ammunition15(9) whoever uses firearm in a rash or negligent manner in celebratory gunfire so as to endanger human life or personal safety of others shall be punishable with an imprisonment for a term which may extend to two years, or with fine which may extend to rupees one lakh, or with both explanation—for the purposes of this sub-section, "celebratory gunfire" means the practice of using firearm in public gatherings, religious places, marriage parties or other functions to fire ammunition'20amendment of section 2710 in section 27 of the principal act, in sub-section (3), for the words "shall be punishable with death", the words "shall be punishable with imprisonment for life, or death and shall also be liable to fine" shall be substituted11 in section 44 of the principal act, in sub-section (2), in clause (f), —amendment of section 4425(a) for the words "firearm shall be stamped or otherwise shown thereon", the words "firearm or ammunition shall be stamped or otherwise shown thereon for the purposes of tracing" shall be substituted;(b) the following explanation shall be inserted, namely:—30'explanation—for the purposes of this clause, "tracing" means the systematic tracking of firearms and ammunition from manufacturer to purchaser for the purpose of detecting, investigating and analysing illicit manufacturing and illicit trafficking;' statement of objects and reasonsthe arms act, 1959 was enacted to consolidate and amend the law relating to arms and ammunition the arms act, 1959 and rules made thereunder regulate the acquisition, possession, use, manufacture, transfer, sale, transport, export and import of arms and ammunition and punishment for contravention of the provisions of the act, in order to curb illegal weapons and violence stemming from them2 the law enforcement agencies indicate growing nexus between possession of illegal firearms and commission of criminal offences with the advancement in technology, the fire power and sophistication of illegal firearms have increased significance over the years the trans-border dimensions of illegal arms trafficking are causing threat to internal security and to prevent the usage of illicit firearms so trafficked has also become a prime concern to effectively curb crimes related to or committed by using illegal firearms and to provide effective deterrence against violation of law, there is an urgent need to strengthen the existing legislative framework by making appropriate amendments in the arms act, 1959 simultaneously, there is also a requirement for rationalising and facilitating the licensing procedures for use of firearms by individuals and sports persons3 in order to implement the above measures effectively,it is proposed to amend the arms act, 1959 accordingly, a bill, namely, the arms (amendment) bill, 2019, has been, inter-alia, proposed,—(i) to define new offences and prescribing punishment for them, such as for taking away firearms from police or armed forces,involvement in organised crime syndicate, illicit trafficking including smuggled firearms of foreign make or prohibited arms and prohibited ammunition, use of firearms in rash and negligent manner in celebratory gunfire endangering human life, etc;(ii) to enhance the punishment for existing offences like illegal manufacture, sale, transfer, etc;illegal acquiring, possessing or carrying prohibited arms or prohibited ammunition; and illegal manufacture, sale, transfer, conversion, import, export, etc, of firearms; and(iii) to enhance the period of arms licence from three years to five years and also to issue arms licence in its electronic form4 the bill seeks to achieve the above objectivesnew delhi;amit shahthe 27th november, 2019 annexure extracts from the arms act, 1959 (54 of 1959) chapter ii acquisition, possession, manufacture, sale, import, export and transport of arms and ammunition3 (1) (2) notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section (3), shall acquire, have in his possession or carry, at any time, more than three firearms:licence for acquisition and possession of firearms and ammunition25 of 1983provided that a person who has in his possession more firearms than three at the commencement of the arms (amendment) act, 1983, may retain with him any three of such firearms and shall deposit, within ninety days from such commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the union, in a unit armoury referred to in that sub-section 5 (1) no person shall—(a) use, manufacture, sell, transfer, convert, repair, test or prove, or licence for manufacture, sale, etc, of arms and ammunition6 no person shall shorten the barrel of a firearm or convert an imitation firearm into a firearm unless he holds in this behalf a licence issued in accordance with the provisions of this act and the rules made thereunderexplanation—in this section, the expression "imitation firearm" means anything which has the appearance of being a firearm, whether it is capable of discharging any shot, bullet or other missile or notlicence for the shortening of guns or conversion of imitation firearms into firearms 8 (1) no person shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a firearm prohibition of sale or transfer of firearms not bearing identification marks chapter iii provisions relating to licences13 (1) grant of licences(3) the licensing authority shall grant—(a) a licence under section 3 where the licence is required— (ii) in respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the central government;\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|15 (1) a licence under section 3 shall, unless revoked earlier, continue in force for a period of three years from the date on which it is granted:duration and renewal of licenceprovided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period\| \| \| \| \| \|\|------\|------\|------\|------\|-----\| chapter v offences and penalties25 (1) whoever—punishment for certain offences(a) manufactures, sells, transfers, converts, repairs, tests or proves, or exposesor offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or(b) shortens the barrel of a firearm or converts an imitation firearm into a firearm in contravention of section 6; or\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine(1a) whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to ten years and shall also be liable to fine(1aa) whoever manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer or has in his possession for sale, transfer, conversion, repair, test or proof, any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|(1b) whoever—\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and shall also be liable to fine:provided that the court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than one year 27 (1) punishment for using arms, etc(3) whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with death 44 (1) power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (f) the manner in which the maker's name, the manufacturer's number or other identification mark of a firearm shall be stamped or otherwise shown thereon; ———— a billfurther to amend the arms act, 1959————(shri amit shah, minister of home affairs)mgipmrnd—3839ls(s3)—28-11-2019 corrigenda to the arms (amendment) bill, 2019 [to be/as introduced in lok sabha]1 page 4, line 14,- for "negligent manner in celebratory" read "negligent manner or in celebratory" 2 page 5, line 23,- for "negligent manner in celebratory" read "negligent manner or in celebratory" 3 page 5, line 29,- for "to enhance the" read "to retain one fire arm and enhance the" new delhi; 29 november, 2019______ agrahayana 8, 1941 (saka) lok sabha ------ corrigenda to the arms (amendment) bill, 2019 [to be/as introduced in lok sabha]1 page 4, line 14,- for "negligent manner in celebratory" read "negligent manner or in celebratory" 2 page 5, line 23,- for "negligent manner in celebratory" read "negligent manner or in celebratory" 3 page 5, line 29,- for "to enhance the" read "to retain one fire arm and enhance the" new delhi; 29 november, 2019______ agrahayana 8, 1941 (saka)	Parliament_bills	3b862e8e-6943-5e59-8cea-2d2bee20830c
the appropriation (no5) bill, 1961(to be introduced in loic sabra) (to be introduced in lok sabka) a billto cl1i4horiae payment and clppropriation of certain further bwms trom and oat of the consolidated fund of imia for the service of the financla! year 1961-62 be it enacted by parliament in the twelfth year of the republic of india as follows:-1 this act may be called the appropriation (no5) act, ~961 short title z from and out of the consolidated fund of india there may issue of ri s be paid and appliied sums not exceeding those specified in column 3 io7430~ of the scaedule amounting in the aggregate to the su1n bf ten ~ns~fid~t:d crores, se~enty-four lakhs and thirty thollsand rupees towards fu;d ~ tbf defraying the several charges which will corne in course of payment ~~i¢~-6:' duritlg tke financial year l961-62, id respect of the services speeified ie in column· 2 of the schedule 3 the :sums authorised to be paid and applied fram and olllt of ~ppropriathe consolidated fund of india by this act shall be appropriated tion for the ervioes od purposes expressed in the schedule in relation to the said year i i , i no of vote sums not occedidc ---1 , c!jaraed on the i voted by parliament ~~ted' i total , 10 rs i ri rl e2 industries 1,000 1000 19 state of poddicherry 4,000 ,000 i9-a dadra and nagar haveli area :&128,000 2128000 zz customs 15000 35000 gnnts-in-aid to states 1,000 1,000 animalhusbandry 1,000 1,000 3<4 1 60 20 mieceuaneous departments and ezpenditure udder the mjn&try of home a1rain 1,000 1,000 90 25 ligbthou&e& and lightships 5400000 5400000 j32 capital outlay of the midiitry of steel miaaadd fuel 6,7500,000 6,7500,000 ,-, i 137 30 other capital outlay of the mini &try of tradlport and com-283,00,000 208859,000 municatiodb 559000 delhi capital outlay 3500,000 35,00000 138 total 103332000 40,",000 10,7 •• 30,000 statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of lndia, 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 govemment, excluding railways, for the financial year 1961-62 morarji desai 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 1961-62 the president hls, in pursu~nce of clauses (i) and (3) of article 117 of the constitution of india, read with article 115 thereof, recommended to lok slhh1 the introduction and consideration of the bill secretary (shri murarji desai minister of finance)	Parliament_bills	b478f8b0-24d2-523e-b760-e4e0b44ff940
bill no 347 of 2015 the appropriation (no 5) bill, 2015 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 2015-16be 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 5) act, 2015issue of rs 56256,32,00,000 out of the consolidated fund of india for the financial year 2015-16appropriationthe schedule(see sections 2 and 3)123sums not exceedingno of voteservices and purposesvotedchargedby parliamenton thetotalconsolidatedfund1department of agriculture and cooperation…………revenue4,00,000 4,00,000capital1,00,000 1,00,0003department of animal husbandry, dairying and fisheries…… revenue2,00,000 2,00,0004atomic energy……………………………………………revenue1,00,000 1,00,000capital2,00,000 2,00,0006ministry of ayurveda, yoga and naturopathy, unani siddha and homoeopathy (ayush) revenue1,00,000 1,00,0007department of chemicals and petrochemicals……capital24,61,00,000 24,61,00,0008department of fertilisers capital952,80,00,000 952,80,00,0009department of pharmaceuticals revenue1,00,000 1,00,000capital12,75,00,000 12,75,00,00010ministry of civil aviation revenue29,33,00,000 29,33,00,000capital29,63,00,000 29,63,00,00012department of commercerevenue1,00,000 1,00,000capital50,00,00,000 50,00,00,00013department of industrial policy and promotion capital3,07,00,000 3,07,00,00014department of posts revenue40,00,00,0001,80,00,00041,80,00,000capital11,26,00,00014,00,00011,40,00,00015department of telecommunications revenue344,03,00,000 344,03,00,00016department of electronics and informationtechnology revenue1,00,000 1,00,00017department of consumer affairs revenue53,00,00,000 53,00,00,00018department of food and public distribution revenue1,00,000 1,00,000capital10000,01,00,000 10000,01,00,00019ministry of corporate affairs revenue129,25,00,000 129,25,00,000capital17,00,00,000 17,00,00,00020ministry of culture… revenue3,00,000 3,00,00022defence pensions revenue5735,74,00,0002,26,00,0005738,00,00,00028capital outlay on defence services capital1,00,00043,15,00,00043,16,00,00029ministry of development of north eastern region revenue2,00,000 2,00,000capital60,00,00,000 60,00,00,00030ministry of drinking water and sanitation revenue5402,00,00,000 5402,00,00,00031ministry of earth sciences revenue3,00,000 3,00,000capital1,00,000 1,00,00032ministry of environment, forests and climatechange revenue120,02,00,000 120,02,00,000capital1,00,000 1,00,00033ministry of external affairs… revenue2,00,000 2,00,00034department of economic affairs revenue8,00,000 8,00,000capital485,02,00,000 485,02,00,00035department of financial services revenue3,00,000 3,00,000capital3,00,000 3,00,00037transfers to state and union territorygovernments revenue2989,00,00,000 2989,00,00,00043department of revenue revenue1,00,000 1,00,00047ministry of food processing industries revenue19,11,00,000 19,11,00,00048department of health and family welfare revenue450,03,00,000 450,03,00,000capital150,01,00,000 150,01,00,00049department of health research revenue3,00,000 3,00,00050department of aids control……………………… revenue267,50,00,000 267,50,00,00051department of heavy industry……………… revenue198,94,00,000 198,94,00,000capital1,00,000 1,00,000\| rs \| rs \| rs \|\|--------------------\|---------------------\|---------------\|\| 1 \| 2 \| 3 \|\|--------------------------------\|-------------------------------------------------------------\|-----------------\|\| sums not exceeding \| \| \|\| no \| \| \|\| of \| \| \|\| vote \| \| \|\| services and purposes \| voted \| charged \|\| by parliament \| on the \| total \|\| consolidated \| \| \|\| fund \| \| \|\| 53 \| ministry of home affairs revenue \| 195,36,00,000 \|\| 54 \| cabinet revenue \| 196,28,00,000 \|\| 55 \| police revenue \| 970,34,00,000 \|\| capital \| 2,00,000 \| \|\| 56 \| other expenditure of the ministry of home affairs revenue \| 1,00,000 \|\| 58 \| ministry of housing and urban poverty alleviation revenue \| 5,00,000 \|\| 59 \| department of school education and literacy revenue \| 2,00,000 \|\| 60 \| department of higher education revenue \| 3,00,000 \|\| 61 \| ministry of information and broadcasting revenue \| 1,00,000 \|\| 62 \| ministry of labour and employment revenue \| 1,00,000 \|\| capital \| 6,00,00,000 \| \|\| 63 \| election commission \| capital \|\| c \| \| \|\| harged \| \| \|\| — \| supreme court of india \| revenue \|\| 66 \| ministry of micro, small and medium enterprises revenue \| 2,00,000 \|\| 68 \| ministry of minority affairs revenue \| 1,00,000 \|\| 69 \| ministry of new and renewable energy revenue \| 1000,01,00,000 \|\| 73 \| ministry of personnel, public grievances \| \|\| and pensions revenue \| 7,61,00,000 \| \|\| 76 \| ministry of planning \| capital \|\| 77 \| ministry of power revenue \| 400,01,00,000 \|\| capital \| 320,22,00,000 \| \|\| c \| \| \|\| harged \| \| \|\| — \| staff, household and allowances \| \|\| of the president \| revenue \| \|\| 79 \| lok sabha revenue \| \|\| 83 \| ministry of road transport and highways revenue \| 1,00,000 \|\| capital \| 5528,56,00,000 \| \|\| 84 \| department of rural development revenue \| 11974,41,00,000 \|\| 86 \| department of science and technology revenue \| 2,00,000 \|\| 88 \| department of biotechnology revenue \| 1,00,000 \|\| 89 \| ministry of shipping revenue \| 40,25,00,000 \|\| capital \| 2,00,000 \| \|\| 91 \| ministry of social justice and empowerment revenue \| 1,00,000 \|\| 92 \| department of disability affairs revenue \| 1,00,000 \|\| 93 \| department of space revenue \| 2,00,000 \|\| capital \| 2,00,000 \| \|\| 94 \| ministry of statistics and programme \| \|\| implementation revenue \| 3,00,000 \| \|\| 96 \| ministry of textiles revenue \| 259,61,00,000 \|\| 97 \| ministry of tourism revenue \| 2,00,000 \|\| 98 \| ministry of tribal affairs revenue \| 1,00,000 \|\| 102 \| daman and diu revenue \| 1,00,000 \|\| capital \| 4,00,000 \| \|\| 104 \| department of urban development revenue \| 1200,00,00,000 \|\| capital \| 1,00,000 \| \|\| 105 \| public works revenue \| \|\| capital \| 1,00,000 \| \|\| 106 \| stationery and printing revenue \| 1,00,000 \|\| 107 \| ministry of water resources, river development \| \|\| and ganga rejuvenation revenue \| 2800,01,00,000 \| 1,95,00,000 \|\| 108 \| ministry of women and child development revenue \| \|\| 3548,02,00,000 \| \| 3548,02,00,000 \|\| 109 \| ministry of yourth affairs and sports revenue \| 1,00,000 \|\| t \| \| \|\| otal \| \| \|\| : \| 56060,72,00,000 \| 195,60,00,000 \|\| 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 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 2015-16arun jaitley———— president's recommendation under article 117 of the constitution of india————[copy of letter no f-4(21)-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 authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2015-16, recommends under article 117(1) and (3) of the constitution, the introduction of the appropriation (no 5) bill, 2015 in the 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 2015-16————(shri arun jaitley, minister of finance, corporate affairs and information & broadcasting)gmgipmrnd—3598ls(s3)—11122015	Parliament_bills	ec098926-49fe-5051-a7a3-4bdd30803ff6
thb constitution (eleventh amendment) bill, 19~j(as introduced in lok 8abha on 30th november 1961) 8m no "of i,,, the constitution (eleventh amendment) bill, 1961 (as introduced in lok sabha)a bill further to amettd the constitution of india be it enacted by parliament in the twelfth year of the republic of india as follows:-1 this act may be called the constitution (eleventh amend- short title ment) act, 1961 5 z in article 66 of the constitution, in clause (1), for the words amendment "members of both houses of parliament assembled at iq joint meet- of article 66 ing", the words "members of an electoral college consisting of the members of both houses of parliament" shall be substituted 3 in article 71 of the constitution, after clause (3), the following amendment 10 clause shall be inserted namely:-ofarticlc 71 " (4) the election of a person as president or vice-presi-- dent shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him" statement of objects and reasonsunder article 66 (1) of the constitution, the vice-president has to be elected by members of both houses of parliament assembled at a joint meeting the requirement that members of the two houses should assemble at a joint sitting for the election of the vice-ptesident seems to be totally unnecessary and may also cause practical difficulties it is, therefore, proposed to amend this article to provide that the vice-president will be elected by members of an electoral college consisting of members of both houses of parliament under article 54 of the constitution, the president is elected by an electoral college consisting of the elected members of both houses of parliament and of the legislative assemblies of the states every effort is made ta complete such elections before the date of the presidential election it is, however, possible that the elections to the two houses of parliament may not de completed before the president or the vice-president is elected it is, therefore, proposed to amend article 71 of the constitution so as to make it clear that the election of the president or the vice-president cannot be challenged on the ground of any vacancy for any reason in the appropriate electoral college 2 the bill seeks to achieve these objects the notes on clauses appended to the bill explain the provisions thereof a k sen new dblbi; the 24th novemberl 1961 clause 2-under article 66(1) of the constitution, the vice-president of india has to be elected by the members of both houses of parlhtment assembled at a joint meeting where there is only one duly nominated candidate, the necessity for a joint meeting is not apparent and section 8 of th~ presidentital and vice-presidential election act, 1952, states that in such '3 case the returning officer shall forthwith declare the candidate to be duly elected even where there is a contest, conformity with article 66 can only be more formal than real in that important proceedings relating to the election, like the receipt of nomin'3tions, scrutiny of nominations and withdrawal of candidature, take place before the members of the two houses of parliament assemble at a joint meeting, and only the polling and declaration of results take place at that meeting in practice also, there can be no meeting in the usual sense, but the electors will be coming in as and when they like, casting their votes and going away the requirement that members should assemble at a joint sitting seems to be totally unnecessary and is also likely to cause practical difficulties it may be noticed that erticle 54 contains no such requirement in the case of the presidential election this clause therefore seeks to omit the requirement as to joint meeting and incidentally brings the language of this clause into conformity with the language of article 54 clause a-in narayan bhaskar khare vb the election commission of india, 1957, scr 1081, a point was made that for a valid election of the president, all elections to the two houses of parliament should be completed before the date of the presidential election, as otherwise some members would have been denied the right to take part in the election but the supreme court expressed no opinion on the point as it was not necessary to do so it is possible that elections to the two houses may not always be completed before a president or a vice-president is elected in dr khare's case, when the notification for the election of the president was issued, elections in certain snow-bound areas in the north had not been completed there may be vacancies for other reasons also it is therefore desirable to make it clear that the election of a president or vice-president cannot be challenged on the ground that there are vacancies in the appropriate electoral college for whatever reasons election of vice-president extracts from 'me cons~on of india - - - - - 86 (1) the vice-president shall be elected by the members of both houses af parliament asaembled at a joint meeting 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 (2) the vice-president shall not be a member of either house of parliament or of a house of the legislature of any state, and jf a member of either house of parliament or of a house of the legislature of any state be elected vice-president, he shall be deemed to have vacated his seat in that house on the date on which he enters upon his office as vice-president (3) no person shall be eligible for election as vice-president unless he--(0) is a citizen of india; (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the council of states matters relating to or connected with the election of a pre8ident or vicc-president (4) a person shall not be eligible for election as vice-president if he holds any office of profit under the government of india or the government of any state or under any local or other authority subject to the control of any of the said governments expzoftotion-for the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the president or vice-president of the union or the governor of any state or is a minister either for the union or for any state - - - - - 7l (1) all doubts and disputes arising out of or in connection with the election of a president or vice-president shall be inquired into and decided by the supreme court whose decision shall be final (2) if the election of a person as president or vice-president is declared void by the supreme court, acts done by him in the exercise and performance of the powers and duties of the office of president or vice-president, as the case may be, on or before the date of the decision of the supreme court shall not be invalida~ by reason of that declaration (3) subject to the provisions of this constitution, parliament may by law regulate any matter relating to or colldected with the electicm of a president or vice-president - - - - 4 a bill further to amend the constitution of india (shn aloke k sm, minb, of lmo)	Parliament_bills	d5ee2cff-2e54-53b6-874d-48cb1fa8204a
bill no 67 of 2018 the compulsory teaching of environmental education in educational institutions bill, 2018 byshri rajendra agrawal, mpa billto provide for compulsory teaching of environmental education in all educational institutions and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—definitions2 in this act, unless the context otherwise requires,—(a) "advisory council" means the advisory council for environmental education constituted under section 6;5(b) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;10(c) "educational institution" means a primary or a middle or a secondary or a senior secondary level school imparting education to children, or any college, institute or university imparting higher education recognized by the government or established under an act of the central government or a state government, by whatever name such institution is called;(d) "environmental education" means education through which individuals gain awareness of their environment and acquire knowledge, skills and values to enable them to act individually as well as collectively to solve present and future environmental problems; and15(e) "prescribed" means prescribed by rules made under this actcompulsory teaching of environmental education3 from such date, as the central government may, by notification in the official gazette, specify, environmental education shall be taught as a compulsory subject in all educational institutions from such class onwards as may be determined by the central government on recommendation of the advisory council204 the appropriate government shall, immediately after issuance of the notification under section 3, issue directions for compulsory teaching of environmental education in all educational institutions within its jurisdictionappropriate government to issue directions for compulsory teaching of environmental education255 subject to such matters as may be prescribed, the appropriate government shall ensure appointment of such number of teachers with such qualifications, as may be specified, for teaching environmental education in educational institutionsappointment of teachers for imparting environmental education6 (1) the central government shall, within three months of the coming into force of this act, by notification in the official gazette, constitute an advisory council for environmental educationconstitution of advisory council for environmental education30(2) the advisory council shall consist of such number of persons, having special knowledge or practical experience in the field of environmental education, as the central government may deem fit7 the advisory council shall perform the following functions, namely:—functions of the advisory council(a) recommend to the central government the syllabus of environmentaleducation for each standard at the school and university level;35(b) recommend to the central government the class from which onwardsenvironmental education shall be taught in educational institutions;(c) recommend to the appropriate government the qualifications of teachers tobe appointed in educational institutions for teaching environmental education;40(d) recommend to the appropriate government the institutions which may be given recognition for training teachers in environmental education for the purpose of their appointment in educational institutions; and(e) co-ordinate with the appropriate government and the educational institution authorities with a view to ensuring effective implementation of the provisions of this act58 nothwithstanding anything contained in this act, the provisions of this act shall apply to minority institutions only if the management of such institutions convey to the appropriate government their willingness to include the teaching of environmental education text books in their school curriculumapplication of act on minority educational institutions in certain situation109 the appropriate government shall derecognize educational institutions, which does not comply with the provisions of section 4, after giving such institution a reasonable opportunity of being heardderecognition of educational institutions for noncompliance ofthe provisions of this act10 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments for carrying out the purposes of this actcentral government to provide fund1511 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceoverriding effect of the act power to make rules12 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act2025(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsone of the biggest worries grappling the world today is environmental degradationfast paced urbanization, industrialization and deforestation have led to enormous levels of environmental pollution and created wide imbalances in the ecologyeducation is an important instrument through which individuals could be imparted the awareness and consciousness to address the concerns surrounding our environment and to act individually as well as collectively to solve the present and future environmental issuesthe honourable supreme court of india in its directive of 1991 had made it compulsory for environment education to be included in the school and college curricula but it has been observed that the supreme court's directive has not been implemented effectively so farthe bill, therefore, seeks to make it mandatory for environmental education to be taught as a compulsory subject at all levels of educationhence this billnew delhi;rajendra agrawalfebruary 16, 2018 financial memorandumclause 5 of the bill provides for appointment of environment education teachers in all schools clause 6 provides for constitution of advisory council for environment education by the central government clause 10 provides for payment of adequate funds to the states for carrying out the purpose of the act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india at this stage, it is not possible to give exact estimate of expenditure, both recurring and non-recurring, which will be involved from the consolidated fund of india, if the bill is enacted into a law however, it is estimated that a recurring expenditure of about rupees one hundred crore will be involved per annum from the consolidated fund of indiaa non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purpose of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character—————— a billto provide for compulsory teaching of environmental education in all educational institutions and for matters connected therewith or incidental thereto————(shri rajendra agrawal, mp)mgipmrnd—4278ls(s-3)—28-02-2018	Parliament_bills	97b2dd3e-c1c9-5f69-b28a-dcff68984f00
bill no 30 of 2017 the constitution (amendment) bill, 2017 by shri om birla, mp a bill further to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2017short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of article 3482 in article 348 of the constitution, for clause (1), the following clause shall be substituted, namely:—"(1) notwithstanding anything in the foregoing provisions of this part, unless parliament by law otherwise provides—(a) all proceedings in the supreme court shall be in the hindi language; (b) all proceedings in a high court shall be in the hindi language and also inthat regional language which is used in the state where the principal seat of that high court is situated;(c) the authoritative texts—(i) of all bills to be introduced or amendments thereto to be moved in either house of parliament;5(ii) of all acts passed by parliament and of all ordinances promulgated by the president; and(iii) of all orders, rules, regulations and bye-laws issued under this constitution or under any law made by parliament, shall be both in the hindi and the english languages; and(d) the authoritative texts—10(i) of all bills to be introduced or amendments thereto to be moved in the house or either house of the legislature of a state;(ii) of all acts passed by the legislature of a state and of all ordinances promulgated by the governor of a state; and15(iii) of all orders, rules, regulations and bye-laws issued under any law made by the legislature of a state;shall be both in the hindi language and also in the regional language which is used in that state" statement of objects and reasonsafter independence, while framing the constitution, the founding fathers of the constitution had envisaged the continuation of english language in the courts of india till hindi language spreads adequately across the country as per article 348 of the constitution, all works in courts should be transacted in english language now the time has come for the one hundred and twenty-five crore citizens of india to deliver justice to them in their own language justice should be delivered in indian languages (languages specified in the eighth schedule to the constitution) in high courts as well even after sixty-nine years of independence, the usage of english language in courts still continues as per constitution, all laws and ordinances, etc are requirement to be codified in the english language only this phase of slavery to english language being witnessed in our courts and parliament should discontinue with the constitutional obligation neither the judges can pronounce their judgements in the hindi or in any other indian language nor can the lawyers argue in courts in indian languages they have to perform all their work in english language even if a judge wants to use any indian language for pronouncing judgement, the constitution does not permit it there is a restriction on use of indian languages in the high courts of india also it is a matter of concern for whole of the country the country can prosper only when its languages are not demeaned everyone has a right to get justice in his language and it should be done at the earliestthe bill, therefore, seeks to amend the article 348 of the constitution with a view to provide that—(i) all proceedings in the supreme court shall be in hindi; (ii) all proceedings in a high court shall be in the hindi language and also in that regional language which is used in the state where the principal seat of that high court is situated;(iii) the authoritative texts of all bills, introduced in and acts passed by houses of parliament shall be in both hindi and english languages; and(iv) the authoritative text of all bills introduced in and act passed by the legislature of a state shall be both in hindi language and also in the regional language which is used in that statehence, this billnew delhi;om birlajanuary 31, 2017 annexure extract from the constitution of india 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 courts 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 1[] of a state, and(iii) of all orders, rules, regulations and byelaws issued under this constitution or under any law made by parliament or the legislature of a state, shall be in the english language lok sabha———— a billfurther to amend the constitution of india————(shri om birla, mp)gmgipmrnd—4559ls(s3)—22-02-2017	Parliament_bills	f5bacc70-c097-5bf0-83e7-c8aba0d24405
bill no 24 of 2012 the appropriation (railways) vote on account bill, 2012 a billto provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 2012-13 for the purposes of railwaysbe it enacted by parliament in the sixty-third year of the republic of india as follows: —short title1 this act may be called the appropriation (railways) vote on account act, 2012withdrawal of rs 41833,61,30,000 from and out of the consolidated fund of india for the financial year 2012-13the schedule(see sections 2 and 3)no of vote12 3 sums not exceedingservices and purposesvotedchargedby parliamenton thetotalconsolidatedfund rs rs rs1railway board37,63,67,00037,63,67,0002miscellaneous expenditure (general) 127,38,17,00011,83,000127,50,00,0003general superintendence and services on railways885,42,81,000885,42,81,0004repairs and maintenance of permanent way and works1464,46,49,0005,50,0001464,51,99,0005repairs and maintenance of motive power 669,28,10,000669,28,10,0006repairs and maintenance of carriages and wagons1551,85,55,00033,0001551,85,88,0007repairs and maintenance of plant and equipment 843,70,59,000843,70,59,0008operating expenses - rolling stock and equipment1226,79,12,0001226,79,12,0009operating expenses - traffic4229,39,19,00050,0004229,39,69,00010operating expenses - fuel 3557,78,73,0002,29,0003557,81,02,00011staff welfare and amenities 723,78,03,000723,78,03,00012miscellaneous working expenses767,57,61,00026,95,53,000794,53,14,00013provident fund, pension and other retirement benefits3186,77,66,0009,70,0003186,87,36,00014appropriation to funds7261,16,67,0007261,16,67,00015dividend to general revenues, repayment of loanstaken from general revenues and amortisation of over-capitalisation 4,28,83,0004,28,83,00016assets—acquisition, construction and replacement—revenue……………9,98,33,0001,67,00010,00,00,000other expenditure capital……………… 10162,41,90,00014,83,33,00010177,25,23,000 railway funds……………… 4747,62,50,00083,33,0004748,45,83,000 railway safety fund…………… 333,06,67,00026,67,000333,33,34,000 total:41790,40,62,00043,20,68,00041833,61,30,000 statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 116 thereof, to provide for the appropriation from and out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund of india and the grants made in advance by the lok sabha in respect of the estimated expenditure of the central government on railways, for a part of the financial year 2012-13mukul roy———— president's recommendation under article 117 of the constitution of india————[copy of letter no 2012-b-400/2, dated 20 march, 2012 from shri mukul roy, minister of railways to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed appropriation bill providing for the withdrawal from and out of the consolidated fund of india of the moneys required to meet the expenditure charged on the fund and the grants made by the lok sabha for a part of the financial year 2012-13, recommends under clauses (1) and (3) of the article 117 of the constitution of india, the introduction in and consideration by lok sabha, of the appropriation bill———— a billto provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 2012-13 for the purposes of railways————	Parliament_bills	6300e0d2-fdf7-5f0c-8d48-a445d5eb4594
bill no 67 of 2012 the petrol pump workers (welfare) bill, 2012 byshri adhir ranjan chowdhury, mp a billto provide for certain welfare measures for petrol pump workers and for matters connected therewithbe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the petrol pump workers (welfare) act, 2012short title and extent (2) it extends to the whole of india2 in this act, unless the context otherwise requires,—definitions5(a) "fund" means petrol pump workers welfare fund established under section 3; (b) "petrol pump" means an outlet selling petrol, diesel, liquefied natural gas,liquid petroleum gas or compressed natural gas;(c) "prescribed" means prescribed by rules made under this act; and (d) "worker" means any person who is engaged in any activity connected with the operation of petrol pump53 (1) the central government shall establish a fund to be known as the petrol pump workers welfare fund for the welfare of petrol pump workers in the countryestablishment of petrolpump workers welfare fund(2) the central government and every state government/union territoryadministration shall contribute to the fund in such ratio as may be prescribed(3) the owners of petrol pumps shall also contribute to the fund in such proportion as may be prescribed by the central government104 the fund shall be administered by a committee consisting of :—(i) a chairperson who shall be appointed by the central government;administration of petrolpump workers welfare fund(ii) one representative each from the states and union territories to be nominated by the respective state governments and union territory administration;15(iii) one member representing the workers who shall be nominated in such manner as may be prescribed; and(iv) one member representing the owners of the petrol pump who shall be nominated in such manner as may be prescribed(v) the terms and conditions of the service of chairperson and other members of the committee shall be such as may be prescribed by the central government205 the fund shall be used for the following purposes, namely:—utilisation of the fund(i) providing free health facilities to the workers and their families; (ii) providing free educational facilities to the children of workers;\| ( \| iii \| ) payment of compensation to workers who are injured during the course of \|\|-----------------------------------------------------------------------------\|-------\|------------------------------------------------------------------------------\|\| their duty; \| \| \|\| 25 \| \| \|\| ( \| iv \| ) payment of compensation to the next of the kin of workers who die in \|\| harness; \| \| \|\| ( \| v \| ) payment of disability allowance to workers who are injured in accidents or \|\| contract ailments during the course of their duty and are not able to work; \| \| \|\| 30 \| \| \|\| ( \| vi \| ) payment of old age pension to those workers who have attained the age of \|\| sixty years; and \| \| \|(vii) payment of family pension to the next of kin including minor children of deceased workerpower to make rules6 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of the act35 40(2) every rule made under this section shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonslakhs of workers are engaged in the work related to distribution/supply of petrol, diesel, liquefied natural gas, liquid petroleum gas and compressed natural gas, etc throughout the country but they are not covered under any labour law they are not paid even minimum wages which they deserve by virtue of their work the condition of these workers is worse than the contract labourers in the circumstances, provision of certain facilities to these workers during their service as well as in their old age is highly desirablehence this billnew delhi;adhir ranjan chowdhuryapril 16, 2012 financial memorandumclause 3 of the bill provides for the setting up of a petrol pump workers welfare fund for the welfare of petrol pump workers in the country it further provides that the central government shall also contribute to the fund clause 4 provides for constitution of a committee for administration of the fund the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of rupees one hundred crore per annuma non-recurring expenditure of about rupees one hundred crore per annum is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying on the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for certain welfare measures for petrol pump workers and for matters connected therewith————(shri adhir ranjan chowdhury, mp)gmgipmrnd—1402ls(s3)—13072012	Parliament_bills	a5125bb7-be01-5dd4-9652-659bbad61b09
bill no 60 of 2013 the jharkhand appropriation bill, 2013 a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of jharkhand for the services of the financial year 2013-14be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 this act may be called the jharkhand appropriation act, 2013short titleissue of rs39548,90,06,000 out of the consolidated fund of the state of jharkhand for the financial year 2013-14 appropriationthe schedule(see sections 2 and 3)123sums not exceedingno of vote/ appro-services and purposesvotedchargedby parliamenton thetotalconsolidatedfundpriation1agriculture and sugarcane developmentdepartment revenue939,41,03,000939,41,03,000capital1,50,00,0001,50,00,0002animal husbandry department revenue159,44,96,000159,44,96,0003building construction department revenue86,01,66,00086,01,66,000capital146,00,00,000146,00,00,0004cabinet secretariat and coordinationdepartment revenue31,60,61,00031,60,61,0005secretariat of the governor revenue 6,44,95,0006,44,95,0006election revenue25,25,65,00025,25,65,0007vigilance revenue13,51,70,00013,51,70,0008civil aviation department revenue23,01,01,00023,01,01,0009co-operative department revenue82,94,45,00082,94,45,000capital16,50,00,00016,50,00,00010energy department revenue1753,64,91,0001753,64,91,000capital766,88,00,000766,88,00,00011excise and prohibition department revenue20,88,71,00020,88,71,000capital10,00,00,00010,00,00,00012finance department revenue41,95,69,00041,95,69,000capital25,40,00,00025,40,00,00013interest payment revenue 2474,63,72,0002474,63,72,00014repayment of loans capital 1809,02,00,0001809,02,00,00015pension revenue3061,26,00,0003061,26,00,00016national savings revenue2,62,79,0002,62,79,00017finance (commercial taxes) department revenue57,08,94,00057,08,94,00018food supply and consumer affairs department revenue994,33,04,000994,33,04,00019forest and environment department revenue307,75,97,000307,75,97,000capital60,00,00060,00,00020health, medical education and family welfaredepartment revenue1133,19,72,0001133,19,72,000capital291,80,28,000291,80,28,00021higher education department revenue662,97,85,000662,97,85,00022home department revenue2786,70,68,0002786,70,68,000capital99,54,50,00099,54,50,00023industry department revenue290,93,82,000290,93,82,000capital200,00,0002,00,00,00024information and public relation department revenue48,68,09,00048,68,09,00025institutional finance and programmeimplementation department revenue2,04,46,0002,04,46,00026labour, employment and training department revenue996,20,28,000996,20,28,00027law department revenue209,14,10,000209,14,10,00028high court of jharkhand revenue 46,18,20,00046,18,20,00029mines and geology department revenue2697,40,00026,97,40,00030minorities welfare department revenue1,73,99,0001,73,99,000capital175,45,00,000175,45,00,00031parliamentary affairs department revenue41,09,00041,09,00032legislature revenue46,44,85,00023,25,00046,68,10,00033personnel and administrative reformsdepartment revenue17,36,38,00017,36,38,00034jharkhand public service commission revenue 7,76,50,0007,76,50,00035planning and development department revenue642,46,41,000642,46,41,00036drinking water and sanitation department revenue214,85,91,000214,85,91,000capital360,00,00,000360,00,00,00037rajbhasha department revenue14,74,57,00014,74,57,00038registration department revenue19,77,20,00019,77,20,000\| rs \| rs \| rs \|\|--------\|---------------------\|---------------\|\| 1 \| 2 \| 3 \|\|--------------------------------\|----------------------------------------------------------\|----------------\|\| sums not exceeding \| \| \|\| no \| \| \|\| of \| \| \|\| vote/ \| \| \|\| appro- \| \| \|\| services and purposes \| voted \| charged \|\| by parliament \| on the \| total \|\| consolidated \| \| \|\| fund \| \| \|\| priation \| \| \|\| 39 \| disaster management department revenue \| 458,76,26,000 \|\| 40 \| revenue and land reforms department revenue \| 397,16,56,000 \|\| capital \| 1,43,63,000 \| \|\| 41 \| road construction department revenue \| 277,11,40,000 \|\| capital \| 1775,94,06,000 \| \|\| 42 \| rural development department revenue \| 756,60,37,000 \|\| capital \| 599,00,00,000 \| \|\| 43 \| science and technology department revenue \| 72,18,72,000 \|\| capital \| 170,15,00,000 \| \|\| 44 \| human resource development department revenue \| 37,63,33,000 \|\| 45 \| information technology department revenue \| 68,76,17,000 \|\| capital \| 32,46,00,000 \| \|\| 46 \| tourism department revenue \| 9,31,45,000 \|\| capital \| 18,25,00,000 \| \|\| 47 \| transport department revenue \| 117,78,31,000 \|\| capital \| 19,40,00,000 \| \|\| 48 \| urban development department revenue \| 1287,35,01,000 \|\| capital \| 22,21,72,000 \| \|\| 49 \| water resources department revenue \| 330,80,76,000 \|\| capital \| 1640,00,00,000 \| \|\| 50 \| minor irrigation department revenue \| 82,22,97,000 \|\| capital \| 298,60,00,000 \| \|\| 51 \| welfare department revenue \| 810,63,80,000 \|\| capital \| 152,72,00,000 \| \|\| 52 \| art culture, sports and youth affairs department revenue \| 78,59,07,000 \|\| capital \| 16,45,00,000 \| \|\| 53 \| fishery revenue \| 53,80,56,000 \|\| capital \| 7,00,00,000 \| \|\| 54 \| dairy revenue \| 117,40,48,000 \|\| 55 \| rural works department revenue \| 201,36,54,000 \|\| capital \| 488,40,00,000 \| \|\| 56 \| panchayati raj and nrep (special divisional) \| \|\| department revenue \| 1672,28,33,000 \| \|\| capital \| \| \|\| 2,75,00,000 \| \| 2,75,00,000 \|\| 57 \| housing department revenue \| 10,39,18,000 \|\| capital \| 6,00,00,000 \| \|\| 58 \| secondary education revenue \| 740,97,74,000 \|\| capital \| 42,35,00,000 \| \|\| 59 \| primary and public education revenue \| 4369,23,80,000 \|\| capital \| 8,00,00,000 \| \|\| 60 \| social welfare, women and child \| \|\| development department revenue \| 1233,96,52,000 \| \|\| capital \| 108,00,00,000 \| \|\| t \| \| \|\| o t a l \| \| \|\| : \| 35204,61,44,000 \| 4344,28,62,000 \|\| rs \| rs \| rs \| statement of objects and reasonsthis bill is introduced in pursuance of articles 204 (1) and 206 of the constitution of india, read with the proclamation issued under article 356 of the constitution in respect of the state of jharkhand on 18th january, 2013 to provide for the appropriation out of the consolidated fund of the state of jharkhand of the moneys required to meet the expenditure charged on the consolidated fund of the state of jharkhand and the grants made by the lok sabha for expenditure of the government of jharkhand for financial year 2013-14p chidambaram———— president's recommendation under article 207 of the constitution of india————[copy of letter no f 2(26)-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 jharkhand appropriation bill, 2013 to authorise payment and appropriation of certain sums from and out of the consolidated fund of the state jharkhand for the services of the financial year 2013-14, recommends under clauses (1) and (3) of article 207 of the constitution of india, read with clause (2) of article 206 thereof and the proclamation dated the 18th january, 2013 issued under article 356 of the constitution, the introduction of the jharkhand appropriation bill, 2013 in and the consideration of the bill by lok sabha————— a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of jharkhand for the services of the financial year 2013-14—————	Parliament_bills	cec510ff-3b00-5bb3-8b80-2d88da0cb4a4
bill no 40 of 1'00 the appropriation (railways) no2 bill, 1990 a billto authorise payment and ,, opriation of certejin ftutluw sumb /rarn and out of the consowdated fund of 1~ for the ,ervice, (if the fi,mftcial year 1989-90 for tm purposes of railw¥ be it enacted by parliament in the forty-first year of the republic of india as follows:-short title 1 this act may be called the appropriation (railways) no2 act, 1990 5 2 from and out of the consolidated fund of inc:tijl there may be paid and applied sums not exceedin, those specified in column 3 of the schedule amounting in the aggregate to the sum of four hundred and twelve crores forty-five lakhs and thirty-seven thousand rupees towards defraying the several c)larges which will come in course of 10 payment during the financial year 1989-90, in respect of the services relating to hanways specified in column 2 of the schedule \| issue \| of \|\|---------------\|--------\|\| rs \| \|\| 412,45,37000 \| \|\| out \| of \|\| the \| con- \|\| solidated \| \|\| fund \| \|\| of \| \|\| india \| \|\| tor \| \|\| the \| finan- \|\| cial \| \|\| year \| \|\| 198990 \| \|3 the sums authorised to be paid and applied from and out of the appropria consolidated fund of india by this act shall be appropriated for the tion services and purposes expressed in the schedule in relation to the said ]s year -sums not exceeding services and plll'jxs no of vote total voted by parliament chargc:don the consolidated fund - rs rs rs 32,02,000 32,02,000 10 1 i railway board 6,20,20,000 3 general superintendence and servi~ on railways 2,72,13,000 : 746,000 i 15 4 repairs and maintenance of permanent way and works \, ~ i repairs ~ ~nce of carriages \\1 j tillliil w •• ~\ 2,83,42,000 i i 7 : ,~,32,66,ooo ·~fqpoo j 15,39,26,000 ~,- ,_" '~"jllio~ repairs and maintenlldcc of plant and ~pmeat·· - ";' ;!' 9 operaq expedi08-traffic 6,20,20,000 i i 2,64,67,000 i i , 2,83,42,000 i ! i i : ·5,~~ooo , i 15,31,77,000 i 10 operatiq expoasca-fucl 32,83,04,000 20 ;32,83,04,000 i 5,84,~,ooo 11 statl' welfare and amenities 5,90,05,000 19;j9,()9,ooo 13;''9~cji),oio '1' d_ '1049,000 i i i i 5t49,l)oo i i i-i i 12·- -miiddua~ workijw8qlcatca if provident ttand; pension &tid other rotiremcnt iiodciftta ; , • -81,87,11,000' 88,97/'4,000 --lo,l'ltf1()o j 28,0000,000 2s 14 appropriation to fudds ~'~'oo'ooo ' :d i'",', ' i 'j,' u dividend to oeuoral lleveaucs, repayment or loallll taken 'rom gedci'al reyelluc!! and amortization of over-- ,! ' -camalizadqn ; ,' i " loc5;29,(100 lo,45,29,000 • 30 16 assets-acqiaitjod, construction and repjacoment- 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 ()f the central government on railways for the financial year 1989-90 george fernandes president's recommendation under article 117 of the constitution of india[copy of letter no 9o-b-402, dated the 15th march, 1990 from shri george fernandes, minister of railways, to the secretary-gen~ral, lok sabha] " 'i'he 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 1989-90 for the purposes of railways, recommends under clause (1) and (3) of article 117 of the constitution of india read with clause (2) of article 115 thereof, the introduction in and consideration by lok sabha of the appropriation bill a billto authorise payment and appropriation of certain further sums from ani out of the consolidated fund of india for the services of the ftnancial year 1989-90 for the purposes of railways	Parliament_bills	7c64786e-3947-555e-98ab-924fc82c287f
bill no 254 of 2017 the maintenance and welfare of parents and senior citizens (amendment) bill, 2017 by ms sushmita dev, mp a billto amend the maintenance and welfare of parents and senior citizens act, 2007be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—2 after chapter ii of the maintenance and welfare of parents and senior citizens act, 2007, the following chapters shall be inserted, namely:—insertion of new chapters iia and iib56 of 2007 "chapter iia rights of senior citizens5"18a the national commission for senior citizens constituted under section 18bshall endeavor to protect and enforce the following rights of the senior citizen:—(a) right to life with dignity and non-discrimination: no senior citizen shall be denied the right to equality guaranteed by article 15 of the constitution and be discriminated against on the ground of his age creating any social or economic disability;10(b) right to legal aid: every senior citizen shall have access to an empanelment of lawyers for the exclusive purpose of providing free legal aid to senior citizens including taking up of court cases and providing any legal opinion;15(c) right to individual autonomy: every senior citizen as per the constitutional mandate of the right to a dignified life shall have his privacy and individual autonomy protected; and20(d) right to healthcare: every senior citizen as a part of their right to life guaranteed by article 21 of the constitution shall be provided access to life saving medicines, healthcare clinic in each district, health insurance policy and institutions for ageing to promote geriatric healthcare for senior citizens with a special focus on dementia and alzheimer's disease chapter iib the national commission for senior citizens18b (1) the central government shall, by notification in the official gazette, constitute a national commission for senior citizens to exercise the powers conferred on, and to perform the functions assigned to it under this act25constitution of the national commission for senior citizens(2) the commission shall consist of—(a) a chairperson, committed to the cause of senior citizens, to be nominated by the central government;30(b) five members to be nominated by the central government from amongst persons of ability, integrity and standing who have had experience in law or legislation, geriatric medicine, psychology, urban design specialists, sociology, management of an industry or organization committed to increasing the employment potential of senior citizens, senior citizens voluntary organizations, administration, economic development, health, education or social welfare:provided that at least two members of the commission shall be senior citizens35(c) a member-secretary to be nominated by the central government, who shall be—(i) an expert in the field of management, organizational structure, sociological movement or geriatric medicine specialist; or40(ii) an officer who is a member of a civil service of the union or of an all-india service or holds a civil post under the union with appropriate experience18c (1) the chairperson and every member shall hold office for such period, not exceeding three years, as may be specified by the central government in this behalfterm of office and conditions of service of chairperson and members45(2) the chairperson or a member (other than the member-secretary who is a member of a civil service of the union or of an all-india service or holds a civil post under the union) may, by writing and addressed to the central government, resign from the office of chairperson or, as the case may be, of the member at any time(3) the central government shall remove a person from the office of chairperson or a member referred to in sub-section (2) if that person—(a) becomes an undischarged insolvent; (b) gets convicted and sentenced to imprisonment for an offence which in the opinion of the central government involves moral turpitude;5(c) becomes of unsound mind and stands so declared by a competent court;(d) refuses to act or becomes incapable of acting; (e) without obtaining leave of absence from the commission, absent from three consecutive meetings of the commission; or10(f) in the opinion of the central government has so abused the position of chairperson or member as to render that person's continuance in office detrimental to the public interest:provided that no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter15(4) a vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination(5) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and members shall be such as may be prescribed2018d (1) the central government shall provide the commission with such officers and employees as may be necessary for the efficient performance of it functions under this actofficers and other employees of the commission(2) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the commission shall be such as may be prescribed25\| salaries \|\|----------------\|\| allowances to \|\| be paid out of \|\| grants \|18e the salaries and allowances payable to the chairperson and members and the administrative expenses, including salaries, allowances and persons payable to the officers and other employees referred to in section 18c, shall be paid out of the grants referred to in sub-section (1) of section 18j3018f no act or proceeding of the commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the commissionvacancies, etc, not to invalidate proceedings of the commissioncommittees of the commission18g (1) the commission may, for efficient discharge of its functions, appoint such committees as may be necessary for dealing with such special issues as may be taken up by the commission, from time to time35(2) the commission shall have the power to co-opt as members of any committeeappointed under sub-section (1) such member of persons, who are not members of the commission, as it may think fit and the persons so co-opted shall have the right to attend the meetings of the committee and take part in its proceedings but shall not have the right to vote40(3) the salary and allowances payable to member appointed to the committees shallbe such as may be prescribed18h (1) the commission or a committee thereof shall meet as and when necessary and shall meet at such time and place as the chairperson may think fitprocedure to be regualted by the commission(2) the commission shall regulate its own procedure and the procedure of the committees thereof45(3) all orders and decisions of the commission shall be authenticated by the member-secretary or any other officer of the commission duly authorized by the member-secretary in this behalf18i (1) the commission shall perform all or any of the following functions, namely:—functions of the commission5(a) investigate and examine all matters relating to the safeguards provided forsenior citizens under the law except on issues of maintenance and welfare as provided under this act;(b) present to the central government, annually and at such other times as thecommission may deem fit, reports upon the working of those safeguards;10(c) make in such reports recommendations for the effective implementation ofthose safeguards for improving the conditions of senior citizens by the union or any state;15(d) a universal and non-contributory old age pension to be established with aminimum amount of monthly pension for senior citizens as to be prescribed by the central government:provided that no senior citizen shall be forced to compulsorily retire from workon attaining the eligibility for universal old age pension;(e) recommend to the central government post retirement opportunities throughwhich senior citizens can generate income;(f) look into complaints and take suo-moto notice of matters relating to—20(i) deprivation of rights of senior citizens; (ii) non-compliance of policy decisions, guidelines or instructions aimedat mitigating hardships and ensuring welfare and providing relief to senior citizens and take up the issues arising out of such matters with appropriate authorities;25(iii) income or assets having been taken away against senior citizen's willthrough coercive means;(iv) abandonment of senior citizen without any visible form of support; (v) vulnerability of senior citizen to any form of violence or sexual abuse;(vi) cases of senior citizen living on the street or resorting to begging;30(vii) addition of senior citizen to any substance detrimental to personalhealth; (g) call for special studies or investigations into specific problems or situationsarising out of discrimination against senior citizens and identify the constraints so as to recommend strategies for their removal;35(h) evaluate the progress of the welfare and development of senior citizensunder the union and any state;(i) fund litigation involving issues affecting a large body of senior citizens; (j) make periodical reports to the parliament on any matter pertaining to seniorcitizens and in particular various socio-economic activities; and(k) any other matter which may be referred to it by the central government40(2) the central government shall cause all the reports referred to in clause (b) of subsection (1) to be laid before each house of parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the union and the reasons for the non-acceptance, if any, of any of such recommendations5(3) where any such report or any part thereof relates to any matter with which any state government is concerned, the commission shall forward a copy of such report or part to such state government who shall cause it to be laid before the legislature of the state along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the state and the reasons for the non-acceptance, if any, of any of such recommendations(4) the commision shall, while investigating any matter referred to in clause (a) or sub-clause (i) of clause (f) of sub-section (1), have all the powers of a civil court trying a suit and, in particular, in respect of the following matters, namely:—10(a) summoning and enforcing the attendance of any person from any part ofindia and examining him on oath;(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 and documents; and15(f) any other matter which may be prescribedgrants by the central government18j (1) the central government shall, after due appropriation made by parliament by law in this behalf, pay to the commission by way of grants such sums of money as the central government may think fit for being utilised for the purposes of this act20(2) the commission may spend such sums as it thinks fit for performing the functionsunder this act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1)accounts and audit2518k (1) the commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and audito-general of india(2) the accounts of the commission shall be audited by the comptroller and auditor-general at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the commission to the comptroller and auditor-general3035(3) the comptroller and auditor-general and any person appointed by him in connectionwith the audit of the accounts of the commission under this act shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditor-general generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the commission(4) the accounts of the commission, as certified by the comptroller and auditor-general or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the central government by the commission40annual report18l the commission shall prepare, in such form and at such time, for each financialyear, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the central government45annual report and audit report to be laid before parliament18m the central government shall cause the annual report together with a memorandumof action taken on the recommendations contained therein, in so far as they relate to the central government, and the reasons for the non-acceptance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are received, before each house of parliament18n the central government shall, after the appropriation made by parliament by law in this behalf, constitute a fund from which capitals may be released to the state governments for executing the provisions of the act to—central government to constitute fund5(a) fulfil the mandate of providing free and subsidised life saving medicines for senior citizens;(b) provide financial security for widows by allocating funds for their socioeconomic welfare;(c) provide loans for purchase of houses and repair with repayment schedules with minimal interest10 18-o the central government shall make a periodic review and monitor the progress of the implementation of the progress of the act by the state governmentspower of central government to review18p the chairperson, the members, officers and other employees of the commission shall be deemed to be public servants within the meaning of section 21 of the indian penal code, 1860 (45 of 1860)chairperson, members and staff of the commission to be public servants1518q the central government shall consult the commission on all major policy matters affecting womencentral government to consult commissionpower to make rules18r (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of chapter iib20(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) salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and members under sub-section (5) of section 18b and of officers and other employees under sub-section (2) of section 18c;25(b) allowances for attending the meetings of the committee by the co-opted persons under sub-section (3) of section 18f;(c) other matters under clause (f) of sub-section (4) of section 18h; (d) the form in which the annual statement of accounts shall be maintained under sub-section (1) of section 18j;30(e) the form in, and the time at, which the annual report shall be prepared under section 18k; and(f) any other matter which is required to be, or may be, prescribed35(3) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session 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 reasonsthe madrid plan of action and the united nations principles for senior citizens adopted by the united nations general assembly in 2002, the proclamation on ageing and the global targets on ageing for the year 2001 adopted by the general assembly in 1992, the shanghai plan of action 2002 and the macau outcome document 2007 adopted by united nations economic and social commission for asia and the pacific (unescap) form the basis for the global policy guidelines to encourage governments to design and implement their own policies, from time to time to which india is a signatorypursuant to the above international efforts, the maintenance and welfare of parents and senior citizens act, 2007 was enacted which provides for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognised under the constitution despite of india's global commitments and given the increasing number of senior citizens it is estimated that india will have over 240 million senior citizens by the year 2050 who will face challenges and needs that are different from those faced by previous generations, the reasons being decline of the joint family, increased life spans and productivity, etc the need is to raise their concerns and to help create a more inclusive society that supports and benefits from our senior citizens it is also required to deal effectively with the plight of senior citizens and fulfil the constitutional mandate of improving the quality of life of senior citizens without any discrimination and to protect and safeguard their right to dignity, equality and securitythe bill, therefore, seeks to amend the maintenance and welfare of parents and senior citizens act, 2007 with a view to constitute a national commission for senior citizens would help in protecting the social and economic interests of our senior citizens it also seeks to work towards the right to equal participation, equal recognition of law while promoting the right to medical attention, right to affordable housing communities, right to social justice and protection as well as to facilitate affordable and accessible serviceshence this billnew delhi;sushmita devnovember 27, 2017 financial memorandumclause 2 of the bill seeks to provide for the constitution of the national commission for senior citizens it further provides for appointment of committees by the commission and constitution a separate fund by the central government to carry out the provision of this bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees fifty crore from the consolidated fund of indiaa non-recurring expenditure of about rupees fifteen crore is also likely to be involved memorandum regarding delegated legislationclause 2 of the bill vide proposed section 18r empowers the central government to make, by notification in the official gazette, rules for carrying out the provisions of this actas the matters in respect of which rules may be made under the aforesaid provisions are matters of procedure and administrative detail only, the delegation of legislative power is, therefore, of a normal character———— a billto amend the maintenance and welfare of parents and senior citizens act, 2007————(ms sushmita dev, mp)	Parliament_bills	fad711c1-379e-519f-86f9-63be89770044
bill no 96 of \176 the pondicherry appropriation (no4) bill, 1976 billto authorise payment and appropriation qj certain further bufi18 from and o1it of the consolidated fund ~ the union territory of pondic'heftry for the servrices of the :fl1l4ncial year 1976-77 be it enacted by parliament in the twertty-seventh year of the republic of india as follows:-1 this act may be called the pondicherry appropriation (no4) act, short 1976 " ; ~,: it title 5 2 from and out of the consolidated fund of the union territory of pondicherry 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 fourteen thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1976-77, 10 in respect of the services specified in column, 2 of the schedule laue of rs14,000 from and out of the con-8olidatedfunci of the union territory·or poncu-cher1'1 for tile flnandal year 1976-77 s the sums authorised to be p~id and appli~ from and out of the appro-consolidated fund of the union temtory of pondlcherry ~ this act shall priation be appropriated for the services and purposes expressed in the schedul~ ip relation to the said rem', s services and purposes -2 3 ___ -_- ------·-----1---·---sums not exceeding no of vote 19 voted by parliament \ -------------- -charged on the consoli-total dated fund ----ri ri 1,000 i,oeo revenue 18 education revenue 22 social welfare 13,000 13,000 --is total rs · · -· 14,tjoo 14,ego ---- - ------------ ------------------------------------------ statement of objects and reasonsthis bill is introduced in pursuance of sub-section (1) of section 29 of the government of union territories act, 1963, read with section 30 thereof, and the presidential order dated 28th march, 1974, issued in exercise of the powers conferred by ·section 51 of the said act, to provide for the appropriation out of the consolidated fund of the union territory of pondicherry of the moneys required to meet the supplementary expenditure charged on the consolidated fund of the union territory of pondicherry for -axpenditure of the union territory of pondicherry for the financial year 1976-77 sushila rohatgi president's recommendation under section 23 of the government of union territories act, 1863[extract from letter no f5 (69) -b (8) /76, dated the 25th october, 1976 from shrimati sushila rohatgi, deputy minister in the ministry of finance to the secretary-general, lok sabha] the president, having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of the union territory of pondicherry for the services of the financial year ending on the 31st day of march, 1877, recommends, under sub-sections (1) and (3) of section 23 of the government of union territories act, 1963, read with section 30 (2) thereof and the orders issued under section 51 of the act, the introduction of the pondicherry appropriation (no4) bill, 1976 in lok sabha and also the consideration of the bill bill to authorise payment and appropriation of certain fw-ther sums from and out of the consolidated fund of the union territory of pondicherry for the services of the financial year 1976-77 (shrimati swhila rohatgi, deputy minister in the ministmj of finance)	Parliament_bills	e963f31e-cc27-5af0-9ead-8d3ec50ce104
the scheduled castes and scheduled tribes sub plans (budgetary allocation and special schemes) bill, 2015 a billto ensure speedy removal of social and economic disparity through targeted expenditure on special schemes for the welfare and development of the members of the scheduled castes and scheduled tribes communities and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the scheduled castes and scheduled tribes sub plans(budgetary allocation and special schemes) act, 2015short title, and commencement(2) it extends to the whole of india5(3) it shall come into force on such date as the central government may, be notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "prescribed" means prescribed by rules made under this act;10(a) "scheduled castes sub plan" means the process of funds allocation,identification and preparation of exclusive schemes, the expenditure on such schemes and the analysis of its final outcome for scheduled castes;(c) "special schemes" means such schemes which focus on individual beneficiaryschemes, family oriented cum income generating schemes for development of scheduled castes and scheduled tribes communities and scheduled castes and scheduled tribesfamilies, and for improving the physical and social infrastructure of localities, community infrastructure like special schools, for girls and boys, coaching centers, working women hostel, special libraries, health, employment, etc5(d) "tribal sub plan" means the process of funds allocation, identification and preparation of exclusive schemes, the expenditure on such schemes and the analysis of its final outcome for the tribal sub plan for the scheduled tribes; 3 (1) the central government and the state governments shall make separate plan for budgetary allocation for the welfare and development of the members of the scheduled castes and the scheduled tribes communities in proportion to their population at the national and state levels10budgetary allocation for scheduled castes and scheduled tribes(2) the funds so earmarked under sub-section (1), shall be spent only on special schemes exclusively for the benefit of scheduled castes and scheduled tribes in such manner, as may be prescribed15(3) funds allocated under scheduled castes sub plan and tribal sub plan shall not be diverted or lapse(4) the ministry of social justice and empowerment, government of india shall be the nodal ministry for scheduled castes sub plan and the ministry of tribal affairs shall be the nodal ministry for tribal sub plan20(5) the ministry of social justice and empowerment and the ministry of tribal affairs shall present a separate annual budget and performance budget for scheduled castes sub plan and tribal sub plan, as the case may be(6) the department of social welfare or the department looking after the welfare of scheduled castes and scheduled tribes shall work as nodal department in each statepenalties254 whoever contravenes any provisions contained in sub-sections (1), (2) and (3) ofsection 3 shall be guilty of wilful and deliberate act of dereliction of duty and shall be punishable under section 4 of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 after fixing the individual responsibility33 of 1989act to have overriding effect5 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 such law30power to remove difficulties6 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 contained in this act, as may appear to them to be necessary or expedient for the removal of the difficulty35power to make rules7 (1) the central government may, be notification in the official gazette, make rulesfor carrying out the provisions of this act40(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule 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 legislative efforts undertaken to close the development gap between dalits and adivasis and others date back to 1950, when the indian constitution provided opportunities for scheduled castes and scheduled tribes in the areas of education, employment in public services and electoral seats through the policy of reservation this important measure was the first of a series of legislations enacted in favour of scs and sts, the last of which is the bill on reservation in promotions for scs though passed by rajya sabha but pending in the lok sabha from economic point of view, the most important policies approved so far are the tribal sub plan (tsp) and the special component plan (scp), now called scheduled caste sub plan (scsp), executive budget policies, according to which funds and resources are to be reserved across central ministries and departments in the state governments in proportion to the sc/st population at the national and state level, as per the current census data at each respective levelhowever, close scrutiny of the current situation reveals that these two policies have not been implemented effectively the money earmarked under these policies is diverted for general scheme and does not go for funding of the schemes exclusively for the benefit of the scheduled castes and scheduled tribes it is not surprising that dalits and adivasis still remain far away from mainstrem development in the country the literacy gap is still quite high and the droupout rate is still high national mortality, infant mortality, child mortality and under five mortality is higher among scs and sts than among other social groups scs and sts are still less equipped with the basic requirements for human survival like water and power supply facilities, latrines, sewerage, houses, etc and poverty is still very rampant among themthough, small improvement in the conditions of scs and sts has taken place over a period of time, the progress of thirty years of the initiation of the scsp/tsp, cleraly indicate that legislators need to reckon with this sorry state of affairs and must feel obligated to take drastic steps to remedy the situation in fact, only by making compulsory the appropriate allocation, timely and focused distribution and effective management of the funds for scs/ sts can bring positive and substantial changes hence, there is a need to introduce a new piece of legislation with the objective of achieving the holistic and speedy economic development of these communities in order to ensure speedy economic development of the member of sc&st, it is proposed to invoke section 4 the scheduled castes and the scheduled tribes act, 1989 against the willful defaultershence this billpl punia financial memorandumclause 3 of the bill envisages a separate budgetary allocation by the central government and the state government for the welfare and development of the members belonging to the scheduled castes and scheduled tribes communities hence, the bill, if enacted, will involve expenditure from the consolidated fund of india at this stage, it is not possible to quantify the exact amount a non-recurring expenditure 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 this bill as the rules will relate to matters of details only, the delegation of legislative powers is of a normal character rajya sabha———— a billto ensure speedy removal of social and economic disparity through targeted expenditureon special schemes for the welfare and development of the members of the scheduledcastes and scheduled tribes communities and for matters connected therewith orincidental thereto————	Parliament_bills	70395f34-e192-5f1b-a35f-7a765ca318b1
bill no 44 of 2007 the cashew development board bill, 2007 by shri ck chandrappan, mp abillto provide for the setting up of a board for the development and promotion of cashew cultivation, cashew nut processing, marketing and research to improve its production and productivity and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the cashew development board act, 2007(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, bynotification in the official gazette, appointdefinitions 2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in case of a state, the government of that state and in all other cases, the central government;(b) "board" means the cashew development board constituted under section 3;(c) "cashew" means and includes both raw and processed cashew; and (d) "prescribed" means prescribed by rules made under this act3 (1) not later than three months from the commencement of this act, the central government shall establish a board to be known as the cashew development boardcashew development board5(2) the board shall consist of:—(a) a chairman to be nominated by the central government having outstanding calibre and eminence in the field of cashew cultivation, research or marketing;10(b) two members of parliament of whom one shall be from lok sabha and one from rajya sabha, to be nominated by the presiding officers of the respective houses;(c) two members to be appointed by the central government one each to represent the legislative assemblies of kerala and tamil nadu;15(d) two members to be appointed by the central government by rotation in the alphabetical order to represent the state legislatures of karnataka, goa, andhra pradesh, orissa and maharashtra:20provided that every appointment under sub-clauses (c) and (d) shall be made on the recommendation of the presiding officers of the respective state legislative assemblies(e) three representatives, representing the union ministries of commerce and industry, agriculture, and finance, respectively, who shall be nominated by the central government;25(f) two members to be appointed by the central government one each to represent the governments of the states of kerala and tamil nadu;(g) one member to be appointed by the central government by rotation in the alphabetical order to represent the states of karnataka, andhra pradesh, goa, maharashtra and orissa:30provided that every appointment under sub-clauses (f) and (g) shall be made on the recommendation of the state governments(h) two members representing the cashew farmers;(i) two members representing the workers of cashew processing industry;(j) two members representing the cashew processing industry;35(k) one member representing the food processing industry; (l) one member representing the indian made foreign liquor industry; and(m) the secretary to the union ministry of commerce and industy, who shall be the member-secretary to the board, ex-officio(3) the board shall have a term of office of three years40(4) the salaries and allowances payable to and other conditions of service of the chairman and other members of the board shall be such as may be prescribed(5) the board shall have its office at kollam in the state of kerala (6) the central government shall provide such number of officers and staff to the board as is required for its efficient functioning(7) the salaries and allowances payable to and other conditions of service of the officers and staff of the board shall be such as may be prescribed4 the board shall perform the following functions:—functions of the board5(i) make recommendations to the central government regarding formulationof a comprehensive policy regarding cashew cultivation, processing, marketing, value addition of cashew products, research and development aimed, inter alia, at discovering new uses of cashew products;(ii) formulate welfare measures for cashew cultivators and workers incashew industry and advise the appropriate government accordingly;10(iii) study the problems in cashew cultivation, processing, marketingincluding issues in product diversification, value addition, research and development of cashew;(iv) identify new cashew markets overseas and send business delegationsto study those markets;15(v) set up training and research institutes for imparting expertise in cashewcultivation, value addition and product diversification; and(vi) recommend measures to expand cashew cultivation in new areas in order to attain self-sufficiency in cashew nuts20grants by the central government5 the central government shall, after due appropriation made by parliament by law in this behalf, pay to the board by way of grants such sums of money as the central government may think fit for being utilised for the purposes of this act;6 there shall be formed a fund to be called the cashew development fund and there shall be credited thereto—cashew development fund(a) any grant by the central government for the purposes of this act;25(b) any grant or donation from state governments, voluntary organisationsor other institutions:provided that no such grant, loan or donation shall be credited to the fund except with the prior approval of the central governmentaccounts and audit307 (1) the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india(2) the accounts of the board 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 board to the comptroller and auditor-general35 40(3) the comptroller and auditor-general of india or any person appointed by him in connection with the audit of the accounts of the board shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor- general generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board45(4) the accounts of the board as certified by the comptroller and auditor-generalof india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliamentboard to submit an annual report8 the board shall submit an annual report on its functioning to the president of india who shall cause it to be laid in each house of parliament not later than a period of thirty days from the date of its submission to the president9 the central government may, by notification in the official gazette, make rules for carrying out the purposes of the actpower to make rules5 statement of objects and reasonsindia is the largest producer of cashew nuts, biggest consumer and also the largest exporter of processed cashew nuts it provides livelihood to lakhs of farmers, provides employment to lakhs of workers in the cashew based industries and it is one of the most important export earners for the countryhowever, cashew cultivators are mainly the small farmers and the cultivation is done in a very unorganised and unscientific manner the farming practices and post harvest technology are all very traditional and backward there is hardly any research done in any aspect of cultivation, processing, marketing and product diversification or the value addition all these factors lead to the fact that productivity of cashew in the country is very lowbut the possibilities in this field are unlimited there is a huge possibility of expanding the cultivation of cashew nut and increasing the production and productivity of cashew nuts as well as in the field of value addition and also new uses of cashew products there is also a big possibility of manufacturing high quality liquor from cashew kernels, which at present goes as waste though there is scope for quality improvement, the ''fenni'', being made in goa from cashew kernels, is an example cashew nuts can also be used for making drugs cashew trees may prove very useful for the timber industry, the pulp industry, etcthe formation of the cashew development board is primarily meant for improving the techniques of cashew farming and giving boost to cashew processing industry, manufacturing industry based on cashew, product diversification, promotion of research and value addition along with market promotion and research and developmentif all these are done with a measure of success, it would bring prosperity to this sector in agriculture and a new industry will be developed with tremendous potential and possibilitythe bill seeks to achieve these objectivesnew delhi;ck chandrappanmarch 13, 2007 financial memorandumclause 3 of the bill provides for the constitution of a cashew development boardclause 4 provides that the board shall perform certain functions for the welfare of cashew farmers and workers of cashew based industries clause 5 provides that the central government shall provide money, after due appropriation made by parliament by law in this behalf, to the board by way of grants clause 6 provides for the setting up of cashew development fund clause 7 provides that the board shall maintain proper accounts and relevant records and bear the expenditure for auditing of the accounts clause 8 provides that the board shall submit an annual report to the president the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees ten crore will be involvedno non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 9 empowers the central government to make rules for carrying out the purposes of the bill since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the setting up of a board for the development and promotion ofcashew cultivation, cashew nut processing, marketing and research toimprove its production and productivity and for matters connectedtherewith or incidental thereto————(shri ck chandrappan, mp)mgipmrnd—1259ls(s5)—23-03-2007	Parliament_bills	12fee6e9-2974-5ad5-be53-866acfac750a
bill no xxiv of 2002 the slums and jhuggi-jhopri areas (basic amenities and clearance) bill, 2002 a billto provide for the basic minimum amenities of water, electricity, sanitation and health facilities in slums and jhuggi-jhopri clusters and for the clearance of such areas in larger public interest and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-third year of the republic of india as follows:—1 (1) this act may be called the slums and jhuggi-jhopri areas (basic amenities and clearance) act, 2002short title, extent and commencement(2) it extends to the union territories and metropolitan cities only(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint and different dates may be appointed for different union territories and metropolitan citiesdefinitions2 in this act unless the context otherwise requires,—10(a) " appropriate government" means in the case of a metropolitan city fallingwithin the jurisdiction of a state, the government of that state and in other cases the central government;(b) "building" includes any structure or erection or any part of a building but does not include a plant or machinery comprised in a building;(c) "competent authority" means such officer or authority as the appropriategovernment may, by notification in the official gazette, appoint as the competentauthority for the purposes of this act;5(d) "jhuggi-jhopri" means small roughly built house or shelter usually made ofmud, wood or metal having thatch or tin sheet roof covering;(e) "prescribed" means prescribed by rules made under this act; (f) "slum" means an area consisting of badly built, overcrowded houses, buildingsor jhuggi-jhopri cluster;10(g) "slum clearance" means the clearance of any slum area by demolition andremoval of buildings therefrom;(h) "works of improvement" includes in relation to a slum area the execution offollowing works, namely:—(i) necessary repairs of lanes, roads, etc;15(ii) provision of light point, water taps and bathing places; (iii) construction of drains, open or covered; (iv) provisions of latrines, inlcuding conversion of dry latrines into waterborne latrines; and(v) removal of rubbish203 the competent authority may, from time to time, by notification in the official gazette, declare any area to be a slum area within the meaning of this actcompetent authority to declare slum areas254 the appropriate government through the competent authority shall carry outworks of improvement in slums and jhuggi-jhopri clusters from time to time in such manner as may be prescribedcompetent authority to carry out works of improvement in slums and jj clusters 5 the appropriate government shall provide minimum basic health facilities through primary health centres in slum areas and jhuggi-jhopri clusters in such manner as may be prescribedhealth facilities inslums and jj clusters306 the competent authority shall not allow a jhuggi-jhopri cluster to come upon agovernment land and if any slum exists in such a land before the commencement of this act, the competent authority shall remove it in such manner as may be prescribedremoval of jj clusters from government land35power to declare any area to be a clearance area7 where the competent authority is satisfied that the most satisfactory method ofdealing with the conditions in a slum area is the demolition of all the buildings in the area, the authority shall by an order notified in the official gazette declare the area to be a clearance area, that is to say an area to be cleared of all buildings in accordance with the provision of this act and the rules made thereunderslum clearance order408 as soon as may be after the competent authority has declared any slum area to bea clearance area it shall make a slum clearance order in such manner as may be prescribed and submit the order for the clearance by the appropriate government and if the appropriate government confirms the order, the order shall become operative from the date of such confirmationpower to make rules9 the central government may, by notification in the official gazette, make rules forthe purposes of this act statement of objects and reasonscrores of people in our country are living in slums and jhuggi jhopri clusters under inhuman conditions there are no basic facilities of potable water, electricity, sanitation and health services in these areas however people have no other option but to live in such slums and jj clusters the problem is more appaling in metropolitan cities like delhi, mumbai, chennai and kolkata and such other big cities where people migrate in large numbers in search of employment poverty forces them to find shelter in slums and jj clusters it is the duty of the concerned state governments to provide basic facilities in such areas however, sometimes jj clusters come upon government land which is meant for other important purposes their clearance is also necessary in larger public interesthence this billsuresh pachouri financial memorandumclause 4 of the bill provides that competent authority shall carry out works of improvement in slums and jj clusters clause 5 provides for health care facilities in slums the bill, if enacted, will involved expenditure from the consolidated fund of india it is estimated that a sum of five hundred crore rupees will involve as recurring expenditure per annuma sum of rupees one hundred crores will also involve as non-recurring expenditure memorandum regarding delegate legislationclause 9 of the bill empowers the central government to make rules for the purposes of this bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character————abillto provide for the basic minimum amenities of water, electricity, sanitation and health facilities in slums and jhuggi-jhopri clusters and for the clearance of such areas in larger public interest and for matters connected therewith or incidental thereto————(shri suresh pachouri, mp)	Parliament_bills	11a243bc-e8f6-548d-a7df-3ecca207d6ae
bill, 1969 (to be/as intrqduced in lok sabha)1 in the titlep~ f'":t' "g8!"2raj" read "central" --~ 2 page 2, line 15,-for "sha 1" read "sha 11" --3 page 3, line 33, -for "section 126;" read "section 21a" --4 page 11, line 8,-for "employees'" read "employers' " -5 page 11, line 15, -i2!: it ext ract " read "ext ract s " -6 page 13, line 18,-for "extracts" ~ "extract" -new delhi; auaust 1~ 196~ • ~ bill no 71 , 1_ the general labour laws (extension to jammu and kashmir) bill (969 a billto provide for the extension of certain central labour laws to the state of jammu and kashmir be it enacted by parliament in the twentieth year of the republic of india as foilows:-1 (1) this act may be called the central labour laws (extension to jammu and kashmir) act, 1969 short title and com mejlce ment (2) it shall come into force on such date as the central government - may, by notification in the official gazette, appoint 2 (1) the acts mentioned in the schedule aad all rujea, orclers, rep lations and sehemes made thereunder by the central goverament are bereby extended to, and shall be in force in, the state of jammu and 10 kuhmir extealion add amendmentor certain labour laws (2) with -eet from the conuneacement of this act the ada m_· tioned in the schedule shad be amended as sperifted thereln 3 any reference in any act mentioned in the schedule to a law which is not in force in the state of jammu and kashmir shall, in relation to that state, be construed as a reference to the corresponding law, if any, in force in that state codltruc tionof references to law not in force in jammu and kashmir 4 any reference by whatever form of wordb ht any law for the time s being in force in the state of jammu and kashmir to any authority competent at the date of the passing qf that law to exercise an, powers or discharge any functions in that state shall, where a corresponding new authority has been const:tuted by or under any law now extended to that state, have effect as if it were a reterence to the new authority 10 construction of referedces toauthoritie8 wbere ne authoritieaban ~coiltituted repeals and vin 5 if immediately be£orc the comman~m~nt of this act there is in force in the state of jammu and kashmir any law corresponding to any act now extended to that state, that law shall, save as otherwise ex· pressly provided in this act, stand repealed on such commencement: provided that the repeal sha1 not atfect-is (4) the previous operation of any law so repealed or anythinl duly done or suffered ths"eunder, (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, (e) any penalty, forfeiture or punishment incurred in respect 20 of any oftence committed against any law so repealed, or (d) any investigation, legal proceeding or remedy in respect of oy such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proc:eeding or remedy may be instituted, 2s continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this act had not been passed: provided further that, subject to tile preceding provi~, anything done or any action taken (including any appointment or delegation made, notification, instruction or direction istiued, form, bye-law or scheme 30 framed, certificate obtained, permit or licence granted or registration e1fectcd) under any such law shall be deemed to have been done or taken wlder u,e c:jrresponding provisions of the act now extended to that state, and shall continue to be in force accordingly unless and until superseded by anything done or aay action taken under the said act 35 power to remove cwilculties 8 (1) if any dillculty arises in giving effect to the provisions of ally act now extended to the state of jammu and kashmir, the central government may, as occasion may require, by order qiltifted in the official gazette, make such provisions or give such directions, not inconsi'stent with the provisions of such act, as appear to it necess8py for the 40 nmoval of the di!ftculty: provided tbat 00 such order shall be made under this section after the ~xptration of two years from the date on which this act comes into forn ,e;; (2) in particular, and without \li'ejudice to the generality of the toregoing pgwer, any such notified ore&' msy-(4) specify the corl'elponding authorities within the meaniq of section 4, 5 (b) proviae for the transfer ef any matter pending immediately 'before the commencement of this act before any court, tribunal or ether authority, to any corresponding court, tribunal of oth6r authority for disposal, 10 (c) specify the areas or circumstances in which, or the extent to which, or the conditions subject to which, anything dooe or an;, ac:tion taken (including any of the matters specified in the secona proviso to section a) under afty law repealed by that section shall be recognised or give aftec:t to under the corresponding provision of the act now extentled the schedule (sff seetion 2) acts the workmen's compensation act, 1923 (8 of 1923)20 section 1-ln sub-sectio's (2), omit "except the state of jammu end kashmir" section 3-ia sub-retion ('i), omit "within the state or the territories to which this act extends, as the case may be," the tradb unions act ]92625 (16 f)f 1926) section i-in sub-section (2), omit "except the state of jammu anci kashmir" section l6-after sub-section (2), insert-"(2a) in its application to the state of jammu and kashmir, 30 references in sub-section (2) to any legi~lative body constltuted under the consatuti<m shall be construed as including refeiledces to the legislature of that state" section l2a: -after sub-section (2), insert-"(3) in its application to the state of jammu and kashmir, 35 reference in sub-section (2) to the commencement of the indian trade unions (amendment) act, 19m, shall be construed as reference to the commencement of this act in the said state" the children (pledging of labour) act" 1933 (2 of 1933) 40 section i-in sub-section (2), omit "except the state of jammu and kashmir" the payment of wages act, 1936 (4 of 1986) section 1-in sub-section (2), omit "except the state of jammu and 45 kashmir" tile employers' liability act, 1938(34 0' 1938) sttrion i-in sub-section (2), omit "except the state of jammu and kashmir" tile employment of children act, 1938 (26 of 1938)section i-in sub-section (2), omit "except the state of jammu and kaahmir" section 3b-re~number section 3b as sub-section (1) of that section s and after sub-section (1) as so re-numbered, insert-"(2) in its application to the state of jammu and kashmir, reference to the 1st day of october, 1939, shall be conltrued as refer· ence to the commencement of this act in the said state"; 10 the weekly holidays act, 1942 (18 of 1942) section i-in sub-section (2), omit "except the state of jammu and kaslunir" the industrial employment (standing orders) act, 1946 (20 of 1948) ) 5 section i-in sub-section (2), omit "except the state of jammu and kashmir" the industrial disputes act, 1947 (14 of 1947)seetion i-in sub-section (2), omit the proviso the coal mines labour welfare fund act, 1947 (32 of 1947) section i-in sub-section (2), omit "except the state of jammu and kashmir" 2s the mlnimum wages act, 1948 (11 of 1948)section i-in sub-section (2), omit "except the state of jammu and kashmir" the employees' state insurance act, 1948 (34 of 1948)30 section i-in sub-section (2), omit "except the state of jammu and kashmir" the coal mines provident fund and bonus schemes act, 1948 (46 of 1948)section 1-ln sub-section (2), omit "except the state of jammu and 35 kashmir" tite factories ajet, 1948 (63 of 1948) section 1-in sub-section (2), omit "except the state of jammu and kashmir" the working journalists (conditions of service) and misce1laneous provisions act, 1955 (45 of 1955) section i-in sub-election (2), omit "except the state of jammu and kashmir", the employment exchanges (compulsory nonncanon of' vacabcus) act, 1959(31 of 1959) section ] ,-in sub-section (2), omit "except the state of jammu and s kashmir", the mo'l'or transport workers act, 1961 (27 of 1961)section 1-(a) in sub-section (2), omit "except the state of jammu and kashmir" 10 (b) to sub-section (3), add-"provided that it shall come into force in the state of jammu and kashmir on the commencement of the central labour laws (e"tension to jammu and kashmir) act, 1969,", the maternity benefit act, 1961 (53 of 1961)15 section 1-1n sub-section (2), omit "except the state of jammu and kashmir" the payment of bonus act, 1965 (21 of 1965)20 section 1-(a) in sub-section (2), omit "except the state of jammu and kashmir" ( b) to sub-section (4) add-"provided that in relation to the state of jammu and kashmir, the reference to the accounting year commencing on any day in the year 1964 and every subsequent accounting year shall be construed as reference to the accounting year commencing on any day in the year 1968 and every subsequent accounting year" statement of objects and reasonsin order to secure uniform application of the various labour laws to the whole of india, it has been decided, with the concurrence of the government of jammu and kashmir, to extend certain labour jaws to that state hence the bill new delhi; the 18th may 1869 jaisukhlal hathi clause 2 of the bill seeks to extend to the state of jammu and kashmir the 19 central labout' acts mentioned in the schedule to the bill the extension of some of these acts to that state will involve expenditure from the consolidated futld of india to the extent the central government is responsible for the administration of these acts in the industrial establishments falling under· the central sphere fot example, the chief labour commissioner (central) is responsible for the enforcement of the provisions of-1 the trade unions act, 1926 2 the payment of wages act, 1936 3 the employment of children act, 1938 4 the industrial employment (standing orders) act, 1946 5 the industrial disputes act, 1947 6 the minimum wages act, 1948 7 the coal mines provident fund and bonus schemes act, 1948 (in so far as coal mines &nus schemes are concerned) 8 the payment of bonus act, 1965 sinularly the coal mines welfare commissioner is respo~ble for the administration of the co!l mines labour welfare fund act, 1947 the organisation of the coal mines provident fund administers the provident fund of employees in coal mines and ancillary industries under the provisions of the coal mines provident fund and bonus schemes act, 1948, in so far as it relates to coal mines provident fund schemes the maternity benefits act, 1961, is administered by the coal mines welfare commissioner in the coal mines and by the chief inspector of mines in the other mines rs 15,000 rs 7,800 rb 20,000 rs 7,200 2 to the extent possible, the existing machinery of the central government for the enforcement of the various labour laws, where the responsibility for their administration vests in the central government, will be utilised it will, however, be necessary to strengthen the organisation of the chief labour commissioner (central) and to set up in the state of jammu and kashmir an office of the assistant labour commissioner (central) and an office of labour enforcement officer (central) with some staff this will involve creation of a few additional j)osts in-,voiving, on an average, an annual recurring expenditure of about rs 50,000 as per details given below:-pay of establishment allowances and honoraria contingencies the expenditure likely to be incurred during the ctirrent linagcial yelli; will roughly be rs 10,000 the position regarding the actual staff requirements however will be known only after a clear picture emerges regarding the work load involved 3 in the case of the otht'!r organisations of the central government, separate whole-time staff may not be required for some time, but the oft\cers of the enforcement machinery will have to visit the industrial establishments with which the central government is concerned three or four times a year and on this account, a< recurring expenditure of rs 5,000 per annum on travelling allowances of officers is expected to be incurred the expenditure durinb the current financial 'year is not expected to exceed rs 1,000 4 the extension of the acts to the aforesaid state of jammu and kashmir will, thus, involve the central government in an approximate recurring expenditure of rs 55,000 per annum in so far as the current financial year is concerned, a sum of roughly rs 11,000 will be required iiemorandum regarding delegated legislationclause 6 of the bill empowers the central government to provide by order notified in the oftlcial gazette for the removal of difficulties that may arise in giving effect to its provisions the bill seeks to extend various acts to the stalte of jammu and kashmir and it is the normal practice to insert in bills, extending enactments to territories, a provision for the removal of difficulties which may arise in the course of transition from the old to the new state of affairs clause 6(2) of the bill indicates the principal maltters in respect of which orders j1lay be lisued the delegation of legislative power, in the circumstances, is of iiormal character (8 of 1923) - - - - - - cflapter i przt,lminally shert title, extejlt and eom-menee-jilent employer's liability for compensation - 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and xashmjr - - - - - - chapl'er ii workmen's compensation 3 - - - - - - (3) the state government in the case of employments specifted in part a and part b of schedule iii, and the central government in the case of employments specified in part c of that schedule, after giving, by notification in the ofticial gazette, not less than three months' notice of its intention so to do, may, by a like notification, add any description of employment to the employments specified in schedule iii, and shall specify in the case of employments so added the diseases which shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively, and thereupon the provisions of sub-section (2) shall apply within the state or the territories to which this act extends, as the case may be, as if such diseases had been declared by this act to be occupational diseases peculiar to those employments ~ ,-- - - - • - • extract from the trade unions act, 1926 (16 of 1926) - • - chapter i pulimlnaity •1 (i) - - - - - (2) it extends to the whole af india except the state of jammu and kashmir - - - - - - short title, extent and commence met extract nom the children (pledging of labour) act, 1933 (2 of 1933) - - - - - - 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and kashmir - - - - - - short title, exteat and com menel meat 10 - - - - - - 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and ka~ - - - - - - short title, extent, cemmencamentand application extract from the ~~ploy'~' liability act, 1~8(24 of 1938) - - - - - - short title add extent 1 (1) - - - - - - (2) it extends to the whole of india except the state of j~~\l ~d kashmir - - - - - - extract from the employment of childrbn act, 1938(26 of 1938) - - - - - - 1 (1) - - - - - - short title an extent (2) it extends to the whole of india except the state of jammu and kashmir - - - - - 3b before work in any of the processes set forth in the schedule is carried on in any workshop after the 1st day of october, 1939, tli~~ occ6-pier shall send to the inspector, within whose local limits the workshop is situated, a wr~tennptice cqntainpls-(a) the name and situation of tqe workshop, notice to inspector before clu'l')'inl on work in certain procelles (b) the name of the person in actual management of ~ work-~, (c) the address to which communications relatini to the workshop should be, sent, and (d) the nature of the processes to be carried on in the wprkshop - - - - - - ex'l'ract from the weekly holidays act, 1942 , "'-:,"nr (18~1' 1~) - - - - - - 1 (1) - - - - - - short title, extent andcojll- :; ment; (2) it extends to the whole of india except the state of, jammu and kashmir - - - - - - extract from the industrial emplo'yliont (s'rajn>ino 0-) aj:r, 194:& (20 or 1946) - short title, extent andappli-cation - 1 (1) - - - - - (2) it extends to the whole of india except the state of jauunu and kashmir - - - - - - extract from the industrial disputi's act, 1804"1 (14 of 1947) - - chapter i1 (1) preliminary - - - - (2) it extends to the whole of india: short title, extent and commencement provided that it shall not apply to the state of jammu and kashmir except to the extent to which the provisions of this act relate to btduatrial disputes concerning workmen employed under the government of india - - - - - short title, extent and commence-ex'11lact from me coal mines labour wklfaae fund act, 1i47 (32 of 1947) - - - - - - 1 (1) - - - (2) it extends to the whole of india except the state of jammu and kashmir - - - - men~ 1 (1) extract from 'l'he minimum w agi:s act, 1mb (11 or 1948) - • - •short title and extent - (2) it extends to the whole of india except the state of jammu and kashmir - - - - - - extract from the empioyas' stat'lil instlaancii acr, ims (34 or 1948) - •- - 1 (1) - - - - chapter i prw imjlfa8y - - - - (2) it extends to the whole of india except the state of jammu and kashmir - - - - - - short title, extent, commencement andappu-catton short title and extent 1948 (46 01' 1948) - - - - - - 1 (1) - - - - - (2) it extends to the whole of india except the state of jammu and kashmir - - - - - - extract from the factories act 1948 (63 01' 1948) - - - - - chapter i preliminary1 (i) - - - - - - (2) it exwnds to the whole of india except the state of jammu and kashmir -~ - - - - - - silert title, extent and com mencement extracts from the working journalists (conditions 01' suvice) and miscellaneous provisions ar:r 1955 (45 or 1955) - - - - - - chapter i preliminaryshort title-nd extent 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and kashmir • ~_c l - - - - - - extrar:r from the employment exchanges (compulsory notification 01' v acanci&9) act 1959 (31 01' 1959) - - - - - - 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and kaahmir - - - - - - short title, extent and com menoe ment extract from the motor transport wojldr8 act 1961 (27 of 1961) - - - - - - chapter i prbliminaiiy1 (1) - - - - - (i) it extends to the whole of india except the state of jammu and kubm1r short title, extent, commence mentand appu-catton, (3) it ~ come into force on such date, not being later than the31al day of march, 1962, as the central government may, by notification in the officikl gazette, appoint ai¥l ~ez;eijt dates may be appointed for different states - - - - - - 1 (1) e4~'l'jk\c!l' fl\o~,~ ~~ty b~, ~t :~1 (53 of 1961) - - - - - - - - - - - - (2) it extends to the whole ,qf i!l~ wept the state of jammu and kaahmir - - - - - - short titl, extent and com mence· mento 1 (1) ex'lltacts from thepa~of bonus act, 1965 (21 of 1965) , - - - - - - - - - ~rt title, extent andappli cation - - (2) it extends to the whole of india except the state of j ammu and ~~ - - - - - - (4) save as otherwise provi~ed in this act, the provisions of this act shall, in relation toa factory mother establishmgllt to which this act applies, have effect in respect of the accounting year commencing on any day in the year 1964 and in respect of every subsequent accol1nting year - - - ai - - a bnl to provide for the extension of certain central labour laws to the state of jammu and kashmir (shri jai sulch lal hathl, minister of labour and rehabilitation)	Parliament_bills	dfc45f5d-d8f5-5750-9390-13900047342f
bill no 113 of 2018 the national poverty alleviation fund bill, 2018 by dr boora narsaiah goud, mp abillto provide for the constitution of the national poverty alleviation fund and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the national poverty alleviation fund act, 2018short title and extent(2) it extends to the whole of indiadefinitions5 2 in this act, unless the context otherwise requires,—(a) "absolute poverty" means the condition of the household below the foodthreshold level;10(b) "basic sectors" means the disadvantaged sectors including farmers, artisans,workers in the formal sector and migrant workers, workers in the informal sector, women, persons with disabilities, senior citizens, victims of calamities and disasters, youth and students, children and urban poor;(c) "fund" means the national poverty alleviation fund constituted under section 3;5(d) "human development index" means the measure of performance of a country based on three outcomes of development namely, the state of health (measured by life expectancy at birth), the level of knowledge and skill (measured by a weighted average of adult literacy and enrollment rates) and the level of real income per capita, adjusted for poverty considerations as social indicators of the citizen's ability to lead a long and healthy life, to acquire knowledge and skills, and to have access to the resources needed to afford a decent standard of living highlihting;1021 of 1860(e) "non-governmental organizations" means any organization registered under societies registration act, 1860 focused on the upliftment of the basic sectors of society by providing advocacy, training, community organizing, research, access to resources, and other similar activities;(f) "poor person" means a person or a group of persons,—15(i) living below the national or regional poverty line prescribed by the central government or the state governments concerned, as the case may be, as per necessity, from time to time;(ii) marked backward on the basis of human development index; and (iii) excluded from the national development process on the grounds of particular gender or social group;20(g) "poverty alleviation" means the reduction of absolute poverty and relative poverty;(h) "prescribed" means prescribed by rules made under this act; (i) "relative poverty" means the gap between the rich and the poor;25(j) "self-help groups" means informal associations of people who choose to come together to find ways to improve their living conditions;(k) "social mobilization" means the process to eradicate poverty of particular group or community by increasing awareness and to enable them to participate in decision making process in organized or collective way and to build up their skill and capacity;30(1) "urban poor" means individuals or families residing in urban centers and urbanizing areas whose income or combined household income falls below the poverty threshold and/or cannot afford in a sustained manner to provide their minimum basic needs of food, health, education, housing and other essential amenities of life;35(m) "workers in the formal sector" means workers in registered business enterprises who sell their services in exchange for wages and other forms of compensation;40(n) "workers in the informal sector" means poor individuals who operate businesses that are very small in scale and are not registered with any national government agency, and to the workers in such enterprises who sell their services in exchange for subsistence level wages or other forms of compensation; and(o) "youth" means any person who has attained the age of fifteen years but has not attained the age of twenty-nine years453 (1) the central government shall, by notification in the official gazette, constitute a fund to be known as the national poverty alleviation fund for carrying out the purposes of this actconstitution of the national poverty alleviation fund(2) the central government and the state governments shall contribute to the fund in such proportion as may be prescribed50(3) such other sums as may be received by way of donation, contribution or assistance or otherwise shall also be credited to the fund4 (1) the central government shall set up a national poverty alleviation board for the purpose of administering the fund(2) the board shall consist of—(i) a chairperson, to be appointed by the central government;constitution of the national poverty alleviation board for administering the fund5(ii) one representative each of the union ministries of agriculture, labour, social justice and empowerment, rural development, women and child development and finance;(iii) one representative of the niti aayog; (iv) one representative of every state government;10(v) three members representing the non-governmental organisations,self-help groups and labour unions to be appointed by the central government in such manner as may be prescribed;(vi) the secretary of the union ministry of housing and urban affairs who shall be ex-officio secretary to the board;15(3) the central government shall provide to the board such number of officers and staff as may be required for its efficient functioning(4) the salary and allowances payable to and other terms and conditions of service of chairperson, members, officers and staff of the board shall be such as may be prescribedduties of the board5 (1) the board shall formulate policies and guidelines regarding welfare of the poor person, household or community20(2) the board shall utilize the fund for the following purposes:—(i) income generation, skill development, employment creation and production growth in different sectors such as agriculture, livestock, cottage and small industry based on local resources and raw materials;(ii) improving primary health and literacy;25(iii) imparting technical education, providing employment training for youth; (iv) providing small irrigation, facilities of drinking water, sanitation, rural road, rural energy and environment to render support for poverty alleviation as per necessity; and30(v) imparting training, organising seminar and field visit to build up thecapacity of the person, household, community institution and staffs involved through the medium of social mobilization for conducting poverty alleviation programmesurvey of poor persons356 (1) every state government and the union territory administration, as the case may be, shall conduct a district-wise survey, in such manner and with such details of all poor persons, household or community within their respective jurisdictions and cause the same to be published in such manner and form, as may be prescribed(2) any complaint or objection relating to inclusion or omission of name of any poor person, household or community shall be addressed to the district magistrate concerned who shall, after due inquiry, decide upon the rectification of the records(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for,—(a) the manner in which the fund may be applied; (b) the conditions governing the grant of loans or subsidy;5(c) the conditions governing grant-in-aid; (d) the standard of welfare measures and facilities to be provided out of the fund;10(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 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 reasonspoverty refers to a situation when people are deprived of the basic necessities of lifeit is often characterized by inadequacy of food, shelter and clothes in other words, poverty refers to a state of privation where there is a lack of essential needs for subsistence many people in india do not get two square meals a day they do not have good dwelling units to live in their children do not get proper basic educationpoverty is a widespread condition in india since independence, poverty has been a concern of every successive government the percentage of persons below the poverty line in 2011-12 has been estimated as 257 per cent, in rural areas and 137 per cent, in urban areas india is home to twenty two per cent, of the world's poor persons two hundred and sixty million people in the country do not have income to access a consumption basket eradication of poverty would ensure a sustainable and inclusive growth of economy and societyit is necessary to uplift economic and social status of the poor persons, household or community through social mobilization to ensure their access to the basic services and facilities and to enable them to utilize it there is also a need to build up their capacity so that they can exercise their right and actively participate in the decision making process the need is also to do everything possible and within our limits to alleviate poverty from our country reduction of poverty in india is vital for the attainment of international goalsit is imperative to establish a fund for funding and implementation of various programmes related to poverty alleviation through active participation of poor and backward class of society and by providing grant and necessary assistance to the institutions involved in the activities for poverty alleviationhence this billnew delhi;boora narsaiah goudmarch 27, 2018 financial memorandumclause 3 of the bill provides for the constitution of a national poverty alleviation fund to which the central and state governments shall contribute funds in such proportion as may be prescribed clause 4 provides for the constitution of a board to administer the fund clause 5 provides for the utilisation of fund for income generation, skill development, promotion of literacy etc clause 6 provides for conducting of district-wise survey of all the poor persons, households or community covered under poverty alleviation the expenditure relating to states shall be borne out of the consolidated funds of the respective states however, the expenditure in respect of union territories shall be borne out of the consolidated fund of india the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees twenty thousand crore will be involveda non-recurring expenditure of about rupees twenty-five thousand 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———— a billto provide for the constitution of the national poverty alleviation fund and for matters connected therewith or incidental thereto————mgipmrnd—294ls(s3)—10-07-2018	Parliament_bills	d316aacc-02a2-565b-8613-46daed8e8244
bill no 53 of 2015 the electricity (amendment) bill, 2015by shri feroze varun gandhi, mp a billfurther to amend the electricity act, 2003be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 this act may be called electricity (amendment) act, 2014short title36 of 20032 in the electricity act, 2003, in section 135,—amendment of section 1355(a) in the sub-section (1), for the first proviso, the following proviso shall be substituted, namely:—"provided that in a case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use—5(i) does not exceed 5 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity or rupees fifty thousand, whichever is higher, and in the event of second or subsequent conviction the fine imposed shall not be less than six times the financial gain on account of such theft of electricity or rupees one lakh, whichever is higher;10(ii) exceeds 5 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity or rupees seventy five thousand, whichever is higher, and in the event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months, but which may extend to five years and with fine not less than six times the financial gain on account of such theft of electricity or rupees one lakh and fifty thousand, whichever is higher:"; and (b) in sub-section (1a), the following proviso shall be added at the end, namely:—15"provided also that five per cent of the deposit or payment shall be equally given as additional benefit to the officers of the licensee of supplier, as the case may be, who were part of the inspection team" statement of objects and reasonsthe electricity sector in india has an installed capacity of about 250 gw and accounts for 5% of global electricity production, being surpassed only by 7 china and the united states of america however, our impressive electricity generation record is tarnished by the lossess suffered while transmitting power to the end consumer incurred in the form of aggregate technical & commercial loses (at&c losses) which range from 30-50% depending upon the geographical region and the surveying agency concerned reputed independent agencies like the energy research institute (teri) have pegged the at&c loss in some areas to as high as 60%, which are among the highest in the world comparable figures in other major countries range from 4% in japan and germany to 6%-8% (china, europe and usa)at a plf of 60% and at&c loss of 30%, india loses 45 gw of electricity if the at&closses are restricted to 15% approximately, 23 gw of electricity shall be available to other sectors, bringing in immense benefits in the indian economythe high fraction of at&c losses, coupled with insufficient or no tariff revision, have plunged the financial health of the state electricity boards (seb's) consequently, it has become increasingly difficult for seb's to service their debt and lenders have become wary in terms of lost revenue thus, plugging of these thefts shall reduce lost revenue, lessen blackouts and stabilize the financial health of the seb'smeanwhile, the officers of the licensee or supplier (as applicable) are also encouraged and incentivized to conduct frequent raids and curtail electricity theftthe case of gujarat electricity board (geb), which made and annual profit of rupees550 crore in financial year 2000-01 is a glaring example of the beneficial effects of curtailing electricity theftsthe present bill, therefore, seeks to amend the electricity act, 2003 with a view to impose penalty on the consumer practicing theft of electricity and causing loss of revenue and posing energy crisis in the countrythe bill also proposes to give five per cent of the fine deposited for theft of electricity as additional benefit to the officers of the licensee or supplier so as to incentivize efficient crackdown of theft of electricity part xiv offences and penalties 135 (1) whoever, dishonestly,—theft of electricity(a) taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee or supplier as the case may be; or(b) (c) (d) (e) provided that in a case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use—(i) does not exceed 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction the fine imposed shall not be less than six times the financial gain on account of such theft of electricity;(ii) exceeds 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months, but which may extend to five years and with fine not less than six times the financial gain on account of such theft of electricity: (1a) without prejudice to the provisions of this act, the licensee or supplier, as the case may be, may, upon detection of such theft of electricity, immediately disconnect the supply of electricity:provided that only such officer of the licensee or supplier, as authorised for the purpose by the appropriate commission or any other officer of the licensee or supplier, as the case may be, of the rank higher than the rank so authorised shall disconnect the supply line of electricity:provided further that such officer of the licensee or supplier, as the case may be, shall lodge a complaint in writing relating to the commission of such offence in police station having jurisdiction within twenty four hours from the time of such disconnection:provided also that the licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provisions of this act, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to this clause, restore the supply line of electricity within forty-eight hours of such deposit or payment ———— a billfurther to amend the electricity act, 2003————(shri feroze varun gandhi, mp)	Parliament_bills	2904a188-2162-532a-808a-db1e705bbbcc
as introduced in the rajya sabha bill no lxii of 2012 the child labour (prohibition and regulation) amendment bill, 2012 a billfurther to amend the child labour (prohibition and regulation) act, 1986be it enacted by parliament in the sixty-third year of the republic of india as follows:—short title and commencement1 (1) this act may be called the child labour (prohibition and regulation) amendment act, 20125(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of long title61 of 19862 in the child labour (prohibition and regulation) act, 1986 (hereinafter referred to as the principal act), for the long title, the following shall be substituted, namely:—10"an act to prohibit the engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes and the matters connected therewith or incidental thereto"amendment of short title61 of 19863 in section 1 of the principal act, in sub-section (1), for the words, brackets and figures "the child labour (prohibition and regulation) act, 1986", the words, brackets and figures "the child and adolescent labour (prohibition and regulation) act, 1986" shall be substituted54 in section 2 of the principal act,—amendment of section 2(a) clause (i) shall be renumbered as clause (ia) thereof and before clause (ia) as so renumbered, the following shall be inserted, namely:—'(i) "adolescent" means a person who has completed his fourteenth year of age but has not completed his eighteenth year;'; (b) for clause (ii), the following clause shall be substituted, namely:—1035 of 2009'(ii) "child" means a person who has not completed his fourteenth year of age or such age as may be specified in the right of children to free and compulsory education act, 2009, whichever is more;'5 for section 3 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 3"3 no child shall be employed or permitted to work in any occupation or process:15prohibition of employment of children in any occupation and processprovided that nothing in this section shall apply where the child helps his family after his school hours or helps his family in fields, home-based work, forest gathering or attends technical institutions during vacations for the purpose of learning, but does not include any help or attending technical institutions where there is subordinate relationship of labour or work which are outsourced and carried out in home"206 after section 3 of the principal act, the following section shall be inserted, namely:—insertion of new section 3a"3a no adolescent shall be employed or permitted to work in any of the hazardous occupations or processes set forth in the schedule"prohibition of employment of adolescents in certain hazardous occupations and processesamendment of section 4257 in section 4 of the principal act, for the words "add any occupation or process to the schedule", the words "add to, or, omit from, the schedule any hazardous occupation or process" shall be substituted8 part iii of the principal act shall be omittedomission of part iii9 in section 14 of the principal act,—amendment of section 14(a) for sub-section (1), the following sub-sections shall be substituted, namely:—30"(1) whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years' or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both:35provided that the parents or guardians of such children shall not be punished unless they permit such child for commercial purposes in contravention of the provisions of section 340(ia) whoever employs any adolescent or permits any adolescent to work in contravention of the provisions of section 3a shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both:provided that the parents or guardians of such adolescent shall not be punished unless they permit such adolescent to work in contravention of the provisions of section 3a"; (b) in sub-section (2),—5(i) for the word and figure "section 3", the words, figures and letter, "section3 or section 3a" shall be substituted;(ii) for the words "six months but which may extend to two years", thewords "one year but which may extend to three years" shall be substituted;(c) clauses (a), (b) and (c) of sub-section (3) shall be omitted1010 after section 14 of the principal act, the following section shall be inserted, namely:—insertion of new section 14aoffences to be cognizable"14a notwithstanding anything contained in the code of criminal procedure,1973, every offence punishable under this act shall be cognizable"2 of 197411 after section 17, the following sections shall be inserted, namely:—insertion of new sections 17a and 17b15district magistrate to implement the provisions20"17a the appropriate government may, confer such powers and impose such duties on a district magistrate as may be necessary, to ensure that the provisions of this act are properly carried out and the district magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer as may be prescribedinspection and monitoring17b the appropriate government shall, make or cause to be made periodic inspection of the places at which the employment of children is prohibited and hazardous occupations or processes are carried out at such intervals as it thinks fit, and monitor the issues, relating to the provisions of this act"25amendment of section 1812 in section 18 of the principal act, in sub-section (2), for clauses (b), (c) and (d), the following clause shall be substituted, namely:—"(b) the powers to be exercised and the duties to be performed by the officer specified and the local limits within which such powers or duties shall be carried out under section 17a"3013 in the principal act, for the schedule, the following schedule shall be substituted, namely:—substitution of new schedule for the schedule 'the schedule (see section 3a)35(1) mines (2) inflammable substances or explosives (3) hazardous process63 of 1948explanation—for the purposes of this schedule, "hazardous process" has the meaning assigned to it in clause (cb) of the factories act, 1948' statement of objects and reasonsthe child labour (prohibition and regulation) act, 1986 provides for prohibition of the engagement of children in certain employments and for regulating the conditions of work of children in certain other employments2 section 3 of the said act, inter alia, provides that employment of children below the age of fourteen years is prohibited in any of the occupations or processes specified in the schedule to the said act section 6 of the said act provides that the provisions of part iii of the act (which relates with the regulation of conditions of work of children) shall apply to an establishment or a class of establishments in which none of the occupations referred to in section 3 is carried on3 it is proposed to prohibit employment of children in all occupations and processes to facilitate their enrolment in schools in view of the right of children to free and compulsory education act, 2009 and to prohibit employment of adolescents (persons who have completed fourteenth year of age but have not completed eighteenth year) in hazardous occupations and processes and to regulate the conditions of service of adolescents in line with the ilo convention 138 and convention 182, respectively4 the provisions of the bill, inter alia, provide for—(i) the amendment of the long title of the said act in view of the proposed provision to prohibit employment of children below fourteen years in all occupations and processes and the proposed provision to prohibit employment of adolescents (persons who have completed fourteenth year of age but have not completed eighteenth year) in hazardous occupations and processes set forth in the proposed schedule;(ii) the amendment of the short title of the said act in view of the insertion of the proposed new definition of "adolescent" whose employment in hazardous occupations and processes is also proposed to be prohibited;(iii) the insertion of a new definition of "adolescent" that means a person who has completed his fourteenth year of age but not completed his eighteenth year in section 2 of the said act;(iv) the amendment of the definition of "child" to provide that child means a person who has not completed his fourteenth year of age or such age as may be specified in the right of children to free and compulsory education act, 2009, whichever is more;(v) the amendment of section 3 of the said act to prohibit employment of children in all occupations and processes except where the child helps his family after his school hours or helps his family in fields, home-based work, forest gathering or attends technical institutions during vacations for the purpose of learning, but does not include any help or attending technical institutions where there is subordinate relationship of labour or work which are outsourced and carried out in home;(vi) the insertion of a new section 3a to prohibit employment of adolescents in any hazardous occupations and processes specified in the proposed schedule;(vii) the amendment of section 4 of the said act to empower the central government to add or omit any hazardous occupations and processes from the schedule to the proposed legislation;(viii) the omission of part iii of the said act in view of the prohibition of employment of children below fourteen years of age in all occupations and processes;(ix) the amendment of sub-section (1) of section 14 to enhance the punishment from imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees, to imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both, for employment or permitting any children to work in any occupations or processes in contravention of section 3 however, the parents or guardians of such children shall not be liable for such punishment unless they permit such children for commercial purposes;(x) the insertion of new sub-section (1a) in section 14 to provide punishment of imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both for employment or permitting to work any adolescent in any hazardous occupations or processes however, the parents or guardians of such adolescents shall not be liable for punishment unless they permit such adolescents to work in contravention of the provisions of section 3a;(xi) the amendment of sub-section (2) of section 14, which provides punishment for the convicted offender who commits a like offence afterwards, to enhance the minimum punishment existing therein from six months to one year and maximum punishment from two years to three years;(xii) the insertion of a new section 14a to provide that the offences under the proposed legislation shall be cognizable notwithstanding anything contained in the code of criminal procedure, 1973;(xiii) the omission of the provisions of clauses (a) and (b) of sub-section (3) of section 14 of the act in view of the prohibition of the employment of children below fourteen years in all occupations and processes;(xiv) the insertion of new section 17a to empower the appropriate government to confer such powers and impose such duties on a district magistrate as may be necessary to ensure that the provisions of the proposed legislation are properly carried out and to empower the district magistrate to specify the officer subordinate to him who shall exercise all or any of the powers and perform all or any of the duties so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer in accordance with the rules made by the appropriate government;(xv) the insertion of new section 17b which empowers the appropriate government to make periodic inspection or cause such inspection to be made, of the places at which the employment of the children is prohibited and the hazardous occupation or process are carried out, at such intervals as it thinks fit and monitor the issues relating to the provisions of the act; and(xvi) the substitution of the existing schedule to the act by new schedule in view of the prohibition of children in all occupations and processes and regulation of employment of adolescents in hazardous occupations and processes 5 the bill seeks to achieve the above objectivesnew delhi;mallikarjun khargethe 21st november, 2012 annexure extracts from the child labour (prohibition and regulation) act, 1986 (61 of 1986) an act to prohibit the engagement of children in certain employments and to regulate the conditions of work of children in certain other employments part i preliminary1 (1) this act may be called the child labour (prohibition and regulation) act, 1986 short title, extent and commencement2 in this act, unless the context otherwise requires,—definitions (ii) "child" means a person who has not completed his fourteenth year of age; part ii prohibition of employment of children in certain occupations and processes3 no child shall be employed or permitted to work in any of the occupations set forth in part a of the schedule or in any workshop wherein any of the processes set forth in part b of the schedule is carried on:prohibition of employment of children in certain occupations and processesprovided that nothing in this section shall apply to any workshop wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, governmentpower to amend the schedule4 the central government, after giving by notification in the official gazette, not less than three months' notice of its intention so to do, may, by like notification, add any occupation or process to the schedule and thereupon the schedule shall be deemed to have been amended accordingly part iii regulation of conditions of work of childrenapplication of part6 the provisions of this part shall apply to an establishment or a class of establishments in which none of the occupations or processes referred to in section 3 is carried onhours and period of work7 (1) no child shall be required or permitted to work in any establishment in excess ofsuch number of hours as may be prescribed for such establishment or class of establishments(2) the period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has had an interval for rest for at least one hour(3) the period of work of a child shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day(4) no child shall be permitted or required to work between 7 pm and 8 am (5) no child shall be required or permitted to work overtime(6) no child shall be required or permitted to work in any establishment on any day on which he has already been working in another establishmentweekly holidays8 every child employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three monthsnotice to inspector 9 (1) every occupier in relation to an establishment in which a child was employed or permitted to work immediately before the date of commencement of this act in relation to such establishment shall, within a period of thirty days from such commencement, send to the inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely:—(a) the name and situation of the establishment; (b) the name of the person in actual management of the establishment; (c) the address to which communications relating to the establishment should be sent; and(d) the nature of the occupation or process carried on in the establishment(2) every occupier, in relation to an establishment, who employs, or permits to work, any child after the date of commencement of this act in relation to such establishment, shall, within a period of thirty days from the date of such employment, send to the inspector within whose local limits the establishment is situated, a written notice containing the particulars as are mentioned in sub-section (1)explanation— for the purposes of sub-sections (1) and (2), "date of commencement of this act, in relation to an establishment" means the date of bringing into force of this act in relation to such establishment(3) nothing in sections 7, 8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, governmentdisputes as to age10 if any question arises between an inspector and an occupier as to the age of any child who is employed or is permitted to work by him in an establishment, the question shall, in the absence of a certificate as to the age of such child granted by the prescribed medical authority, be referred by the inspector for decision to the prescribed medical authoritymaintenance of register11 there shall be maintained by every occupier in respect of children employed or permitted to work in any establishment, a register to be available for inspection by an inspector at all times during working hours or when work is being carried on in any such establishment, showing—(a) the name and date of birth of every child so employed or permitted to work; (b) hours and periods of work of any such child and the intervals of rest to which he is entitled;(c) the nature of work of any such child; and (d) such other particulars as may be prescribed12 every railway administration, every port authority and every occupier shall cause to be displayed in a conspicuous and accessible place at every station on its railway or within the limits of a port or at the place of work, as the case may be, a notice in the local language and in the english language containing an abstract of sections 3 and 14display of notice containing abstract of sections 3 and 14 health and safety13 (1) the appropriate government may, by notification in the official gazette, make rules for the health and safety of the children employed or permitted to work in any establishment or class of establishments(2) without prejudice to the generality of the foregoing provisions, the said rules may provide for all or any of the following matters, namely:—(a) cleanliness in the place of work and its freedom from nuisance; (b) disposal of wastes and effluents; (c) ventilation and temperature; (d) dust and fume; (e) artificial humidification; (f) lighting; (g) drinking water; (h) latrine and urinals; (i) spittoons; (j) fencing of machinery; (k) work at or near machinery in motion; (l) employment of children on dangerous machines; (m) instructions, training and supervision in relation to employment of childrenon dangerous machines;(n) device for cutting off power; (o) self-acting machines; (p) easing of new machinery; (q) floor, stairs and means of access; (r) pits, sumps, openings in floors, etc; (s) excessive weights; (t) protection of eyes; (u) explosive or inflammable dust, gas, etc; (v) precautions in case of fire; (w) maintenance of buildings; and (x) safety of buildings and machinery part iv miscellaneouspenalties14 (1) whoever employs any child or permits any child to work in contravention ofthe provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both(2) whoever, having been convicted of an offence under section 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years(3) whoever—(a) fails to give notice as required by section 9; or (b) fails to maintain a register as required by section 11 or makes any false entryin any such register; or(c) fails to display a notice containing an abstract of section 3 and this section asrequired by section 12; or shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both 18 (1) power to make rules(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (b) number of hours for which a child may be required or permitted to work under sub-section (1) of section 7;(c) grant of certificates of age in respect of young persons in employment or seeking employment, the medical authorities which may issue such certificate, the form of such certificate, the charges which may be made thereunder and the manner in which such certificate may be issued: provided that no charge shall be made for the issue of any such certificate if the application is accompanied by evidence of age deemed satisfactory by the authority concerned; (d) the other particulars which a register maintained under section 11 should contain the schedule (see section 3) part a occupationsany occupation connected with—(1) transport of passengers, goods or mails by railway; (2) cinder picking, clearing of an ash pit or building operation in the railway premises; (3) work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train;(4) work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines;(5) a port authority within the limits of any port; (6) work relating to selling of crackers and fireworks in shops with temporary licences;(7) abattoirs/slaughter houses; (8) automobile workshop and garages; (9) foundries;(10) handling of toxic or inflammable substances or explosives; (11) handloom and powerloom industry; (12) mines (underground and underwater) and collieries; (13) plastic units and fibreglass workshops; (14) employment of children as domestic workers or servants; (15) employment of children in dhabas (road side eateries), restaurants, hotels, motels, tea shops, resorts, spas or other recreational centres;(16) diving part b processes(1) bidi-making (2) carpet-weaving including preparatory and incidental process thereof (3) cement manufacture, including bagging of cement (4) cloth printing, dyeing and weaving including processes, preparatory and incidental thereto(5) manufacture of matches, explosives and fire-works (6) mica-cutting and splitting(7) shellac manufacture(8) soap manufacture (9) tanning (10) wool-cleaning (11) building and construction industry including processing and polishing of granite stones(12) manufacture of slate pencils (including packing) (13) manufacture of products from agate (14) manufacturing processes using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos(15) 'hazardous process' as defined in section 2 (cb) and 'dangerous operation' as notified in rules under section 87 of the factories act, 1948 (63 of 1948)(16) printing as defined in section 2(k) (iv) of the factories act, 1948 (63 of 1948) (17) cashew and cashewnut descaling and processing (18) soldering processes in electronics industries (19) 'aggarbatti' manufacturing (20) automobile repairs and maintenance including processes incidental thereto, namely, welding, lathe work, dent beating and painting(21) brick kilns and roof titles units (22) cotton ginning and processing and production of hosiery goods (23) detergent manufacturing (24) fabrication workshops (ferrous and non-ferrous) (25) gem cutting and polishing (26) handling of chromite and managanese ores (27) jute textile manufacture and coir making (28) lime kilns and manufacture of lime (29) lock making(30) manufacturing processes having exposure to lead such as primary and secondary smelting, welding and cutting of lead-painted metal constructions, welding of galvanized or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scrapping of lead paint, burning of lead in enamelling workshops, lead mining, plumbing, cable making, wire patenting, lead casting, type founding in printing shops store type setting, assembling of cars, shot making and lead glass blowing(31) manufacture of cement pipes, cement products and other related work(32) manufacturing of glass, glassware including bangles, flourescent tubes, bulbs and other similar glass products(33) manufacture of dyes and dye stuff (34) manufacturing or handling of pesticides and insecticides (35) manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photo engraving and soldering processes in electronic industry(36) manufacturing of burning coal and coal briquettes (37) manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather(38) moulding and processing of fibreglass and plastic (39) oil expelling and refinery (40) paper making (41) potteries and ceramic industry (42) polishing, moulding, cutting, welding and manufacture of brass goods in all forms(43) process in agriculture where tractors, threshing and harvesting machines are used and chaff cutting(44) saw mill—all processes (45) sericulture processing (46) skinning, dyeing and processes for manufacturing of leather and leather products (47) stone breaking and stone crushing (48) tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form(49) tyre making, repairing, re-treading and graphite benefication (50) utensils making, polishing and metal buffing (51) 'zari' making (all processes) (52) electroplating (53) graphite powdering and incidental processing (54) grinding of glazing of metals (55) diamond cutting and polishing (56) extraction of slate from mines (57) rag picking and scavenging (58) processes involving exposure to excessive heat (eg working near furnace) and cold(59) mechanised fishing (60) food processing (61) beverage industry (62) timber handling and loading(63) mechanical lumbering(64) warehousing (65) processes involving exposure to free silica such as slate, pencil industry, stone grinding, slate stone mining, stone quarries, agate industry———— a billfurther to amend the child labour (prohibition and regulation) act, 1986————(shri mallikarjun kharge, minister of labour and employment)gmgipmrnd—3567rs(s3)—27-11-2012	Parliament_bills	a7e555e3-79ad-5194-83c3-887aef55ef0e
corrigenda to t hs mon ore mines iabour welfare crss (amendhent) bill 1967 (tq be/as intrqg~ced y! lok sabh&!)1 - page 1 in the narginal heading to olause 2,-t2l "section" rella "section 1 n 2 page 2, line '26,-after "or" ~ ii i' - 3 bage 3 line 11,-after" prescribed" insert "by rules made wlder this act" 4 page 3 line 15,-after "prescribed" insert -"by rules made under this ~ctlf 5 page 4 line 14,-for "compliment" ~ "complement" -net,y delhi __ ~_13 1967 jyaistha 23, 1889 r~aka·} 8111 no 75 of 1967 the iron ore mines labour welfare cess (amendment) bill, 1967a sill further to amend the iron ore mines labour welfare cess act, 1961 be it enacted by parliameilit in the eighteenth year of the republic of india as follows:-1 (1) this act may be called the iron ore mines labour weirare short ti cess (amendment) act, 1967 and col' mencc_ 5 (2) it shall come into force on such date as the central gov~m- ment meilit may, by notification in the offieid gazette, appoint !l8 of 1961 z in section 1 of the iron ore mines labour welfare cess act, amend 1961 (hereinafter referred to as the principal act), for sud-section ment of (2), the following sub-section shall be substituted, namelj:-section· 10 "(2) 1t extends to the whole of india!' :' ~ '1a in tlj~ aot, unless the context otherwise requires,-insertion 3 after section 1 of the principal act, the following section of nt~w 1a shan be inserted, namely:-sec ion - definitions (a) "export" means taking out of india to a place outltide india; s 63 of 1948 (b) "factory" and "occupier" have the meanings respectively assigned to them in clauses (m) and (n) of section 2 of the factories act, 1948; (c) "metallurgical factory" means-(i) a factory in which iron or steel is being pro- 10 ceased or manufactured; (ii) any other factory, being a factory in which iron ore is used for any purpose, which the central government may, by notification in the official gazette, declare to be a metallurgical factory for the purpose~ is of this act; 35 of 1952 (d) "owner" has the meaning assigned to it in clause (1) of section 2 of the mines act, 1952' substitu-4 for section 2 of the principaj act, the following sections shall tion of be substituted, namely: -20 new sec_ tions for section 2 levy and collection of cess on iron ore "2 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be levied and collected as a cess for the purposes of this act on all iron ore produced in any mine-(a) a duty of customs, where such iron ore is exported; 2s ~ i (b) a duty of excise', where such iron ore is sold or otherwise disposed of to the occupier of any metallurgical factory or is used by the owner of the mine for any purpose, at sich rate not exceeding fifty paise per metric torme of iron 3° ore u·tbecedtral: government may, from time to time, fix by notification in the official gazette 2a (1) every duty of customs leviable under this act on any payment iron ore shad be payable to the central government by the per- of duty of son by whom the iron ore is exported cusdtom d ts , ~ uy (2) every duty of excise leviable under this act on any irod of excise s ore shall be payable-(a) to the oecupier of theblettluurgicai factory, by the person by whom such iron ore is sold or otherwise disposed of to such occupier; (b) to the central government, by the owner of the mine 10 where the iron ore is usl-d by 8ui:h owner for any purpose, within such period as may be prescribed (3) all amounts received by the occupier of any metauurgical factory under' clouse (a) of sub-section (2) jlhau be paid byhim to the central government within such period as may be i s prescribed" 5 in section 8 of the principal act, in sub-scction (2) , after amcndclause (a), the following clauses shall be inserted, namely: _ mcnt of section 8 "(a·a) the period within whieh the person selling or otherwise disposing of the iron arc shall pay the duty of excise to 20 the occupier of the metallurgical factory; (aaa) the period within which the owner of the mine shall pay the duty of excise to' the central government; (aaaa) the period witthin which the occupier of the metallurgical factory shall pay to the central government the duty of 2s excise received by him;" statement of objects and reasonssection 2 of the iron ore mines labour welfare cess act, 1961, provides for the levy of a cess, on all iron ore produced in any mine, alt such rate not exceeding fifty paise per metric tonne as the central government may from time to time fix by notification in the officia'l gazette at prese'nt, the rate of cess thus levied is twenty-five paise per metric tonne the proceeds of the cess levied and collected, reduced by the cost of collection, are being utilised to promote the welfare of labour employed in the iron ore mining industry for collection of the cess, eight cess commissioners have been appointed in the important iton ore producing states the cost of machinery for collection comes to about four to five per cent of the cess collected this cost of collection is uke'ly to he higher when the full compliment of staff necessary for checkinf!, inspection, supervision and accounting is appointed in order to reduce the expenditure towards the cost of collection, it is propos:'d to amend the act so as to collect the cess as a duty of cust()rr~ i'n respect of iron ore which is exported out of india and as a duty of excise in respect of imn ore which is sold or otherwise disposed of by the owners of mines to steel plants and other units producing- pig iron, etc the cess as duty of customs will be collected through the agency of the customs department (as is being do'nf' in the case of cess on mica) and as duty of excise will be colleded through the agency of the steel plants, etc, at the time of receipt of the despatches by them a saving of approximately two lakhs of rupees is expected from this change in the mode of collection of cess the bill seeks to achieve the above object new delhi; jaisukhlal hath! the 30th may, 1967 financial memorandid4clause 4 of the bin seeks to substitute section 2 of the iron oj mines la·bour welfare cess act, 1961, which provides for the ie, of a cess at such rate not exceeding 50 paise per metric tonne i iron ore produced, as the central (;<)vemment may fix from tin to time the rate of cess in the new section 2 will be the san though there will be change in the mode of its collection 2 th'~ present method of levy of cess is on production t} new section 2 envisages the cess to be levied as duty of custon on exports and as duty of excise on all iron ore despatched to th steel plants and units producing pig iron or otherwise consumir iron ore the ministry of finance (department of revenue) ha~ agreed to charge 112 per cent of the co1lections as administrath charges to cover the cost of collection although no clause of n bill, when enacted" directly involves expenditure from the cor soiidated fund of india, assuming that similar 1/2 per cent ~ "collecting agencies' charges" may become payable to iron an steel factories and other units producing pig iro'n and taking th figures of 10 million tonnes on exports (revised figure of 1964) an 11' 29 million tonnes on domestic consumption, the total amour, payable as collection charges will be rs 12,500 plus rs 14,410 ie rs 26,910 say rs 30,000 in a calendar year or in a financial yeal the change in the mode of cduection will entail a saving of apprc ximately two lakhs of rupees in the cost of machinery of collectio of cess memorandum regarding delegated legislationclause 5 of the bill which seeks to amend election 8 of the iron ore mines labour welfare cess act, 1961, empowers the central government to make rules with respect to the periods within which the persons liable to pay the duty of excise shall pay the same this is a matter of detail and the delegation of legislative power is thus of a norma1 character annexure extracts from the iron ore mines labour welfare cess act, 1961 (58 of 1961)1/ (1) '" - - '" '" - '" '" '" '" '" - short title, extent and (2) it extends to the whole of india except the state of jammu com and kashmir menee ment '" '" - '" '" '" 2 with effect from such date as the central government may, levy and by notification in the official gazette, appoint, there shall be levied collection and collected, as a cess for the purposes of this act on all iron ore ~)f cess on produced in any mine, a duty of excise at such rate not exceeding lron ore fifty naye paise per metric tonne of iron ore as the ce'ntral government may, from time to time, fix by notification in the oftlcial gazette power to make rules '" '" '" '" '" '" 8 (1) '" '" '" '" '" '" (2) in particular and without prejudice to the generality of the foregoing power, such rules ~ provide for-(a) the assessment and collection of a cess levied under this act; - - - - '" a bill funher to amend the iron ore mines labour welfare cess act, 1961 (shri jai sukh lal hathi, minister of labour (9)> rehabilitation-)	Parliament_bills	57b811ab-f0a6-5a60-a8cc-84cc5536b8d3
the unlawful activitif$ (prevention) bitil, 1967(to be/as introduced 1n lok sabha) 1, page 1, lin@ 8,-after "requires" for it" read ii ii -, 2 page 2, line 11,-betore "means" insert " ii , 3 page 6, line 39,-after "securities" omit ii ii , -4 page 8, line 3,-after ilmayll omit ii " , 5 page 8, line 8,-after "sub-section (4)" insert it " , 6 page 8, line 36,-after "notification" insert "issuedl1 7 page 8, line 42,-after "yelare" insert it " , 8 page 11, line 1,-after" any" insert " " , 9 page 14, line 4,-after "relate" insert " " , ' :nd under such conditions, if' a:;r:! may b~pecified in the notification, be exercised also by a,ny state government and the state government may, with the previous approval of the central government, by order in writing !iirect that any power which has been 5 directed to be exercised by it shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised by any person subordinate to the state government as may be specified therein 20 the provisions of this act or any rule or order made there-10 under shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or any instrument having effect by virtue of any enactment other than this act effect of act and rules, etc, inconsistent with other enactments 21 (1) the central government may, by notification in the power to official gazette, make rules to carry out the purposes of this act make rules 15 (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the followmg matters, namely:-20 " (a) the service of notices or orders issued or made under this act and the manner in which such notices or orders may be served, where the person to be served is a corporation, company, bank or association; (b) the procedure to be followed by the tribunal or a district judge in holding any inquiry or disposing of any application under this act; 25 (c) any other matter wh!ch has to be, or may be, prescribed (3) every rule made by the central government under this section shall be laid, as soo'nls 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, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, 35 ;hat any such modification or annulment shall be without prejudice to the validity of anything previously done' under that rule · - - statement of objects and reasonspursuant to the acceptance by government of a unanimous recommendation of the committee on national integration and region alism appointed by the national integratian council, the constitution (sixteenth amendment) act, 1963, was enacted empowering parliament to impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of india, on the-(i) freedom of speech and expression; (ii) right to assemble peaceably and without arms; and (iii) right to fonn associations or unions 2 the object of this bill is to make powers available for dealing with activities directed against the integrity and sovereignty of india new delhi; y b cha v an the 23rd may, 1967 , tmancial memorandumclause 5 of the unlawful activities (prevention) bill, 1967 provides for the constitution of a tribunal, to be known &iii the uniawful activities (prevention) tribunal, consisting of a chairman and two other mel!ldhers to be appointed by the central government all expenses to be incurred in conn~ion with the tribunal would be met from the consolidated fund of india it will be constituted as and when necessary the expenditure is not expected to be large and is not likely to exceed as 99,210 during the year in which such a tribunal is constituted ! -clause 21 of the bill empowers the central governm~nt to make rules to carry out the purposes of the bill the matters in respect of which rules may be made relate inter alia, to the service of notices or orders issued or made under the bill and the manner in which such notices or orders may be served, where the persc1q to be served is a corporation, company, bank or association; the procedure to be followed by the tribunal or a district judge in holding any inquiry or disposing of any application under the bill these matters pertain to procedure or detail necessary for the effective administration of the provisions of this bill and as such the: delegation of legislative power is of a normal character 2 clause 19 of the bill empowers the central government to direct the state government to exercise all or any of the powers exercisable by it under the bill and further empowers the state government to direct, with the previous approval of the central gov_ ernment, any person subordinate to the state government, to exercise any power which has been directed to be exercised by the state government the delegation to the state government of any power exercisable by the central government under the bill is necessary for the effective administration of the bill and is of a normal character a bill to provide for the more effective prevention of certain unlawful activities of individuals and associations and for matters conneed therewith (shri y b cnman, minister 0/ home ajjairs)	Parliament_bills	33e77ff9-9cdc-58de-8125-7149cd97ae9e
bill no 65 of 2021 the mines and minerals (development and regulation) amendment bill, 2021 a billfurther to amend the mines and minerals (development and regulation) act, 1957be it enacted by parliament in the seventy-second year of the republic of india as follows:—short title and commencement1 (1) this act may be called the mines and minerals (development and regulation)amendment act, 20215(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint; and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision67 of 1957102 throughout the mines and minerals (development and regulation) act, 1957(hereinafter referred to as the principal act),-—(i) for the words "reconnaissance permit, prospecting license or mining lease"wherever they occur, the words "mineral concession" shall be substituted;substitution of references to certain expressions by certain other expressions(ii) for the words "prospecting licence-cum-mining lease", wherever they occur[other than in clause (a) of section 3], the words "composite licence" shall be substituted 3 in section 3 of the principal act,-—amendment of section 3(i) for clauses (a) and (aa), the following clauses shall be substituted, namely:—5'(a) "composite licence" means the prospecting licence-cum-mining lease which is a two stage concession granted for the purpose of undertaking prospecting operations followed by mining operations in a seamless manner;10(aa) "dispatch" means the removal of minerals or mineral products from the leased area and includes the consumption of minerals and mineral products within such leased area;18 of 2013(ab) "government company" shall have the same meaning as assigned to it in clause (45) of section 2 of the companies act, 2013;15(ac) "leased area" means the area specified in the mining lease within which the mining operations can be undertaken and includes the non-mineralised area required and approved for the activities falling under the definition of "mine" as referred to in clause (i);(ad) "minerals" includes all minerals except mineral oils;20(ae) "mineral concession" means either a reconnaissance permit, prospecting licence, mining lease, composite licence or a combination of any of these and the expression "concession" shall be construed accordingly;'; (ii) after clause (f), the following clause shall be inserted, namely:-—'(fa) "production" or any derivative of the word "production" means the winning or raising of mineral within the leased area for the purpose of processing or dispatch;';25(iii) after clause (hb), the following clause shall be inserted, namely:—'(hba) "schedule" means the schedules appended to the act;';(iv) in clause (i),—35 of 1952 37 of 202030(i) for the words and figures, "the mines act, 1952", the words and figures "the occupational safety, health and working conditions code, 2020" shall be substituted;(ii) the following explanation shall be inserted, namely:-—"explanation—for the purposes of this clause,—35(i) a mine continues to be a mine till exhaustion of its mineable mineral reserve and a mine may have different owners during different times from the grant of first mining lease till exhaustion of such mineable mineral reserve;(ii) the expression "mineral reserve" means the economically mineable part of a measured and indicated mineral resource"amendment of section 4404 in section 4 of the principal act, in sub-section (1), in the second proviso, for the words "such entity that may be notified for this purpose by the central government", the words "other entities including private entities that may be notified for this purpose, subject to such conditions as may be specified by the central government" shall be substituted5 in section 4a of the principal act, in sub-section (4),—amendment of section 4a45(i) for the words "mining operations" wherever they occur, the words "production and dispatch" shall be substituted;(ii) for the first, second, third and fourth provisos, the following provisos shall be substituted, namely:-—5"provided that the state government may, on an application made by the holder of such lease before it lapses and on being satisfied that it shall not be possible for the holder of the lease to undertake production and dispatch or to continue such production and dispatch for reasons beyond his control, make an order, within a period of three months from the date of receipt of such application, to extend the period of two years by a further period not exceeding one year and such extension shall not be granted for more than once during the entire period of lease:10provided further that such lease shall lapse on failure to undertake production and dispatch or having commenced the production and dispatch fails to continue the same before the end of such extended period"amendment of section 56 in section 5 of the principal act, in sub-section (1), after the second proviso, the following proviso shall be inserted, namely:—15 20 "provided also that the composite licence or mining lease shall not be granted for an area to any person other than the government, government company or corporation, in respect of any minerals specified in part b of the first schedule where the grade of such mineral in such area is equal to or above such threshold value as may be notified by the central government"amendment of section 87 in section 8 of the principal act, after sub-section (3), the following sub-sections shall be inserted, namely:—25"(4) notwithstanding anything contained in this section, in case of government companies or corporations, the period of mining leases including the existing mining leases, shall be such as may be prescribed by the central government:provided that the period of mining leases, other than the mining leases granted through auction, shall be extended on payment of such additional amount as specified in the fifth schedule:30provided further that the central government may, by notification in the official gazette and for reasons to be recorded in writing, amend the fifth schedule so as to modify the entries mentioned therein in the said schedule with effect from such date as may be specified in the said notification35(5) any lessee may, where coal or lignite is used for captive purpose, sell such coal or lignite up to fifty per cent of the total coal or lignite produced in a year after meeting the requirement of the end use plant linked with the mine in such manner as may be prescribed by the central government and on payment of such additional amount as specified in the sixth schedule:40provided that the central government may, by notification in the official gazette and for the reasons to be recorded in writing, increase the said percentage of coal or lignite that may be sold by a government company or corporation:provided further that the sale of coal shall not be allowed from the coal mines allotted to a company or corporation that has been awarded a power project on the basis of competitive bid for tariff (including ultra mega power projects):45provided also that the central government may, by notification in the official gazette and for reasons to be recorded in writing, amend the sixth schedule so as to modify the entries mentioned therein with effect from such date as may be specified in the said notification"8 in section 8a of the principal act,—amendment of section 8a(a) after sub-section (7), the following sub-section shall be inserted, namely:—5"(7a) any lessee may, where mineral is used for captive purpose, sell mineral up to fifty per cent of the total mineral produced in a year after meeting the requirement of the end use plant linked with the mine in such manner as may be prescribed by the central government and on payment of such additional amount as specified in the sixth schedule:10provided that the central government may, by notification in the official gazette and for the reasons to be recorded in writing, increase the said percentage of mineral that may be sold by a government company or corporation:provided further that the central government may, by notification in the official gazette and for reasons to be recorded in writing, amend the sixth schedule so as to modify the entries mentioned therein with effect from such date as may be specified in the said notification";15 (b) in sub-section (8), the following provisos shall be inserted, namely:-— "provided that the period of mining leases, other than the mining leases granted through auction, shall be extended on payment of such additional amount as specified in the fifth schedule:20provided further that the central government may, by notification in the official gazette and for reasons to be recorded in writing, amend the fifth schedule so as to modify the entries mentioned therein with effect from such date as may be specified in the said notification25 10 of 2015explanation—for the removal of doubts, it is hereby clarified that all such government companies or corporations whose mining lease has been extended after the commencement of the mines and minerals (development and regulation) amendment act, 2015, shall also pay such additional amount as specified in the fifth schedule for the mineral produced after the commencement of the mines and minerals (development and regulation) amendment act, 2021"309 for section 8b of the principal act, the following section shall be substituted, namely:—substitution of new section for section 8b35provisions for period and transfer of statutory clearances33 of 1962"8b (1) notwithstanding anything contained in this act or any other law for the time being in force, all valid rights, approvals, clearances, licences and the like granted to a lessee in respect of a mine (other than those granted under the provisions of the atomic energy act, 1962 and the rules made thereunder) shall continue to be valid even after expiry or termination of lease and such rights, approvals, clearances, licences and the like shall be transferred to, and vested; subject to the conditions provided under such laws; in the successful bidder of the mining lease selected through auction under this act:40provided that where on the expiry of such lease period, mining lease has not been executed pursuant to an auction under provisions of sub-section (4) of section 8a, or lease executed pursuant to such auction has been terminated within a period of one year from such auction, the state government may, with the previous approval of the central government, grant lease to a government company or corporation for a period not exceeding ten years or till selection of new lessee through auction, whichever is earlier and such government company or corporation shall be deemed to have acquired all valid rights, approvals, clearances, licences and the like vested with the previous lessee:provided further that the provisions of sub-section (1) of section 6 shall not apply where such mining lease is granted to a government company or corporation under the first proviso:5provided also that in case of atomic minerals having grade equal to or above the threshold value, all valid rights, approvals, clearances, licences and the like in respect of expired or terminated mining leases shall be deemed to have been transferred to, and vested in the government company or corporation that has been subsequently granted the mining lease for the said mine10(2) notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the new lessee to continue mining operations on the land till expiry or termination of mining lease granted to it, in which mining operations were being carried out by the previous lessee" 10 in section 9b of the principal act,—amendment of section 9b(i) after sub-section (3), the following proviso shall be inserted, namely:—15"provided that the central government may give directions regarding composition and utilisation of fund by the district mineral foundation"; (ii) in sub-section (5), after the words and figures, "amendment act, 2015", the words, brackets, figures and letter ", other than those covered under the provisions of sub-section (2) of section 10a" shall be inserted;20(iii) in sub-section (6), after the words and figures, "amendment act, 2015", the words, brackets, figures and letter "and those covered under the provisions of sub-section (2) of section 10a" shall be inserted11 in section 9c of the principal act,—amendment of section 9c25(i) in sub-section (1), for the words "non-profit body", the words "non-profit autonomous body" shall be substituted;(ii) after sub-section (4), the following sub-section shall be inserted, namely:—"(5) the entities specified and notified under sub-section (1) of section 4shall be eligible for funding under the national mineral exploration trust"amendment of section 103012 in section 10 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:—"(4) notwithstanding anything contained in this section, no person shall be eligible to make an application under this section unless-—(a) he has been selected in accordance with the procedure specified under sections 10b, 11, 11a or the rules made under section 11b;3511 of 2015(b) he has been selected under the coal mines (special) provisions act, 2015; or(c) an area has been reserved in his favour under section 17a"13 in section 10a of the principal act, in sub-section (2),—amendment of section 10a(i) in clause (b), the following provisos shall be inserted, namely:—40"provided that for the cases covered under this clause including thepending cases, the right to obtain a prospecting licence followed by a mining lease or a mining lease, as the case may be, shall lapse on the date of commencement of the mines and minerals (development and regulation) amendment act, 2021:45provided further that the holder of a reconnaissance permit or prospectinglicence whose rights lapsed under the first proviso, shall be reimbursed theexpenditure incurred towards reconnaissance or prospecting operations in such manner as may be prescribed by the central government"; (ii) after clause (c), the following clause shall be inserted, namely:—5"(d) in cases where right to obtain licence or lease has lapsed under, clauses (b) and (c), such areas shall be put up for auction as per the provisions of this act:10provided that in respect of the minerals specified in part b of the first schedule where the grade of atomic mineral is equal to or greater than the threshold value, the mineral concession for such areas shall be granted in accordance with the rules made under section 11b"14 in section 10b of the principal act,—amendment of section 10b(i) for sub-section (1), the following sub-section shall be substituted, namely:— "(1) the provisions of this section shall not apply to the,—(a) cases falling under section 17a;15(b) minerals specified in part a of the first schedule; (c) minerals specified in part b of the first schedule where the grade of atomic mineral is equal to or greater than such threshold value as may be notified by the central government from time to time; or20(d) land in respect of which the minerals do not vest in the government";(ii) in sub-section (3), the following proviso shall be inserted, namely:—25"provided that where the state government has not notified such area for grant of mining lease after establishment of existence of mineral contents of any mineral (whether notified mineral or otherwise), the central government may require the state government to notify such area within a period to be fixed in consultation with the state government and in cases where the notification is not issued within such period, the central government may notify such area for grant of mining lease after the expiry of the period so specified"; (iii) in sub-section (4), the following provisos shall be inserted, namely:—30"provided that-—(a) where the state government has not successfully completed auction for the purpose of granting a mining lease in respect of any mineral (whether notified mineral or otherwise) in such notified area; or35(b) upon completion of such auction, the mining lease or letter of intent for grant of mining lease has been terminated or lapsed for any reason whatsoever,40the central government may require the state government to conduct and complete the auction or re-auction process, as the case may be, within a period to be fixed in consultation with the state government and in cases where such auction or re-auction process is not completed within such period, the central government may conduct auction for grant of mining lease for such area after the expiry of the period so specified:45provided further that upon successful completion of the auction, the central government shall intimate the details of the preferred bidder in the auction to the state government and the state government shall grant mining lease for such area to such preferred bidder in such manner as may be prescribed by the central government"; (iv) in sub-section (6), for the proviso, the following proviso shall be substituted, namely:—"provided that no mine shall be reserved for captive purpose in the auction"515 section 10c of the principal act shall be omittedomission of section 10c16 in section 11 of the principal act,—amendment of section 11(i) for sub-section (1), the following sub-section shall be substituted, namely:— "(1) the provisions of this section shall not apply to the,-—(a) cases falling under section 17a;10(b) minerals specified in part a of the first schedule; (c) minerals specified in part b of the first schedule where the grade of atomic mineral is equal to or greater than such threshold value as may be notified by the central government from time to time; or15(d) land in respect of which the minerals do not vest in the government";(ii) in sub-section (4), the following proviso shall be inserted, namely:—20"provided that where the state government has not notified such area for grant of composite licence of any mineral (whether notified mineral or otherwise), the central government may require the state government to notify such area within a period to be fixed in consultation with the state government and in cases where the notification is not issued within such period, the central government may notify such area for grant of composite licence after the expiry of the period so specified"; (iii) in sub-section (5), the following provisos shall be inserted, namely:—25"provided that—(a) where the state government has not successfully completed auction for the purpose of granting a composite licence in respect of any mineral (whether notified mineral or otherwise) in such notified area; or30(b) upon completion of such auction, the composite licence or letter of intent for grant of composite licence has been terminated or lapsed for any reason whatsoever,35the central government may require the state government to conduct and complete the auction or re-auction process, as the case may be, within a period to be fixed in consultation with the state government and in cases where such auction or re-auction process is not completed within such period, the central government may conduct auction for grant of composite licences for such area after the expiry of the period so specified:40provided further that upon successful completion of the auction, the central government shall intimate the details of the preferred bidder in the auction to the state government and the state government shall grant composite licence for such area to such preferred bidder in such manner as may be prescribed by the central government"; (iv) for sub-section (10), the following sub-section shall be substituted, namely:—"(10) on completion of the prospecting operations, the holder of the composite licence shall submit the result of the prospecting operations in the form of a geological report to the state government specifying the area required for mining lease and the state government shall grant mining lease for such area, to the holder of the composite licence in such manner as may be prescribed by the central government''17 in section 12a of the principal act,—5(i) in sub-section (2),—amendment of section 12a(a) for the words, figures and letter, "section 10b or section 11", the words,"this act" shall be substituted; (b) the following proviso shall be inserted, namely:-—10 "provided that the transferee of mining lease shall not be required to pay the amount or transfer charges referred to in sub-section (6), as it stood prior to the commencement of the mines and minerals (development and regulation) amendment act, 2021, after such commencement but no refund shall be made of the charges already paid";(iii) sub-section (6) shall be omitted15 18 in section 13 of the principal act,—amendment of section 13 (a) in sub-section (1), for the words "reconnaissance permits, prospecting licences and mining leases", the words "mineral concession" shall be substituted;(b) in sub-section (2),—(i) the clauses (qqh) and (qqk) shall be omitted;20(ii) for clause (r), the following clauses shall be substituted, namely:-—"(r) the period of mining lease under sub-section (4) of section 8; (s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8;(t) the manner of sale of mineral under sub-section (7a) of section 8a;25(u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under second proviso to clause (b) of sub-section (2) of section 10a;(v) the manner of granting mining lease to the preferred bidder under the second proviso to sub-section (4) of section 10b;30(w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11;(x) the manner of granting mining lease by the state government to the holder of the composite licence under sub-section (10) of section 11;35(y) any other matter which is to be, or may be prescribed, under this act"19 in section 17a of the principal act,—amendment of section 17a(a) for sub-section (2a), the following shall be substituted, namely:—40"(2a) where in exercise of the powers conferred by sub-section (1a) or sub-section (2), the central government or the state government, as the case may be, reserves any area for undertaking prospecting or mining operations or prospecting operations followed by mining operations, the state government shall grant prospecting licence, mining lease or composite licence, as the case may be, in respect of such area to such government company or corporation within the period specified in this section:provided that in respect of any mineral specified in part b of the first schedule, the state government shall grant the prospecting licence, mining lease or composite licence, as the case may be, only after obtaining the previous approval of the central government"; (b) in sub-section (2c),—5(i) for the words, "may be prescribed by the central government", the words "specified in the fifth schedule" shall be substituted;(ii) the following shall be inserted, namely:—10"provided that the central government may, by notification in the official gazette and for reasons to be recorded in writing, amend the fifth schedule so as to modify the entries mentioned therein in the said schedule with effect from such date as may be specified in the said notification1510 of 2015explanation—for the removal of doubts, it is hereby clarified that all such government companies or corporations whose mining lease has been extended after the commencement of the mines and minerals (development and regulation) amendment act, 2015, shall also pay such additional amount as specified in the fifth schedule for the mineral produced after the commencement of the mines and minerals (development and regulation) amendment act, 2021"20(c) after sub-section (3), the following sub-sections shall be inserted, namely:—"(4) the reservation made under this section shall lapse in case no mining lease is granted within a period of five years from the date of such reservation:25provided that where the period of five years from the date of reservation has expired before the date of commencement of the mines and minerals (development and regulation) amendment act, 2021 or expires within a period of one year from the date of commencement of the said act, the reservation shall lapse in case no mining lease is granted within a period of one year from the date of commencement of the said act:30provided further that the state government may, on application made bysuch government company or corporation or on its own motion, and on being satisfied that it shall not be possible to grant the mining lease within the said period, make an order with reasons in writing, within a period of three months from the date of receipt of such application, to relax such period by a further period not exceeding one year:3510 of 201540provided also that where the government company or corporation in whosefavour an area has been reserved under this section before the commencement of the mines and minerals (development and regulation) amendmentact, 2015, has commenced production from the reserved area without execution of mining lease, such government company or corporation shall be deemed to have become lessee of the state government from the date of commencement of mining operations and such deemed lease shall lapse upon execution of the mining lease in accordance with this sub-section or expiry of period of one year from the date of commencement of the mines and minerals (development and regulation) amendment act, 2021, whichever is earlier45(5) the termination or lapse of mining lease shall result in the lapse of the reservation under this section"amendment of section 2120 in section 21 of the principal act, after sub-section (6), the following explanation shall be inserted, namely:—5amendment of schedules"explanation—on and from the date of commencement of the mines and minerals (development and regulation) amendment act, 2021, the expression "raising, transporting or causing to raise or transport any mineral without any lawful authority" occurring in this section, shall mean raising, transporting or causing to raise or transport any mineral by a person without prospecting licence, mining lease or composite licence or in contravention of the rules made under section 23c" 21 after the fourth schedule to the principal act, the following schedules shall be inserted, namely:—10 "the fifth schedule[see sections 8(4), 8a(8) and 17a(2c)]\| sno mineral \| additional amount on grant or extension of mining lease \|\|------------------------\|-----------------------------------------------------------\|\| 15 \| \|\| 1 \| iron ore and chromite \|\| royalty payable \| \|\| 2 \| copper \|\| 3 \| coal and lignite \|\| 4 \| other minerals (other \|\| than coal and lignite) \| \|\| 20 \| \|explanation—for the purposes of this schedule, the additional amount shall be in addition to royalty or payment to the district mineral foundation and national mineral exploration trust or any other statutory payment the sixth schedule[see sections 8(5) and 8a(7a)]25(i) for non-auctioned captive mines (other than coal and lignite):\| sno \| mineral \| additional amount \|\|-----------------------------------\|-----------------\|---------------------------------------\|\| 1 \| bauxite \| \|\| ( \| i \| ) metallurgical grade \|\| of the royalty payable \| \| \|\| 30 \| \| \|\| ( \| ii \| ) non metallurgical grade \|\| 2 \| chromite \| \|\| ( \| i \| ) up to forty per cent of cr \|\| 2 \| \| \|\| o \| \| \|\| 3 \| \| \|\| equivalent to the royalty payable \| \| \|\| ( \| ii \| ) forty per cent and more of \|\| cr \| \| \|\| 2 \| \| \|\| o \| \| \|\| 3 \| \| \|\| and concentrates \| royalty payable \| \|\| 35 \| \| \|\| 3 \| iron ore \| \|\| ( \| i \| ) lumps, rom and concentrates \|\| of the royalty payable \| \| \|\| ( \| ii \| ) fines \|\| of the royalty payable \| \| \|\| 40 \| \| \|\| 4 \| limestone \| \|\| ( \| i \| ) ld grade (less than 15 per cent \|\| silica content) \| royalty payable \| \|\| ( \| ii \| ) other grades \|\| \| \| 5 \| manganese \|\|-----------------------------------------------------------------------------------------\|------------------------------------------------------------------\|------------------------------------------------------------------------------------\|---------------------------------------------\|\| ( \| i \| ) less than thirty-five per cent \| equivalent to the royalty payable \|\| of manganese content \| \| \| \|\| 5 \| \| \| \|\| ( \| ii \| ) thirty-five per cent and above \| equivalent to five hundred per cent of the \|\| of manganese content \| royalty payable \| \| \|\| 6 \| other minerals \| equivalent to the royalty payable \| \|\| ( \| ii \| ) for auctioned captive mines (other than coal and lignite): \| \|\| sno \| quantity of sale \| additional amount \| \|\| 10 \| \| \| \|\| 1 \| sale of mineral up to twenty-five \| nil \| \|\| per cent of annual production \| \| \| \|\| 2 \| sale of mineral more than \| equivalent to fifty per cent of the royalty \| \|\| twenty-five per cent and up to \| payable \| \| \|\| fifty per cent of annual production \| \| \| \|\| ( \| iii \| ) for coal and lignite: \| \|\| 15 \| \| \| \|\| sno \| type of mine \| additional amount \| \|\| 20 \| \| \| \|\| 25 \| \| \| \|\| 30 \| \| \| \|\| 35 \| \| \| \|\| 40 \| \| \| \|\| 45 \| \| \| \|\| 1 \| ( \| i \| ) captive coal and lignite mines, \|\| auctioned for power sector \| royalty payable \| \| \|\| through reverse bidding under the \| \| \| \|\| coal mines (special provisions) \| \| \| \|\| act, 2015 (11 of 2015) \| \| \| \|\| ( \| ii \| ) captive coal and lignite mines \| equivalent to the royalty payable \|\| allocated through auction route \| \| \| \|\| (other than mines covered under \| \| \| \|\| item no ( \| iv \| )) \| \|\| ( \| iii \| ) captive coal and lignite mines \| equivalent to the royalty payable \|\| allocated through allotment route \| \| \| \|\| (other than mines covered under \| \| \| \|\| item nos ( \| i \| ) and ( \| iv \|\| ( \| iv \| ) for captive coal and lignite \| \|\| mines that were auctioned and \| \| \| \|\| allotted with condition allowing \| \| \| \|\| sale of coal up to twenty-five \| \| \| \|\| per cent of annual production— \| \| \| \|\| ( \| a \| ) for sale of coal up to \| additional amount payable as per the \|\| twenty-five per cent \| condition mentioned in the tender document \| \| \|\| of annual production \| or allotment document \| \| \|\| ( \| b \| ) for sale of coal more \| fifty per cent of the royalty payable \|\| than twenty-five per cent \| \| \| \|\| and up to fifty per cent of \| \| \| \|\| annual production \| \| \| \|\| explanation \| —for the purposes of this schedule, it is hereby clarified that— \| \| \|\| ( \| i \| ) the additional amount shall be in addition to royalty or payment to the district \| \|\| mineral foundation and national mineral exploration trust or any other statutory \| \| \| \|\| payment or payment specified in the tender document or the auction premium (wherever \| \| \| \|\| applicable) \| \| \| \|\| ( \| ii \| ) \| ad \|\| coal and lignite shall be based on national coal index and representative price of coal \| \| \| \|\| excluding the taxes, levies and other charges" \| \| \| \| statement of objects and reasonsthe mines and minerals (development and regulation) act, 1957 (the act) was enacted with a view to provide for the development and regulation of mines and minerals under the control of union2 the act was comprehensively amended in 2015 to bring several reforms in the mineral sector, notably, mandating auction of mineral concessions to improve transparency, establishing district mineral foundation and national mineral exploration trust and stringent penalty for illegal mining the act was further amended in the years 2016 and 2020 to allow transfer of leases for non-auctioned captive mines and to deal with the emergent issue of expiry of leases on 31st march 20203 in order to fully harness the potential of the mineral sector, increase employment and investment in the mining sector including coal, increase the revenue to the states, increase the production and time bound operationalisation of mines, maintain continuity in mining operations after change of lessee, increase the pace of exploration and auction of mineral resources and resolve long pending issues that have slowed the growth of the sector, it is felt necessary to further amend the said act4 the mines and minerals (development and regulation) amendment bill, 2021, inter alia, provides for the following, namely:—(i) to remove the distinction between captive and merchant mines by providing for auction of mines in future without restriction of captive use of minerals and allowing existing captive mines including captive coal mines to sell up to fifty per cent of the minerals produced after meeting the requirement of linked end use plants to ensure optimal mining of mineral resources and specify the additional amount to be charged on such sale the sale of minerals by captive plants would facilitate increase in production and supply of minerals, ensure economies of scale in mineral production, stabilize prices of ore in the market and bring additional revenue to the states;(ii) to provide for payment of additional amount to the state government on extension and grant of mining lease of government companies to create level playing field between the auctioned mines and the mines of government companies;(iii) to provide that all the valid rights, approvals, clearances, licences and the like granted to a lessee in respect of a mine shall continue to be valid even after expiry or termination of lease and such clearances shall be transferred and vested to the successful bidder of the mining lease this will ensure continuity in mining operations even with change of lessee, conservation of mineral and avoid repetitive and redundant process of obtaining clearances again for the same mine;(iv) to grant short term mining lease to government companies in situations where the auction of mines pursuant to sub-section (4) of section 8a has failed;(v) to empower the central government to issue directions regarding composition and utilisation of fund by the district mineral foundation;(vi) to close the pending cases of non-auctioned concession holders which have not resulted in grant of mining leases despite passage of a considerable time of more than five years the existence of these cases is anachronistic and antagonistic to the auction regime the closure of the pending cases would facilitate the government to put to auction a large number of mineral blocks in the interest of nation resulting in early operationalisation of such blocks and additional revenue to the state governments;(vii) to remove the restrictions on transfer of mineral concessions for non-auctioned mines to attract fresh investment and new technology in the sector;(viii) to empower the central government to notify the area and conduct auction in cases where the state governments face difficulty in notifying the areas and conducting auction or fails to notify the area or conduct auction in order to ensure auction of more number of mineral blocks on regular basis for continuous supply of minerals in the country;(ix) to fix a time-frame for grant of leases for the areas reserved for government companies for expediting grant of leases and production by the government companies; and(x) to amend section 21 of the act so as to clarify the expression "without any lawful authority" in order to limit its scope to the violations of the said act and the rules made thereunder the said amendment will bring clarity and certainty to the mining sector 5 the bill seeks to achieve the above objectivesnew delhi;pralhad joshithe 10th march, 2021 financial memorandumthe bill seeks to amend the mines and minerals (development and regulation) act,1957 (the act) to develop the mining sector to its full potential for faster economic growth2 clause 12 of the bill proposes to insert two provisos in clause (b) of sub-section (2)of section 10a of the said act the first proviso provides that upon commencement of the mines and minerals (development and regulation) amendment act, 2021, the rights of concession holders under clause (b) of sub-section (2) of section 10a to obtain a prospecting licence followed by a mining lease or a mining lease, as the case may be, shall lapse the second proviso provides that the holder of a reconnaissance permit or prospecting licence whose right has lapsed under the proposed first proviso shall be reimbursed for expenditure incurred towards reconnaissance permit or prospecting operations in such manner as may be prescribed by the central government3 the financial implication of this amendment will be to the extent of payment of reimbursement by the central government to the holders of a reconnaissance permit or prospecting licence whose rights have lapsed this expenditure on account of reimbursement may increase in case any foreign investor invokes bilateral investment promotion and protection agreements executed between india and other countries the value of awards, if any, of arbitration bodies under the said agreement cannot be estimated at this stage4 the expenditure is to be incurred from the funds of the national mineral exploration trust established under section 9c of the act the said trust is established for the purpose of funding regional and detailed exploration of minerals the holder of a mining lease or composite licence is mandated to pay to the trust, a sum equivalent to two per cent of royalty paid in terms of the second schedule of the act at present around six hundred crore rupees accrues annually to the trust and the trust has around one thousand seven hundred crore rupees after taking into account the projects sanctioned by the trust the accrual to and expenditure from the trust are done through consolidated fund of india5 in case the funds accrued to the trust are not sufficient for reimbursement, the expenditure will be made from the consolidated fund of india through budgetary allocation all the expenditure from the trust and consolidated fund of india would be of non-recurring nature6 the amount of reimbursement will be recouped from successful bidders of the mineral concession in that area and will be deposited in the trust however, recouping of amount would depend on successful auction of these blocks memorandum regarding delegated legislationclause 13 of the mines and minerals (development and regulation) amendment bill, 2021 seeks to amend sub-section (2) of section 13 of the mines and minerals (development and regulation) act, 1957 to make rules for carrying out the provisions of the proposed legislation which are as under:—(i) the period of mining lease under sub-section (4) of section 8;(ii) the manner of sale of mineral by the holder of a mining lease undersub-section (5) of section 8;(iii) the manner of sale of mineral under sub-section (7a) of section 8a;(iv) the manner for reimbursement of expenditure towards reconnaissance permitsor prospecting operations under second proviso to clause (b) of sub-section (2) of section 10a;(v) the manner of granting mining lease to the preferred bidder under the secondproviso to sub-section (4) of section 10b;(vi) the manner of granting composite licence to the preferred bidder under thesecond proviso to sub-section (5) of section 11; and(vii) the manner of granting mining lease by the state government to the holder of the composite licence under sub-section (10) of section 112 the matters in respect of which rules may be made and notifications issued are matters of procedure and administrative detail and it is not practicable to provide for them in the proposed legislation itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the mines and minerals (development and regulation) act, 1957 (67 of 1957) 3 in this act, unless the context otherwise requires,—definitions(a) "leased area" means the area specified in the mining lease within which mining operations can be undertaken and includes the non-mineralised area required and approved for the activities falling under the definition of mine as referred to in clause (i);(aa) "minerals" includes all minerals except mineral oils; 35 of 1952(i) the expressions, "mine" and "owner", have the meaning assigned to them in the mines act, 1952 chapter ii general restrictions on undertaking prospecting and mining operations4 (1) no person shall undertake any reconnaissance, prospecting or mining operations in any area, except under and in accordance with the terms and conditions of a reconnaissance permit or of a prospecting licence or, as the case may be, of a mining lease, granted under this act and the rules made thereunder:prospecting or mining operations to be under licence or leaseprovided that nothing in this sub-section shall affect any prospecting or mining operations undertaken in any area in accordance with terms and conditions of a prospecting licence or mining lease granted before the commencement of this act which is in force at such commencement:18 of 2013provided further that nothing in this sub-section shall apply to any prospecting operations undertaken by the geological survey of india, the indian bureau of mines, the atomic minerals directorate for exploration and research of the department of atomic energy of the central government, the directorates of mining and geology of any state government (by whatever name called), and the mineral exploration corporation limited a government company within the meaning of clause (45) of section 2 of the companies act,2013, and any such entity that may be notified for this purpose by the central government: 4a (1) termination of prospecting licences or mining leases(4) where the holder of a mining lease fails to undertake mining operations for a period of two years after the date of execution of the lease or having commenced mining operations, has discontinued the same for a period of two years, the lease shall lapse on the expiry of the period of two years from the date of execution of the lease or, as the case may be, discontinuance of the mining operations:provided that the state government may, on an application made by the holder of such lease before it lapses and on being satisfied that it will not be possible for the holder of the lease to undertake mining operations or to continue such operations for reasons beyond his control, make an order, within a period of three months from the date of receiving of such application, subject to such conditions as may be prescribed, to the effect that such lease shall not lapse:provided further that such lease shall lapse on failure to undertake mining operations or inability to continue the same before the end of a period of six months from the date of the order of the state government:provided also that the state government may, on an application made by the holder of a lease submitted within a period of six months from the date of its lapse and on being satisfied that such non-commencement or discontinuance was due to reasons beyond the control of the holder of the lease, revive the lease within a period of three months from the date of receiving the application from such prospective or retrospective date as it thinks fit but not earlier than the date of lapse of the lease:provided also that no lease shall be revived under the third proviso for more than twice during the entire period of the lease 5 (1) a state government shall not grant a reconnaissance permit, prospecting licence or mining lease to any person unless such person—\| \|\|----------------\|\| restrictions \|\| on the grant \|\| of prospecting \|\| licences or \|\| mining leases \|(b) satisfies such conditions as may be prescribed:procided that in respect of any mineral specified in part a and part b of the first schedule, no reconnaissance permit, prospecting licence or mining lease shall be granted except with the previous approval of the central government:provided further that the previous approval of the central government shall not be required for grant of reconnaissance permit, prospecting licence or mining lease in respect of the minerals specified in part a of the first schedule, where,—8a (1) (8) notwithstanding anything contained in this section, the period of mining leases, including existing mining leases, of government companies or corporations shall be such as may be prescribed by the central government\| \|\|-----------------\|\| period of grant \|\| of a mining \|\| lease for \|\| minerals other \|\| than coal, \|\| lignite and \|\| atomic \|\| minerals \|8b (1) the provisions of this section shall apply to minerals, other than the minerals specified in part a and part b of the first scheduleprovisions for transfer of statutory clearances(2) notwithstanding anything contained in this act or any other law for the time being in force, the successful bidder of mining leases expiring under the provisions of sub-sections (5)and (6) of section 8a and selected through auction as per the procedure provided under this act and the rules made thereunder, shall be deemed to have acquired all valid rights, approvals, clearances, licences and the like vested with the previous lessee for a period of two years:provided that subject to such conditions as may be prescribed, such new lessee shall apply and obtain all necessary rights, approvals, clearances, licences and the like within a period of two years from the date of grant of new lease(3) notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the new lessee to continue mining operations on the land, in which mining operations were being carried out by the previous lessee, for a period of two years from the date of commencement of the new lease 9b (1) district mineral foundation(3) the composition and functions of the district mineral foundation shall be such as may be prescribed by the state government 10 of 2015(5) the holder of a mining lease or a prospecting licence-cum-mining lease granted on or after the date of commencement of the mines and minerals (development and regulation) amendment act, 2015, shall, in addition to the royalty, pay to the district mineral foundation of the district in which the mining operations are carried on, an amount which is equivalent to such percentage of the royalty paid in terms of the second schedule, not exceeding onethird of such royalty, as may be prescribed by the central government10 of 2015(6) the holder of a mining lease granted before the date of commencement of the mines and minerals (development and regulation) amendment act, 2015, shall, in addition to the royalty, pay to the district mineral foundation of the district in which the mining operations are carried on, an amount not exceeding the royalty paid in terms of the second schedule in such manner and subject to the categorisation of the mining leases and the amounts payable by the various categories of lease holders, as may be prescribed by the central government9c (1) the central government shall, by notification, establish a trust, as a non-profit body, to be called the national mineral exploration trustnational mineral exploration trust 10a (1) rights of existing concession holders and applicants10 of 2015(2) without prejudice to sub-section (1), the following shall remain eligible on and from the date of commencement of the mines and minerals (development and regulation) amendment act, 2015: —(a) applications received under section 11a of this act;10 of 2015(b) where before the commencement of the mines and minerals (development and regulation) amendment act, 2015 a reconnaissance permit or prospecting licence has been granted in respect of any land for any mineral, the permit holder or the licensee shall have a right for obtaining a prospecting licence followed by a mining lease, or a mining lease, as the case may be, in respect of that mineral in that land, if the state government is satisfied that the permit holder or the licensee, as the case may be,—(i) has undertaken reconnaissance operations or prospecting operations, as the case may be, to establish the existence of mineral contents in such land in accordance with such parameters as may be prescribed by the central government;(ii) has not committed any breach of the terms and conditions of the reconnaissance permit or the prospecting licence;(iii) has not become ineligible under the provisions of this act; and (iv) has not failed to apply for grant of prospecting licence or mining lease, as the case may be, within a period of three months after the expiry of reconnaissance permit or prospecting licence, as the case may be, or within such further period not exceeding six months as may be extended by the state government; 10b (1) the provisions of this section shall not be applicable to cases covered by section 10a or section 17a or to minerals specified in part a or part b of the first schedule or to land in respect of which the minerals do not vest in the government grant of mining lease in respect of notified minerals through auction(3) in areas where the existence of mineral contents of any notified mineral is established in the manner prescribed by the central government, the state government shall notify such areas for grant of mining leases for such notified mineral, the terms and conditions subject to which such mining leases shall be granted, and any other relevant conditions, in such manner as may be prescribed by the central government(4) for the purpose of granting a mining lease in respect of any notified mineral in such notified area, the state government shall select, through auction by a method of competitive bidding, including e-auction, an applicant who fulfils the eligibility conditions as specified in this act [10] m c(6) without prejudice to the generality of sub-section (5), the central government shall, if it is of the opinion that it is necessary and expedient to do so, prescribe terms and conditions, procedure and bidding parameters in respect of categories of minerals, size and area of mineral deposits and a state or states, subject to which the auction shall be conducted:provided that the terms and conditions may include the reservation of any particular mine or mines for a particular end-use and subject to such condition which allow only such eligible end users to participate in the auction [10] m cgrant of nonexclusive reconnaissance permits10c (1) non-exclusive reconnaissance permits may be granted in respect of any notified mineral or non-notified mineral or a group of specified minerals, other than minerals specified in part a or part b of the first schedule, subject to such terms and conditions as may be prescribed by the central government(2) the holder of such non-exclusive reconnaissance permit shall not be entitled to make any claim for the grant of any prospecting licence-cum-mining lease or a mining lease:provided that the holder of non-exclusive reconnaissance permit who carries out the prescribed level of exploration in respect of deep seated minerals or such minerals as may be notified by the central government, may submit an application to the state government for the grant of any prospecting licence-cum-mining lease as per the procedure laid down under section 11 or a mining lease as per the procedure laid down under section 10b and with a view to increase the reconnaissance and prospecting operations of such minerals, the central government shall prescribe such procedure, including the bidding parameters for selection of such holdersexplanation—for the purposes of this sub-section, the expression "deep seated minerals" means such minerals which occur at a depth of more than three hundred meters from the surface of land with poor surface manifestations11 (1) the provisions of this section shall not be applicable to cases covered by section 10a or section 17a or to minerals specified in part a or part b of the first schedule or to land in respect of which minerals do not vest in the government grant of prospecting licence-cummining lease through auction in respect of minerals other than notified minerals(4) the state government shall notify the areas in which prospecting licence-cummining leases shall be granted for any minerals other than notified minerals, the terms and conditions subject to which such prospecting licence-cum-mining leases shall be granted, and any other relevant conditions, in such manner as may be prescribed by the central government(5) for the purpose of granting prospecting licence-cum-mining leases, the state government shall select, through auction by method of competitive bidding, including e-auction, an applicant who fulfils the eligibility conditions as specified in this act (10) a holder of a prospecting licence-cum-mining lease, who completes the prospecting operation as laid down in sub-section (9) and establishes the existence of mineral contents in the area in conformity with such parameters as may be prescribed for this purpose by the central government, shall be required to apply for a mining lease for such area and shall have the right to get the mining lease and thereafter undertake mining operations in accordance with the provisions of this act [10] m c12a (1) transfer of mineral concessions(2) a holder of a mining lease or a prospecting licence-cum-mining lease granted in accordance with the procedure laid down in section 10b or section 11 may, with the previous approval of the state government, transfer his mining lease or prospecting licence-cummining lease, as the case may be, in such manner as may be prescribed by the central government, to any person eligible to hold such mining lease or prospecting licence-cummining lease in accordance with the provisions of this act and the rules made thereunder [10] m c(6) the transfer of mineral concessions shall be allowed only for concessions which are granted through auction:provided that where a mining lease has been granted otherwise than through auction and where mineral from such mining lease is being used for captive purpose, such mining lease may be permitted to be transferred subject to compliance of such terms and conditions and payment of such amount or such amount or transfer charges as may be prescribedexplanation—for the purposes of this proviso, the expression "used for captive purpose" shall mean the use of the entire quantity of mineral extracted from the mining lease in a manufacturing unit owned by the lessee chapter iv rules for regulating the grant of prospecting licences and mining leases13 (1) the central government may, by notification in the official gazette, make rules for regulating the grant of reconnaissance permits, prospecting licences and mining leases in respect of minerals and for purposes connected therewithpower of central government to make rules in respect of minerals(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:— (qqh) the terms and conditions for grant of non-exclusive reconnaissance permits under sub-section (1) of section 10c; (qqk) the amount to be payable by a government company or corporation, or a joint venture for grant of mining lease under sub-section (2c) of section 17a; and(r) any other matter which is to be, or may be, prescribed under this act 17a (1) reservation of areas for purposes of conservation(2a) where in exercise of the powers conferred by sub-section (1a) or sub-section (2), the central government or the state government, as the case may be, reserves any area for undertaking prospecting or mining operations, the state government shall grant prospecting licence or mining lease, as the case may be, in respect of such area to such government company or corporation:provided that in respect of any mineral specified in part b of the first schedule, the state government shall grant the prospecting licence or mining lease, as the case may be, only after obtaining the previous approval of the central government (2c) a mining lease granted to a government company or corporation, or a joint venture, referred to in sub-sections (2a) and (2b), shall be granted on payment of such amount as may be prescribed by the central government penalties21 (1) 2 of 1974(6) notwithstanding anything contained in the code of criminal procedure, 1973, an offence under sub-section (1) shall be cognizable lok sabha———— a billfurther to amend the mines and minerals (development and regulation) act, 1957————(shri pralhad joshi, minister of parliamentary affairs, coal and mines)mgipmrnd—1586ls(s3)—11-03-2021	Parliament_bills	b9d08acb-8ca2-518a-a856-915948f91637
bill no 318 of 2015 the motor vehicles (amendment) bill, 2015 byshri dushyant chautala, mp a billfurther to amend the motor vehicles act, 1988be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the motor vehicles (amendment) act, 2015short title and commencement(2) it shall come into force on such date as central government may, by notification inthe official gazette, appointamendment of section 2''(17a) institute of driving training and research'' means an institution established under sector 215a''3 after section 215 of the principal act, the following section shall be inserted, namely:—insertion of new section 215a5''215a (1) the central government for every district in the union territories and the state government concerned for every district in the state, shall, by notification in the official gazette, establish at least one institute of driving training and research for carrying out the purposes of this actestablishment of institutes of driving training and research in every district(2) every institute of driving training and research established under sub-section(1), shall discharge the following functions—(a) impart training to persons who intend to seek driving licence;10(b) providing periodical refresher course to the drivers; (c) undertake research on road safety; and(d) any other function as may be assigned to it by the central government or the state government, as the case may be'' statement of objects and reasonsaccording to the report titled ''road accidents in india, 2013'' of the union ministry of road transport and highways, the total number of reported road accidents in the year 2012 and 2013 were 4,90,383 and 4,86,476, respectively, and the number of persons killed were 1,38,258 and 1,37,572, respectively further, the severity of accidents (number of persons killed per 100 accidents) for the years 2012 and 2013 was 282 and 283, respectively the data indicates that despite the reduction in the number of persons killed during 2013, the accident severity had increased as compared to the previous yearit has also been noticed that for the year 2013, about 78 per cent of the road accidents were caused due to human errors ie due to fault of drivers these statistics clearly indicate that many drivers who have been given the licence to drive are not properly trainedthus, today the country needs an institutional mechanism which can impart holistic training to the licence seekers as well as to the drivers these institutions shall educate these persons the correct method of driving, get them acquainted with different driving environment and make them educated about road safety rules and regulations further, such institutions shall also conduct research and surveys for developing a better road safety guidelines and techniquesa scheme for setting up a model driving training institute was formulated by the government and during the 11th five year plan, eight institutes of driving training and research were sanctioned however, as on date, only three are functional hence, there is a need that such institutions in large number with at least one institute per district in the country be establishedthe bill, therefore, seeks to amend the motor vehicles act, 1988 with a view to establish at least one institute of driving training and research in each district of the country so that the number of road accidents and consequently the number of deaths in road accidents can be brought down in the countryhence this billnew delhi;dushyant chautalanovember 18, 2015 financial memorandumclause 3 of the bill seeks to provide for establishment of at least one institute of driving training and research by central government in each district in the union territories and state governments in every district of the state to impart training to persons intending to seek driving licence the expenditure in relating to the state shall be borne from the consolidated funds of the respective states and expenditure relating to union territories shall be incurred from the consolidated fund of india the bill, therefore, if enacted, would involve expenditure of about rupees fifty two crore and forty lakhs per annum from the consolidated fund of indiaa non-recurring expenditure of about rupees forty four crore is also likely to be involved lok sabha———— a billfurther to amend the motor vehicles act, 1988————(shri dushyant chautala, mp)gmgipmrnd—2941ls(s3)—08-12-2015	Parliament_bills	5ca84020-5f57-5339-a2ea-8448f866d9b5
bid no 70 of '1981' _ _- ---- the export-import bank of india bn,l,· ' i981 arrangement of clauses chapi'er ipal:launary clausfb1 short title, extent and commencement 2 definitions chapter ii establisjppnt of the exfort-import bank of india ann incorporation thereof3 establishment and incol'j'ol'ation of exporwmport bank of india 4 authorised capital chapter iii management 01' the exim bank5 management 6 constitution of board '1 committees 8 fees and allowances of directors and members of committees " -, 9 disquali~cations chapter iv business of the exim bank10- bw\iness"of exim bank chapter v resources of the exim bank11 loans by central government 12 borrowings and acceptance of deposits by ex;i~ b~dk 13 loans in foreign currency 14 grants, donations, etc, to exim bank chapi'er vi export development fund15 export development fund clauses16 credits to export development fund 17 utilisation of export development fund 18 debits to export development fund 19 accounts and audit of export development fund 20 liquidation of export development fund chapi'er vii general fund, accounts and audit21 general fund 22 preparation of accounts and balance-sheet 23 disposal of profits accruing to general fund 24 audit 25 saving chapter viii transfer of part of bus!nfss of developmj:nt bank26 transfer of part of business of development bank chapter ix miscellaneous27 staff of exim bank 28 delegation of powers 29 returns 30 obligation as to fidelity and secrecy 31 defects in appointments not to invalidate acts, etc 32 arrangement with exim bank on appointment of directon to prevail 33 indemnity of directors 34 protection of action taken in good faith 35 act 18 of 1891 to apply in relation to exim bank 36 section 34a and section 36ad only of act 10 of 1949 to apply to exim bank 37 act 43 of 1961 and act 7 of 1964 not to apply to exim bank 38 liquidation of exim bank 39 power to make regulations 40 amendment of certain enactments 41 power to remove difficulty the first schedule the second schedule the exe?,ort-import ba[k of i~dia bill, 1981 (to belas introduced in ipk sabha)1 page 5, line 33;-ru "trat" ~ "that" 2 page 13, lines 23 and 24,-fqr "finaning" nad "financing" 3 page 18, line 32, in column (i),-, for "clause, ( viii)" ~ "clause (byiii)" 4 page 19, line 5, in columri (i)1-for "( 4)" ~ ii( 4j) " 5 page 19, in co lumn (2),-against line 29,- in se r t "ib - " ' page 19, ljne 31, in column (i),-omit "full" ? page 2-, line 8 from bo t tom, -, !q!: "ctivi ties" ~ "act;ivi ties 1f 8 page 2', line ? from bo t tom,-nu: "0 grant" ntaf1 lito grant" 9 p ag'e 30, line 10 from bo ttom,-,fqr "and" ~ "any" new dellii; may 4, 1981 vaisakha14, 1903,( saka) bill no 70 of 1981 the export-import bank of india bill, 1981 a billto establish a corporation to be known as the export-import bank of india for providing financial assistance to exporte'j's and importers, and for functioning as the principal financial institution for co-ordinating the working of institution! engaged in financing export and import of goods and sertlices with a view to promoting the country's international trade and for matters connected therewith or incidental thereto be h enacted by parliament in the thirty-second year of the republic of india as follows:- chapi'er i preliminary5 1 (1) this act may be called the export-import bank of india act, 1981 short title, extent and colqdlenceldlint !! ~ '(2) it extends to the whole of india (3) it shall come into force on such date as the central ;-, ' government may, by notification in the official gazette, appoint, f 0 and different dates may be appoillt~d for di~erent provislom of this act 2 in this act, unless the context otherwise requires,-(a) "boardl ' means the board cif directors of the exim bank referred tq in section 6; (b) "development bank" means the industrial development bank of india established under the indus-s trial development bank of india act, 1964; 18 of 19m (c) "exim bank" means the export-import bank of india established under section 3; (d) "export" and "import" mean, respectively, export from or import into india or any other country of goods or 10 services, or both; (f» "goods" includes all materials, commodities and articles in a solid, liquid or gaseo'us state and all fonns of energy; (f) "notification" means a notification published in i, the official gazette; (g) "prescribed" means prescribed by regulations made under this act; (h) "reserve bank" means the reserve bank of incua constituted under the reserve bank of india act, 1934; 20 2 of 193 •• ~ (i) "scheduled bank" means a bank, for the time 2 of 1934 being, included in the second schedule to the reserve bank of india act, 1934; (j) "services" includes,-(1) providing personnel (including skiue<l or un- 25 skilled workmen and persons for rendering technical or ~ other services) for the purposes of any work or project (by whatever name called') or any activity; ·(11) transferring of technology, including transferring, or securing the transfer of ri~ht8, knowhow ex- 30 pertises or other skill with respect· to any patent, invention, model, design secret formula or process or similar property; (iii) furnishing any information, blueprints, plans, or advice with respect to any matter; and (iv) making availabl~ any other resources chapter n establishment 0" the exl'ort-import bank 0" lirola and incorporation mereof u t and ideorpora tlao of i:qiort import bank of iiuua 3 (1) with effect from such date as the central government may by notification appoint there shall be established 40' for ,the purposer of this act a corporation to be known as the ~rt"fmport bank of india : (2)'l'he exim bank shall be a· body corpora~\\dth 'tbe name a!ore'!said bavinli{ l)erpetual succession an,d ,8 ~q~on 4s ,ealwi ~~f subject to the f()yi~q~s of thil a~, \q' acqtiffe~ i ht)ld 'aiitl atij, tit property and to cotttract, and may, ,bf~t~"sue)or,he sued : 'r (~) _the~~a4 oftice of the exim bank shall be at bombay , ,of,,~t~ such, otper ~~ce as th~ central government iiuly, by 5 jl9wication, specify (4) the exim bank may establish ~ces, branches or ,)ieen,;ies at nch places in or outside india as it may consider necessary ' 4 (1) ,the authodsed tapital of the exim bank shall be two authorised 10 huddred crores of rupees: capital pj:ovided that the central government may, by notification, inerease the said eapital up to five hundred crores of rupees (2) the'risued capital of the exim bank shall be wholly ~rlhd by, the central government 15 chapi'er iii management of the exim bank5: (1) 'thegelleral slilperintendenoe, direction and manage-management mentof, the affain: and business of the exim bank shall vest in the board, wfiieh may exercise all powers and do all acts ~o and things which may be exercised or done by the exim bank ,(2) : save as qtherwise provided in the regulations made under this act,-(a) the chairman, if he is a whole-time director or if he is holding offices both as the chairman and the managing 'director, or (b) the man~ging director, if the chairman is not a whole-tilile director, or, if the chairman being a wholetime <urector, is absent, shall· also have powers of general superintendence, direction 30 and management of the affairs and business of the exim bank and may also exercise all powers and do all acts and things 'wliteh tnay be exercised or done by the exim bank (3) subject to the provisions of this act, the board in discharging its functions shall act on business principles with 3s ·d·te regard to public interest (4) in the discharge of its functions under this act, the exim bank shall be guided by such directions in matters of poucyrinvolvingpublic interest as the central government ~y give to it in writing 40 6 (1) the board of directors of the exim bank shall consist constitution of ,the following, ,namely: _ of board (a) a rhairman and a managing director appointed by the central government: i' r : ' "'prowded'thatthe"same petsonmay,,1deappointeg ,to fs fwmiqij ~qth ~s chairman llnd as ma-na~ng directorj (b) one director nominated by the reeerve b~;, (c) one director nominated by the development bank; (d) one director nominated by the export credit and guarantee corporation limited, being a government company within the meaning of section 617 of the com-5 panies act, 1956; 1 of 1958 (e) not more than twelve directors nominated by the central government of whom-(i) five directors shall be officials of the centrpl government; 10 (ii) not more than three directors shall be from the sch€'duled banks; (iii) not more than four directors shall be persons who have special knowledge of, or professional experience in, export or import or financing thereof j 5 (2) the chairman and the managing director shan hold office for such term, not exceeding three years, as the central government may specify in this behalf ana any person so appointed shall he eligible for re-appointment (3) notwithstanding anything contained in sub-section (1), 20 the central government shall have the right to terminate the term of office of the chairman or the managing director, as the case may be, at any time before the expiry of the term specffied 'under sub-section (2) by giving him notice of not less than three months in writing or three months' salary and 25 allowances jn lie'll thereof, and the chairman or the managing director ae; the case may be, shall alro have the right to relinquish hie: rtffice at any time hefore the expiry of the term sperified under sub-se'!tinn (2) bv {!iving to the central government notice of not less than three months in writing or 3lj three month,,' sabry and allowances in lieu thereof (4) the chairman and the mana~ng director shall receive such salary and allowances as may be determined by the central government (5) the central government may, at any time, remove 35 the chairman or the managing director, as the case may bf, from office: providerl that no ner!'lon shall be removed from his ofrlce under this sub-section unless he has been given an opportunity of showin£r cause against his removal 40 (6) any director nominated under sub-clause (iii) 0'1 clause (e) of sub-section (1) shall hold office for a period of two years (7) any other director nominated under this section shall hold office during the pl~sqre of the authority nominating 45 ~ (8) the board shall meet at such times and places and shall obsel'yesuch rules of procedure in regard to the transaction of business at its meetings as may be prescribed (9) the chairman or, if for any reason he is unable to '5 attend a meeting of the board, the managing director or, in the event of both the chairman and the managing director being unable to attend a meeting, any other director nominated by the chairman in this behalf and in the absence of such nomination any director elected by the directors present !from 10 among themselves, shall preside at the meeting (10) all questions which come up before any meeting of the board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the chairman, or in his absence, the managing director, 15 or in the absence of both the chairman and the managing director, the person presiding, shall have and exercise a second or casting vote (11) save as otherwise provided in sub-section (10), every director of the board shall have one vote, 20 7 (1) the board may constitute such committees whether q>nunitteee, consisting wholly of directors or wholly of other persons or partly of directors and partly of other qersons for such purpose or purposes as it may think fit (2) any committee constituted under sub-section (1) shall 25 meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed fees and allowances c1i directors and members of conunitteea, 8 the directors and the members of a committee shall be paid such fees and allowances as may be prescribed for attend-30 ing the meetings of the board or of any committee constituted in pursuance of this act and for attending to any other work of the exim bank: provided trat no fees shall be payable to the chairman, if he is appointed as a whole-time chairman, or to the managing 3s director or to any other director or member who is an oftlcial of the government, the reserve bank or the development bank 9 no person shall be a director of the board constituted diaqualiftcationa under this act, who-40 (a) is, or at any time has been, adjudged insolvent, or (b) is of unsound mind and has been so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the o~on of the central government, involves moral tur-·pitude, or (4):ats, in, the,·opiitiga of tde ,cbattal;qoueillftl~ so ; ~wseg' hia~posi1ton ,as a direetor, as tto :nmdert iaia,nms' nuance ani, tbe bouddetrimental totbe iatsestaol· iha general public, or (e) has been, for any reasoft, removed,fromtbe board; 5 chapter iv business of the exim ba"hi!:19, (1) the exim bank may grant in or outside india iqansand advances by itself or in participation with 8ilybadk business of exim bank oj: financial institution whether in or outside india for ~ pul'_ 10 poses of export or import and shall also function as the principal financial institution for co-ordinating the working of institutions engaged in financing of the export and import in such manner as it may deem apprdl;lriate (2) the exim bank may also carryon and transact all or j 5 any of the following kinds of business, namely:-(a) granting loans and advances to a scheduled bank or any other bank or financial institution notified in the official gazette by the central government in this behalf by way of refinance of loans and advances granted by it for 20 purposes of export or import; (b) underwriting the issue of stocks, shares, bonds or debentures of any company engaged in export or import; (c) issuing bid bonds or guarantees in or outside india by itself or in participation with any government, bank or 25 financial institution in or outside india; (d) accepting, collecting, discounting, re-discounting, purchasing, selling or negotiating in or outside india, bills of exchange or promissory notes arising out of trlillls-actions relating to export or import and granting of loans 30 and advances in or outside india against ~h bills ,or promissory notes; (e) granting, opening, isswng, confu:ming or endoraing letters of credit and negotiating or collecting bills ,aild other documents drawn thereunc;ler; 35 (f> undertaking any transaction involviag' ·acomblna tion of government to government and commercial clltt: for purposes of export or import; (g) granting lines of credit to the' govql'did8dt'lof lily foreign state or any financial institution :qr penaollloujikie,40 india for purposes of export or import; (h) granting loans and advances 'outside india for any in?ian ,joint venture; (i) granting loans and advancesao,ajlf·pqnia~adia in connection with his equity contribution in any joint 45 ", l:vetuul'e in any country outside jndia;·' (;) financing ~xport or ~ of: 'm'at:~"'and equipment on lease basis; ',() , ," ,: (ie) subicribidg to, or investing in, or purchasing of, stocks, shares, bonda or debentures of any development bank or export-import bank of any country outside !della; 5 '(i) buying or selling of, or entering into such other dealings in, foreign exchange, as may be necessary for the discharge of its functions; (m) q:,eniilg of any account in any bank in or outside india or the making of any agency arrangement with, or aeting 8s an agent or correspondent of, any bank or other institution 1n or outside india; 10 (n) transferring, for consideration, any instrument nlatin'g to loans and advances granted by it; (0) issuing participation certificates; (p) subscribing to, or investing in, or purchasini of j 5 stocks, shares, bonds or debentures to the extent necessary for the enforcement of a lien, pledge or other contractual right; (q) undertaking and financing of research, surveys, techno-economic or any other study in connection with 120 the promotion and development of international trade; (r) providing technical, a:dministrative and financial assistance of any kind for export or import; (s) planning, promoting, developing and financing export-oriented concerns; (t) forming or conducting subsldiaries for carrying out ita fudctiodsi (1£) acting as agent of the central government, any state government, the reserve bank, the development bank or any other person as the central government may authorise; go (v) collecting, compiling and disseminating market and ereciit mformation in respect of international tl"ade; (10) doing any other kind of business which the central government may authorise; 35 (~ generally doing such other acts and things as may be tncmental to, or consequential upon, the exercise of its powers or the discharge of its duties under this act or any other law for the time being in force, including sale or transfer of any of its assets to c' (3) the exim bank may receive in co~deration of any o'f the service mentioned in sub-sections (1) and (2) such com-iiliiihn bjlokerase, interest, remuneration or fees u may be ainid upoa ~ (~) tb~ ~ baak shall not grant any loan or advance 45 or other fbi8nclal accommodation on the security of i_ cnna bonds or debentures chapter v resources of the e:xik bamtll the central government may, after due appropriation made by parliament by law in this hehalfl advance to the exim bank- ••• 5 loans by central governmenl (a) a loan of twenty crores of rupees at a rate of interest of five and a quarter per cent per annum repayable in fifteen equal annual instalments, commencm on the expiry of a period of fifteen years from the date of receipt of the loan; and 10 (b) such further sums of money by way of loan on such terms and conditions as may be agreed upo : provided that the central governmont may, on a request being made to it by the exim bank, increase the number of instalments or alter the amount of any instal- 15 ment or vary the date 011 which any instalment is payable under dause (a) ~ 12 (1) the exim bank may, for the purposes of carrying out its functions under this act,-(a) issue and sell bonds and debentures with or with- 20 out the guarantee of the central government; 'borrowings and acceptance ofdeposits byexim bank (b) borrow money from the reserve bank-(i) repayable on demand or on the expiry of fixed periods not exceeding ninety days from the date on which the money is so borrowed against the secu- 25 rity of stocks, funds and securities (other than immovable property) in which a trustee is authorised to invest trust money by any law for the time being in force in india; (ii) against bills of exchange or promissory notes 30 arising out of bona fide commercial or trade transactions and bearing two or more good signatures and maturing within five years from the date of the borrowing; (iii) out of the national industrial credit (long ss term operations) fund established under section 46c of the reserve bank of india act, 1934 for any of the 2 of 193'-purposes specified in that section; (c) borrow money from such other authority, organisation or institution in india as may generally or ape- 40 dally be approved by the central government; (d) accept deposttsrepayable 'after tbeexplry:of • : period which shall not be less than twelve monthl inm· the date of the making of the deposit on such ~,as ·'may generally or special1ybe 'approved bytbe :a~~rveas b8dk; " ' , ('' , ~ \ ~) the central government may, on a reqaett bein, made u; :it;hy the exim bank, guarantee the bonds and debentures issued ~ that bank as to the repayment of priaelpai ad the "jjayment of interest at such rate as may be ked by that s government loansln foreiln currency 46 of 1973 13 notwithstanding anything contained in the foreign exchange regulation act, 1973 or in any other law for the time being in force relating to foreign exchange, the exim bank may, for the purpose of granting loans and advanees 10' under this act, borrow, with the previous consent of the central government, foreign currency from any foreign state or from any bank or financial institution in any foreign country or otherwise 14 the exim bank may receive gifts, grants, donations or is benefactions from government or any other source in or outside india grants, donations, -m:, to exim bank chapter vi export development fund15 with effect from such date as the central government ~o may, by notification, appoint, the exim bank shall estabusb a spedal fund to be called the export development fund export develop ment fund 16 to the export development fund shall be credited-credits to export development fund (a) all amounts received for the purposes of that fund by way of loans, gifts, grants, donations or benefactions from government or any other source in or outside india; (b) repayments or recoveries in respect of loans, advances or other facilities granted from the fund; (c) income or profits from investments made from the 30 f'und; and i '(d) income accruing or arising to the fund by way of interest or otherwise, on account of the application of the fund in accordance with the provisions of section 17 utilisa tion of export development fund 17 (1) where the exim bank considers it necessary or 35 desirable so to do, it may, subject to the provisions of subsections '(2) and (3), disburse or spend from the export development fund any amount on account or in consequence of the grant of any loan or advance, or on account or in conseque~e of entering into any arrangement under sub-section (1) 40 or clause (0) or clause (c) or clause (d) or clause(q) or clause (r) or clause (8) or clause (w) or clause (x) of sud-section (2) of section 10: °providttd that before granting any such loan or advanee or ent~ngfn10 any such arrangement, the exim bank sliad olj-4s tain the: prior approvlll of the central go~mment (2) befqre seeking the approval of the central ~t udder ,su~tion (1) the exim bank ban aatiafja j 1~:t1aat banking or other ftnad0ial instjtoutions orothe: , not likely to grant such loan or advance, or to enter, mto,iqj such arrangement in the ordinary course of bl1s1~ul 5 (3) the central government shall, before giving its appr0-val, satisfy itself that such loan, advance or arrangem$dtja necessary as a matter of priority in the interests of the international trade of the country (4) for the removal of doubts, it is hereby declarecltbat 10 nothing contained in this section shall be deemed to preela4e the exim bank from granting any loan or advance or from entering into any arrangement under sub-section (1) or elaule (~) or clause (c) or clause (d) or clause (q) or clause (t') or clause (s) or clause (w) or clause (x) of sub-section (2) i, of section 10 without the approval of the central government if no amount in respect thereof is to be disbursed or spent from the export development fund 18 (1) to the export development fund shall be deblted-(a) such amounts as may 'from time to time be dil- 20 bursed or spent under sub-section (1) of section 17; debit to export development fund '(b) such amounts as may be required for discharglng the liabilities in respect of loans received for the purposes of that fund; (c) any loss arising on acco'unt of investment made is out of that fund; and (d) such expenditure arising out of, or in connection with, the administration and application of the fund may be determined by the board (2) no amount shall be debited to the export development go fund e~ept as provided for in sub-seetlon (1) 19 (1) the balance-sheet and accounts of the export,development fund shall be prepared in such form and manner as may be prescribed accounts and audit ofezport develop ment fund (2) the board shall cause· the books and accouuts of the !is export development fund to be closed and balanced as on the 31st day of december each year (3) the export development f\md shall be audited by one or more auditors (\ppcnnted by the central government tulcler sec:u9n 24 who shall make a separate report themoll 40 (4) the provisions of sub-sections (2), (8), (4) and (8) of section 24 shall, so far as may be apply in relation to the audit of the export development fund (5) the exim bank shall furnish to the central government, withiu four mcmthl-from the date, oil -wbich the ~tii 45 of the export development fund are clotedand bajanoad a ~py of the ba~anc~sh~t~nd ~c~1dlts t~~er wit~ ~ ;, oirthe-::lwlitara' report and a report on·the operation 'of the '~d,·4"'agdberelevaat year 8dd the 'cedtnl go~t abidl, 8br'jioodq 'may be after they are received by it, c811ie the imide' to be laid before each houle of parliament s zo' the elc:port development fund shall not be closed or wound up save by order of the central government and in such manner as that government may direct chapter viiliquidation of export development fund general fund, accounts and auditgeneral fund 10 11 all receipts o'f the exim bank other than those which are to 'be -credited to the export development fund under'this act shall be 'credited to a fund to be called the general fund and all payments by the exim bank, other than those which are to be debited to the export development fund, shall be r s made out of the general fund 22 (1) the balance-sheet and accounts of the exim bank shall be prepared in such form and manner as may be prescribed (2) the board shall cause the bonks and accounts of the prepara-tion of accounts and balancesheet go ex:im bank to be closed and balanced as on the 31st day of december eaeh year 23 (1) the exim bank may establish a reserve fund to which may be transferred mlch sums as that bank may deem fit out of the annual profits accruing to the general "fund disposal of profits accruing to general fund 25 (2) mter making provision for bad and doubtful debts, depreciation of assets and for all other matters for which provision is necessary or expedient or which is usually provided for by bankers and for the reserve fund referred to in subsection (1), the exim bank shall transfer the balance of the 30 net profits to the central government audit 1 qf 1956 24: (1) the account~ of the exim bank shall be audited by auditors duly q'llalified to act as auditors under sub-section (1) at section 226 of the companies act, 19::'16, who shall be appointed by the central government for such term and on 3s such remuneration as the central government may fix (2) the auditors shall be supplied with a copy of the and1ill'balance-sheet"of the exim bank and it shall be tbefr duty to examme it together with the accounts and vouchen r~~tijlg thereto and they shall have a list delivered to them 40 of all boolcs' kept ,by the exfm bank and shad at all ~a8o~ab~ ,tijn~, have access to the books, accounts, vouchers and outer cic)cuments fif the exim bank, (a)' 'fhe 8'i1ditors may, in relation to such accounts,examme any director or any ,oftlcer or other employee of the 4s exfm bank and shall be efttitled 'to require from t}w!:1!oard or· , '4)1' other employee· of the exim bank· su~b information ,and explanation as they may thmk necessary for the perfwm~n(!~ cj1 tp'~ir ~uij~~ (4) the auditors shall make a report to the bdm bank upon the annual balance-sheet and accounts examined bytbem and in every such report they shall state whether in 'th8ir opinion the balance-sheet is a full and fair baladce-lheet coiltaining all necessary particulars and properly drawn up 10 as 5 to exhibit a true and fair view of the state cif aftairs of the exim bank and in case they had called for any explanation or information from the board or any officer or other employee of the exim bank whether it has been given and whether it is satisfactory 10 (5) thp exim bank shall furnish to the central government within four months from the date on which its accounts are closed and balanced, a copy of its balance-sheet and accounts together with a copy of the auditors' report and a report of the working of the exim bank during the relevant j 5 year, and the central government shall, as soon as may be after they are received by it, cause the same to be laid before each house of parliament (6) without prejudice to anything contained in the preceding sub-sections, the central government may, at any time, 20 appoint the comptroller and auditor-general of india to examine and report upon the accounts of the exim bank and any expenditure incurred by him in connection with such examination and report shall be payable by the exim bank to the comptroller and auditor-general of india 25 saving 25 save as otherwise provided in sub-section (4) of section 19, nothing contained in this chapter shall apply to tbe export development fund chapter viii trans jon of part of business of development bank 30transfer of part of bus inebb of developmentbank 26 (1) on such date as the central government may, by notification, appoint, all business, property, assets and liabilities, rights, interest, privileges and obligations of whatever nature of the development bank in so far as they relate to the export financing functions of that bank shall stand transferred to, and 35 vest in, the exim b!lilk (2) for the transfer to, and vesting in, the exim bank under sub-section (1), the exim bank shall pay to the development bank such amount in such manner and in such number of instalments as may be determined by the central governmenl 40 (3) all contracts, deeds, bonns, agreements, powers-ofattorney, grants of legal representation and other instruments of whatever nature of the development bank which relate to the export financing functions of that bank and which are subeisung or having effect immediately before the date refer- 4s red to in sub-section (1) and to which the said bank is a party or which are in fevour of that bank shall,-(0) if they relate exclusively to the export :financing functions of that bank, be of full force ana erect against or in favour vf the exim bank, as the case may be, and may be enforced and acted upon as fully and effectively as if instead of the development bank the exim bank had been a party thereto or as if they had been issued in favour 5 of the exim bank; and (b) if they relate not only to the export financing functions of the development bank but also to any of the other functions of that bank, be of full force and effect against or in favour of both the development bank and the 10 exim bank and may be enforced or acted upon as fully and effectively as if in addition to the development bank the exim bank had also been a party thereto or as if they had been issued in favour of the development bank and also the exim bank 7 is (4) if, on the date referred to in sub-section (1), any suit, appeal or other legal proceeding of whatever nature relating to the export financing functions of the development bank is pslding, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the e:xim 20 bank of the business of the development bank or of anything contained in this act, but the suit, appeal or other proceeding may,,,-(a) where it relates exclusively to the export finaning functions of the development bank, be continued, prosecuted and enforced by or against the exim bank; and (b) where it relates not only to the export financing functions of the development bank but also to any of the other functions of that bank, be continued, prosecuted and enforced by or against the development bank and the exim bank or, if the central government by s~ order in writing so directs, by or against such one of the said two benks, as may be specified in such order (5) if any question arises as to whether any eontraat, deed, bond, agreement, powers-of-attomey, grant of legal represen-s5 taticmor other instrument referred to in wb-section (3) or any 5uit, appeal or other legal proceeding referred to in sub-section () relates or relates exclusively to the export financing functions of the development bank, it shall be referred to the central government for decision and the decision of the cen-40 tra! government thereon shall be final of 1964 (6) the provisions of this section shall have effect notwithstllllding anything eontalned in the industrial development bank of india act, 19m or any other law or any fnstrument havmgtorce by virtue of the said act or other law chapter ix 45 misci:llanilot12'1 (1o)theexim bank may appoint such number of ofilceri and· other employees 88 it aodsiders lliiceaury or dlsirable fol' the eftlclent performance of if8 funct10na and cletermine the 50 terms and concliti0d8 of their appointment and -vice (2) without prejudice to the provisions of sub-secuon(l), it shall be lawful for the exim bank to utwle, and for'the deyelopment bank: to make available the sel"v'icea of i\ich std of the development bank having expetieace re1a'tih, to export financing functions on such terms and condfttons as may s be agreed upon between the exim bank and the development b~ i dele~ uon of powers returns (3) the dlolties and conduct, terms and conditions of 8iii'¥1ce and the establishment and maintenance of a provident fum! or any other fund for the benefit of the officers and other emplo- 10 yeea of the exim bank shall be such as may be prelcribed zi the board may, by general or special order, delegate to any direeror or any offh::er or other employee of the exim bank, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions udc\er is this act es it may deem necessary 29 the exim bank shall furnish, from time to time, to the central government such returns as the central gov'el'dj!leldt may require obligation tolldelit, and secrecy 30 (1) the exim bank shall not, except as otherwise reo- 20 quired by this act or any other law, divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage customary among bankers, necell8al'y or appr0-priate for the exim bank to divulge such information 25 (2) the exim bank may, for the purpose of efficient discharge of its functions under this act, collect from, or furnish to, the central government, the development bank or any scheduled bank or such other financial institution, as may be notified in the official gazette by the central government in this behalf,30 credit information or other information as it may codsider useful for the purpose, in such manner anel at such tlmes, as it may think fit - ~nwion-for the purpose of this 8ub-eecttoo, tile_· pr~ "credit information" shall have the same men, 35 in clauie (c) of section 45a of the reserve bank of imiiaact, 1934, sub~ to the roodificatioa that "banking compaay:"'" 2 of 19m ferrec! to therein shall mean the development bmt,any duled bank or other financial institution as afereaaid (3) every director, member of a committee, auditor or am· 40 cer 0, ot~r ~ployee of the l:xim bank or cd the ~pjimiim bank whose services are utilised by the him bank ~ tm provisions of this act, shall, beforee~ upojl hie- make a declaration of fidelity and secrecy in the form set out in the first schedule 45 31 (1) no act or proceediilg of the board or of any c0mmittee of the him bank shatt be questioned on the ground mqily of tbe «x!istenee of an,-vaeiiloy, til, or4t6et ~ tile conmttutioe 01,' the boud'or t_coiiiidittee;'sstlle< __ ·~'" defects in appo-intments dol to mvalidate ada, ate (2) no act done by any person acting in , good ~th as a director shall be deemed to be invalid merely on the groulld that he was disqualified to be a director or that there was any other defect in his appointment 5 32 (1) where any arrangement entered into by the exim bank with a company provides for the appointment by the exim bank of one or more directors of such company, such provision and any 'appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to j of 1956 arradlementwith exim bank on appointment of directors to prevail " 10 the contrary contained in the compan ie03 act 1956, or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the company, and any provision regarding share qualification, agelimit, number of directorships, removal from office of directors i" and such like conditions contained in any such law or instru-- ment aforesaid, shall not apply to any director appointed by the exim bank in pursuance of the arrangement as aforesaid (2) any director appointed as aforesaid shall-20 (a) hold office during the pleasure of the exim bank and may be removed or substituted by any person by order in writing of the exim bank; (b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing the number ot directol'6 liable to such retirement indeoulity of directors 33 (1) every director shall be indemnified by the exim bank against all losses and expenses incurred by him, in, or in 30 relation to, the discharge of his duties, except such as are caused by his own wilful act or default (2) a director shall not be responsible for any other director or for any officer or other employee of the exim bank or tor any 1088 or expenses resulting to the exim bank from the 35 insufficiency or deficiency of the value of, or title to, ~ property or security acquired or tak~ on behalf of the exim bank or the insolvency or wrongful act of any debtor or any per80il under obugation to the exim bank or anything done in iood 40 faith tn the execution of the duties of his office or in relation thereto " protection of action taken in iood faith -,,~lljfo stiit· or' other legal proceeding mal1lle agabiit the 'film :bailk oranydireetol' or any oflk!er or mherimnploywiof "the'mnn'bank:orany 'other person aut~ by' ddfn bank to discharge any functions' under this actl 'fordy kii8 'or damage caused or likely to be caused by anything which is in 5 good faith done or intended to be done in pursuance of this aict'ol" any other law or provision having the force of law - , 'the bankers' books evidence act, is!}! shall apply in relm10n to the exim bank as if it were a bank as defined in seetion2 of that act 10 act 18 of 1891 to' applytll relation toexim bank 38: nothing' contained in the banking regulation act, 1949, except, 'section 34a and section 36ad thereof, shall apply to the exim bank section 34a and section 36adonly of act 10 of 1919 to apply toexlm bank 37 notwithstanding anything contained in the income-tax act, 1961, or the companies (profits) surtax act 1964 or any t 5 othec enactment for the time being in force rehiting to tax on income, profits or gains, the exim bank shall not be liable to pay income-tax, surtax or any other tax in respect of- act 43 of 1981 and act 7 of 1964 not to apply toexbn bank (~ • , income, profits or gains accruing to the export dewls>pment fuftd or any amount received to the credit 20 of that fund; and - (b) any income, profits or gains derived, or any amount recmved,' by 'the ~m bank liquidation of exim bank 38: no provision of any law relating to the winding up of companies or corporations shall apply to the exim bank and' the 25 exim bank shall not be placed in liquidation save by an order of the central government and in such manner as it may direct power to makereplatton • at!, (:1) the ,board may, with the previous approval of the 0ml'al'~' mab re,ulations not inccmsia4iebt with tma aetto'pmytde 'fot 'au matters for which provision atty,~, ~ilt for the purpose of giving e1fecttothe, provi_ go ·of/th!a·~ , f j"'(jflti partittilar aildwitbout ~udiceto:tm:i,erertttilt; ' ,dae foregoing power, such regulations may provide for~ (a) the times and placeso!> the-meetings of the board or of any committee constituted under this act and the procedure to be followed at such meetinga including the quorum necessary for the transaction of business; 5 (b) the fees and allowances that maybe paid 'td 'the dtreetors and the members of 'a committee; , (c) the form and manmer in which·tlu! ~~ and the account of the export developmert f~ ~dcil- tlje exim bank shall be prepared; 10 (d) the duties and conduct, and the terms and conditions of ~ervice of the officers and other employees of t~ exim bank; (e) the establishment and matnteaance of provldent fund or any othel- fund for the benefit of the ofileen·tiftd other employees d the exim bank; and (f) any other matter which is to be, or may be, preserihed (3) every regulation made by the board under this act shall be laid, as soon as may be after h is made, before each 20 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 modifiea-25 tion in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modifted form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation 30 ·40 thf! (>nactments specified in the second schedule shall be amended 'in the manner directed in the first column thereof and such amendments shall take effect on the dates s}>elciftecl in the second column of that schedule amend mentor certain enact ments power to remove dlftlculty 41 if any difficulty arises in giving etfectto the pj'pvns 3s of this act, the central government may, by or"" dedytjling, not inconsistent with such provisions, for the purpoje of removing the difbculty: provided that no aueh,orde,r ball bem_iiftett"the' urira-40 tion of three years from the date of commencemert-'df tiiw}\qt [see section 30 (3) ] declaration of fidelity and smcrecyi , do hereby declare that i will faithfully, truly and to the best of my skill and ability execute s and perform the duties required of me as director, member of " committee, auditor, officer or other employee (as the case may be) of the export-import bank of india and which properly relate to the office or position held by me in or in relation to the said exim bank 10 i further declare that i will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the export-import bank of india or to the affairs of any person having any dealing with the said exim bank, nor will i allow any such person to 1 s inspect or have access to any books or documents belonging to or in the possession of the said exim bank and relating to the business of the said exim bank or the business of any person having any dealing with the said exim bank (signature) 20 signed before me the second schedule (see section 40) amendments of certain mactments part i amendments to the reserve bank of india act, 1934amendments date on which amendments shall take 30 effect (i)1 in section2, after clause (viii), insert the following clause, namely:-\| the \| date \| of \|\|----------\|---------\|----------\|\| lishment \| of \| the exim \|\| bank \| \| \|\| 35 \| \| \|'(b"iiia) "exim bank" means the export-import bank of india established under the export-import bank of india act, 1981 ' 2 in section 1,,-do (a) in clause (4g), after the words "the deve1~ ment bank", insert the words "or the exim bank"; (b) in clause (4-1), after the words" development bank", insert the words "the exim bank"; 45 (c) aner clause (i-i), insert the following ~uiic, ~ly:_ amendmenta date on which amendments shall take effect (i) 5 10 '(4) the making to the exim bank the date of estabof loans and advanceslishment of the exim bank (ii) repayable on demand or on the expiry of a fixed period not exceeding ninety days, from the date of such loan or advance against the security of stocks, funds and securities (other than immovable property) in which a trustee is authorised to invest trust money by any law for the time being in force in india; or 20 (b) against the security of bills of exchange or promissory notes, arising out of bona fide commercial or trade transactions bearing two or more good signatures and maturing within five years from the date of such loan or advance, (d) in clause (12b), after the words "the devdopment bank" insert the words "the exim bank", 3 in section 42, in sub-clause (e) of the explanation under the proviso to su bose ction (1), after the 30 words "or from the full development bank", insert the words or from 'be exim bank" do 35 4 in section 46 c, in sub-section (2), after clause (b), insert the following clauses namely:-ec(e) the makingto the exim bank of loans and advances for the purposes of any business of the exim bank ; (d) the purchas~ of bonds and debentures issued by the exim bank", part ii amendment to the industrial dlsput1!8 am', 1947 (140' 1947)amendment date on which amendment shau take effect 45 in section !z, in clause ebb), after the words the date of estab-"and includes" insert the words "the export-1mlishment of the port bank of india" emn bank part iii amendmbwrsto the banking reoulation aot, rs49· (10 of 19-4-9)amendments 5 date on which amendments ~ take effect (2) (j) --------10 the date of estal>-tilitment of the :eaim bank 1 in section 18, in the explatullion, in clause (6), after the words "the lttd' __ dewlopment bank of india", insert the·weids ''or from the export-import bank ofindiatl, do do 15 il in section 3¢ inll,u~tioll (j) ~ the word "includes" ~t_ t4c' woidi c~tju: export- import bank oj~" 3 in section 36ad ill' ailb-jcctioo (3), after the word "inc1uda" insert the words "the export-import bank of india," do ll" 4 in section 56, in clause(,b) actac elipliination under clause (j) after tbeiwdrda "dleiadumial development bank of india, n , :imlcrt the m "the export import bank ()f india," statement of objects and reasons'j1iteiibtll ''see1m' i tb 'pl'alde-for 'the establishment of ~rporation to be known as the export-import bd,ofllldla"to strengthen and broad-base the existing institutional arrangem~s('to'rrt~t' the'i-~utterrt~nts of internatl0l1al tracfe which 'is-~~ to gtow'ft1i't1il!r'as the country's economy m~s rurthet'1ptogte~8 2 ~'s&l'tffit!featur~!of the '}ijill-are-(i) the export-import bankwill functien as -the principal 'financial instit~tion for' financing, india,'s internatio,nal ' trade and' for coordinating the working of siinrar institutions and' will also undertake limited development and merchant banking ~nctions in relation to export oriented fndastrif!l! ; {ii) the export-import bank of iniia will be a statutory corporation fully owned by central government; add (iii) its resources wil mainly comprise of contributions from g6vemment in the form of grants and loans, jdbket borrowings, deposits of long term duration from the p1iillic aric;l short~terrn and long-term funds of the reserve bank of lildia, 3 the bill seeks to achieve the above objects notes on uih -apfiellilllld,to -the- biu explain in detail thevario\lsprovisions ,of tbe bill ·ltiiw~ '1~''21tn april/' 1981 i clause i-this clause deals with the extent and commencement of the act clawe 2-this clause seeks to define certain expressions in the bill special mention may be made about the deftnition of the expressions "export" and "import" the said expressions have been defined in a comprehensive manner so as to cover all types of export and import of goods of all description turnliey projects and construction contracts as well as all kinds of services, including consultancy services further, these expressions would also cover the activities of export or import not only from and into india but also the third countries in connection with the project exports clause 3-this clause seeks to provide for the establishment of the export-import bank of india with headquarters at bombay and also for the establishment of its offices and branches in or outside india clawe 4-this clause deals with the share capital and the ownership of the export-import bank it provides for an authorised capital of two hundred crores of rupees which may be increased by the central government to five hundred crores further, the issued capital shall be wholly subscribed by the central government clauses 5 and 6-these two clauses intl!r alia provide for the mana~t!ment of the export-import bank and tor the vesting of the aif&irs and business of that bank in a board of directors whose strength has been fixed at the maximwn of sixteen or seventeen, depending on the circwnstances as to whether the same person is appointed to function both as chairman and managing director or two persons are to be appointed separately in respect of the two aforesaid posts it may also be mentioned that provision has been made for the representation of the exporting community on the board clause 7-this clause empowers the board to constitute committees for such purposes as it may think fit clauses 8 and 9-while clause 8 seeks to provide for the payment of fees and allowances to directors and members of the committee, clause 9 provides for the disqualifications of a rlirector clause lo-this clause gives details of the functions which can be undertaken by the export-import bank of india apart {rom the normal banking functions connected with the export and import of goods, such as grant of loans and advances, issue of guarantees anti participation certi1icates etc, a dumber of other functions are proposed to be entrusted to tlwl~inipott bank,'iii k~ping with the iyn~ jole·it hiiti1!d play in the 'field of expor't'financingsuehfwicuou iri~' !) ; i ( (a) ~g of expor~ from and importa~toddi onq' india, but also third countries of goods and services; , , '(b) financing of joint ventures in foreign countries~ (c) financing· of export and import of mac~ '~aiul equipment on lease basis; and (d) providing loans to an indian party so as'to enable' ' tb4t party to contribute in the share cap~tal of a joptt v~ture ~ a foreign country th~ ~port-import bank will also undertake limiter! merchantbarkjng functions such as under-writing of stocks, shares, bonds or ~ebentures of companies, engaged in the export or import and providing technical, administrative and financial assistariee to' parties in connection with export or import the exportldiport bank can also undertake the developing and financidi of export-oriented industries it is also proposed to entrust ~be export-import bank with the task of 'wldertaking transactions luvolving a combination of government-to-governinent and commercial credit for the purposes of export or import the bank will also give lines of credit to foreign governments and foreign financial institutions the export-import bank is alsoi>eing permitted to collaborate with similar institutions in developing countries by enabling it to participate in the share capital of such institutions in the role of the principal financial institution in the field of financing exports, it will give re-~ce to ~mmercial banks and financial institutions in respect of the loans and advances granted by them for the purpose of export and import claue8 11 and 12-clauses 11 and 12 respectively seek to provide fol' loans by the central government and borrowinsb :ancl acceptance of deposits by the export-import bank the central government is being authorised to grant a soft-loan ·of twenty crores af rupees to the bank which will be repayable in meen annual instalments after a moratorium of fifteen years, the rate of interest being five and a quarter per cent it is expected that the issued capital and the soft-term loan placed "'8t~ disposal of the export-import bank would give it funds '~quate· 'ed'ough to carry on its activities till such time as it is ·\,te tc{eam iruftlclent income for the purpose ;~·l(r''''l 1 ': 1 i ilj ;, like otberfinancial institutions, the export-import ~ -'woilltl also be able' to borrow' from the open rlu1rket thtou8h the issue of bonds and debentures besides, 1t will also' en'joy 'j'~:;~uw~~ accom~odation f~om t~e reserve ~ against (~ ~w,'iti~s and )~~nt of bllls and pro~ nota ,~i~}~~¥ ~~ ~ ,cojllijlercial an4 other transacti~ 'ill addition to the above, funds from the national mdusu-1a1 credit (long-term operations) }'und set up by the reserve badk of india at the time of the establishment of the industrial, development bank of india would also be available to the export-import 'bank for the purpose of its business clauses 13 and 14-while clause 13 enables the export-import bank to borrow foreign currency in or outside india for the purposes of its operations, clause 14 enables it to raise resources by acceptance of giits, grants, etc, either from government <ir any other sources clauses 15 to 20-these cla"lses inter alia deal with the establishment of a special fund to be called the export development fund which would be utilised mainly for the purposes of research, training, survey, market intelligence etc, in connection with the country's international trade as well as for financing proposals which are unlikely to be supported by banks and other financial institutions this is on the lines of the development assistance fund established by the industrial develop-inent bank of india the accounts of the export development fund would be maintained separately and would also be audited by statutory auditors and an annual report on its operations would be submitted to the central government cza~e 21-this clause seeks to provide for the maintenance of a general fund to which all other income earned by the export-import bank would be credited the general fund would be utilised by that bank for its normal operations claulte 22-this clause provides for the preparation of balance-sheet and profit and loss acc<7w1t of the export-import bank and closure of books and accounts as on the 31st december each year as in the case of commercial banks clause :l3-clause 23 provides that the export-import bank may establish a reserve fund to which may be transferred such sums as that bank may deem fit from out of the annual profits occurring to the general f'und it further provides that that bank shall, after making provision for bad and doubtful debts, depreciation of assets and for all other matters which are usually provided for by banks and for the reserve fund, transfer the balance of the net profits to the central government clause 24-this clause inter alia provides for the account of the export-import bank being audited by auditors duly qualified to act as such under the companies act, 1966 to be appointed by the central government the central government may also, at any time, appoint the comptroller and auditor-general to examine and report upon the account of the export-import bank 1-clause 25-this clause makes a saving provision to ediui'e that nothing contained in chapter vii except as otherwfst fovided for in 8ub-section () of aectlon l' shall apply 10 ttte export development fund clause 26-this clause provides for the transfer of the bwrineas of the development bank in so far as it relates to the export flnancing functions of that bank to the export-import bank such transfer will include all property, assets and liabilities rights, interest, privileges and obligations of what-'ever natl1r£ the consideration for such transfer shall be paid by,the export-import bank to the industrial development 'bank tn such manner and in such number of instalments as may be determined by the central government suitable provision hap also been made to cover cases of transfer to the export-import bank of functions which relate not only to the export financing functions of the development bank but allb to any of the other functions of that bank it has also been made clear that in case, any question arises as to whether any contract, deed bond, agreement, power of attorney, grant of legal repre!'lentation or other instrument referred to in subclause (3) or any suit, appeal or other proceeding referred to in sub-clause (4) relates or relates exclusively to the export financing functions of the development bank, it shall be referred to the central government whose decision thereon shall be final clause 27-clause 27 provides for the appointment of the staff by the export-import bank for the efficient performance of its functions it also ennbles the export-import bank to utilise, it'! consultation with the industrial development bank, such of its staff as have expe:-ience in export financing clause 28-this clause provides for the delegation of the powers and functions of the board under the act clause 29,-this clause makes it obligatory for the export-import bank to furnish from time to time returns to the central gclvernment clawlf> 30-this clause seeks to impose on the export-import bank the obligation not to divulge any information relating to or to the affairs of its constituents except in the circumstance~ stated in that clause it also provides for a declaration of fidelity and secrecy by the director member of a committee auditor or officer or other employee of the export-import bank or of the develpment bank whose services are utillsed by the export-import bank before entering upon his 'd\1ties clause 31-this clause is a usual provision to ensure defects in appointments etc from invalidating the acts of the board or its committees -clause 32,-this clause enables the export-import b~nk to i appoint its nominees on the board of directors of the com- )lanies which are to be assisted by it it is also provided that by'rea!!on f)f hf'fn~ th~ nnminee!l nf that bank, the directors will not i~cur any obligation or liability for anything done fit omiifm'to"be done in good faith in the discharge of their dutftl u i " ' , ' such nominees ' clause 33-this clause seeks to indemnify the direetol' of the export-import bank against all losses and expenses 1i1curred, by him in or in relation to the discharge of his duties other than those caused by his own wilful act or default , clcwae 34--,thio;: clause is the usual provision relating io protection of rction taken in good faith " " clntbes 35 and 36-thc!'ie twc clauses seek to regulate the application of the bankers' books evidence act, 1891 and to a limited extent of the banking regulation act, 1949 to the export-import bank cl4me 37-this clause pro'vides for the exemption of the export-import bank from payment of income tax and 811 other taxes on income, profits or gains and is on the lines of similar exemption given to the reserve bank nf india and to the industrial development bank of india claule 38,-:-'nlis clause ensures that no provision of a law ~e1~ting to thp wir,ding up of companies or corporationl1 shan apply to the export-import bank which shall not be placed in uquidation except by an order of the central government ctawe 39-thie clause seeks tn empower the board of directors 0f the export-tmport bank with the previous approval of the central government to make regulations not inconsistent with the act for the purpose of (!lying effect to the ~vislon6 of the act and in p8rti~u18r in respect of the matters speci1\ed in that clause dame 40-this clause !'lrovfdes for amendments to the reserve bank of india act 1934, the industrial disputer act, 1947 and the banking regulation ac:t, 1949 the amendments to the resej've bank of india act are mafnly consequential this win enllhle the reserve bank to j;trant fluitabl accommodation tn the fxport-tmport bank from out of the national industrial credit (lon~-term opertions) fund the other amendments wip f_nable the reserve b_ ,to grant accommodation to tt>~ hport-troport bank agafn~t trustt"e sectl!rlties loanr and advance!': and pnrch!'\se of foreign~hange ffom the reserve'b"n~t of india f~~ the purpose'~f ita ftnancl~ 'ctivities t"e rec;pl'v~ bnnk of tnclir is also betn~ernpbweled n rrant shnrt;-tf"t'm 10fln!j, to the l;"cnnrt-tmport ~ theamendmettt to the inrlustriaj nisputes, act, 1m7, is"to j clartfy :that the apprpnriate go~r/lt'nent iurelatl(iq to • ny r }ndusuia1 ,di'u>ute ;'wolvwg the ~'"iport-import bank will be the' cf'ntral govpmme"t the ame!,<iment tr the bankin fr re!!ulatfon act lr 101' the l'urpoge of extend1nr; tl') tho:! export-tmpnrt bank the protectjoi\ " i ' against any demand by any tribunal or authority under the jd dustrial disputes act, 194'7 for disclosure of information regarding its inner reserves the other amendment prohibits the holcling of any agitation by the staff of the export-import bank within its premises; l:laube 41-tius clause is the usual provision rela~ns to tbe making of an order by the centn:! government to re~o\;~ ~~y' dith4:wty that may arise in giving effect to the provisions ot~ act and its o~ration i6 limited to a period ot three years liolll the date of commencement of the act c~ause 4 (1) provides that the export-import bank of india shall have an authorised capital uf two hundred crores of rupees pause 4 (2) provides that the bslled capital of the export-jmp9rt bank of india "hall be wholly subscribed by the oewtral government it is proposed that a sum of fifty crores of rupees may be provided in the budget for 1981-82 for setting up the export-import bank of india a sum of twenty-five crores (jf rurees may have to be contributed by the central government annualjy from the years 1982-83 to 1987-8~ <:0 that the paid up capital is brought up to the hmit of the au1horised capital of two hundred crores of rupees f'urther contributions may have to b~ made as and when the authorised cavils1 i!; increased bey~nd rllpees two hundred crores by notification in the othcial gazette as provif1ed for under this clause, but the quantum and i;lhasfng of such contributions cannot be anticipn1c:d cit this stage clause 11 (a) provides for n loan of twenty crores of rupt>cs to the export-import bank of ir:dia from the central government at a rate of interest of five dnd a quarter per cent to be repaid in fifteen equal annual inc;talments, the repayment co:<1lmencing on the expiry of fifteen y('nr~ from the date of the receipt of the loan this loan of 1wenty crores of rupees is proposed to be given to the export-import bank of india in 1981-82 clause neb) provides for further sums of money by way of loans to the export-import bank of india from the cpntral government on such terms and conditions as may be agreed upon it may be necessary for that government from the year ]982-83 onwards to grant loans ranging from fifteen crores of rupees to twenty-five crores of rupees every year for a few years on such terms snd conditions as may be agreed upon clause 12(2) read with clause 12(1) (a) provides th~t the central government may, on a request being made by tl]e export-import bank of india, guarantee the bonds and debentures issued by that bank as to the repayment of orincipal and payment of interest at such rate as may be fixed by that gcvernment the extent of this contingent liabilltv wilt depend upon the size of the market borrowings of the 'exoott-import bank of india the exact quantum of which would be known only after the bank has started functioning clause 14 provides that the export-import bank of indfa may receive gifts, grants, donations or any benefactions from the central government it is not proposed at thts !ita1!e to make any contribution to the export-import bank of india under this provision clause' 15 provides for the establishment of aneqmitt ot!velopplent f:!-md clause 16(a) provides that all olmounts by way of loans gifts grants, donations or benefactions' from government' or any other source in india or elsewhere would' be credited to the export development fund even though no loans or grants are proposed to be given' by the central government to the fund in the year 1981-82 loans and grants ~re proposed to be provided to the fund in later years d~d; ing upon the requirements of the fund no other provision of this bill involves any other expctiditure of a recurring or non-recurring nature from out of the consolidated fund of india plause 39 ot the, bill jlrovides that the board of directors of ~e ~rt-lmport bank of india may, with the prmous appj;'oval of the central government, make regultions nat ~codai8tent with the act for giving effect to the provisions of ~ ¥t which inter alia relate to the following matters, ~~:-(a) the times and places of the meetings of the board or of any committee constituted under the act and the proc~dure to be followed at such meetings, including the quorum necessary for the transaction of business; (b) the fees and allowances that may be paid to the directors and the members of a committee: (c) the form and manner in which the balance-sheets and the account of the export development fund and the export-import bank shall be prepared; (d) the duties and conduct and the terms and conditions of service of officers and other employees of the export-import bank: (e) the establishment and maintenance of provident fund or any other fund for the benefit of the officets and other employees of the export-import bank 2 clause 41 of the bill empowers the central government to removp by order and difficulty which may arise in giving effect to the provisions of the act this is by way of abundant caution and for covering difficulties which it is not practicable to visualise 3 as the matters with respect to which i:qbulations may be made under clause 39 pertain to matters of procedure or detail and as the matters with respect to which orders may be made under clause 41 pertain to matters which it is not praeticable to visualise at this stage, the delegation of legislative power is of normal chlilracter annexure extrac'l'i!! from the reserve bank of india a'ct, 1934- (2 of 1934) - - - - - 2 in this act, unless there is anything repugnant in the subject or context,-defini_ tions - (a) "agricultural operations" includes animal husbandry, dairy and poultry farming, pisciculture and other allied activities, whether or not undertaken jointly with agricultural operations; - - - - - business which the bank may transact 17 the bank shall be authorised to carryon and transact the several kinds of business hereinafter specified, namely:-- - - - - - (4g) the making of loans and advances to, and the purchasing of bonds and debentures of, the development b:mk out of the national industrial credit (long term operations) fund established under section 46c; - - - - - - - (4-1' the making to scheduled banks, the development bank, the industrial finance corporat:on and any other financial institution as m,y, on the recommendation of the bank, be approved in this behalf by the central government of loans and advances repayable on demand or otherwise and against such security and on such other terms and cond:tions as may be approved in this behalf by the central board for the purpose of enabling such banks, or finandal institution, as the case may be, to purchase foreign exchange from the bank for the purpose of financing the import of capital goods or for such other purposes as may be approved by the central government - - - - - 42 (1) every bank included in the second schedule shall mainta:n with the bank an average daily balance the amount of which shall not be less than three per cent of the total of the demand and time liabilities in india 01 such bank as shown in the return referred to in sub-section (2): cash reserves of scheduled 'janbto be kept with the bank provided that the bank may, by notification in the gazette of india increase the said rate to such higher rate as may be specified in the notification so however that the rate shall not be more than ftfteen per cent of the total of the demand and time liabilities e3lj)1anatiofl-for the purposes of this section,-' (c) "liabilities" shall not include-- - - - - - (ii) the amount of any loan taken from the bank or from the development bank or from the agricultural refinance and development corporation, - - - - - - 46c (1) - - - - - national industrial credit (lon, term operations) fund (2) the amount in the said fund shall be applied by the bank only to the following objects, namely:-- - - - - - (b) the purchasing of bonds and debentures issued by the development bank, - - - - - - extracts from the industrial disputes a'et, 1947(14 of 1947) - - - - - - oefinitions, 2 in this act, unle~~ there is anything rep'llgnant in the subject or context-- - - - - - 10 of 5 of 4 of 3801 - - (bb) "banking company" means a banking company as defined in section 5 of the banking companies act, 1949, having branches or other e!'ltablishments in more than one state, and includes the industrial development bank of india, the reserve bank o'f india, the state bank of india, a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970, a corresponding new bank consftuted under section 3 of the banking compani'es (acquisition and transfer of undertakings) act, 1980, and any subsidiary bank as defined in the state bank of india (subsidiary banks) act, 1959; - - - - extracts from the banking regulation act, 1949cash reserve, (10 of 1949) - - - - - 18, every banking company, not being a scheduled bank, shall ma'ntain in india, by way of cash reserve with itself or 'n current account opened with the reserve bank or the state bank of india or any other bank notified by the central government in this be-ulf or part~ in oash with ,itseu and partly in such account or accowlts, a sum equivalent, to at least ,~hree per cent of the total of its time and demand liabilities in india, and shall submit to the reset'\ie bank before the fifteenth day 01 ~ry month a return howing the amount so held on friday - 26 of 1881 b~ each week of thepr~eding month with particulars of its time and 'demand liabilities in india on each such friday or 'f fri ' , 1 any such 'day is a public holiday under the negotiable instruments act, 1881, at the close of business on the preceding working day explanattion-in this section and in section 24, "liabilities in india" shall not include-•• - - - - - 2 of 1334 (b) any advance taken from the reserve bank or from the state bank of india or from the' industrial development bank of india or from the agricultural refinance corporation or from any bank notified by the central goverrment under clause (c) of the explanation to subsectbn (1) of section 42 of the reserve bank of india act, 1934 - - '" '" - - ma (1) '" '" - - production of document of confidential nature 3 of 1970 21 of 1976 40 of 1980 (3) for the purposes of this section, "banking company" indudes the industrial development bank of india, the reserve bank, the state bank of india a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970, a regional rural bank established under section 3 of the regional rural banks act, 1976, a corresponding new bank constituted under ~ection 3 of the banking companies (acquisition and transfer of undertakings) act, 1980, and any subsidiary bank '" '" '" '" '" 5 of 1970 punishm::'nts for certain activities in relation to banking companies 21 of 1976 40 of 1980 3had (1) '" '" (3) for the purposes of this section "banking company" includes the reserve bank, the industrial development bank of india, the statc i3a;1k of india, a corresponding new bank constituted under '3ection 3 of the banking companie;; (acquisition and tran~fer of undertakings) act, 1970, a hegional rural bank established under section 3 of the regional rural banks act, 1976, a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertaking'3) act, 1980, and any subsidiary bank '" '" '" '" '" '" 56 the provisions of this act, as in force for the time being, shall apply to, or in relation to, co-operative societ~es as they apply to, or in relation to, banking companies subject to the following modfications, namely:-act to apply to co-operative societle, '" '" '" '" - '" sub~~t to modificationa (j) for section 18, the following section shall be substituted, namely:-cash reserve '18 every co-operative bank, not being a state co-operative bank for the time being included in the second schedule to the reserve bank of india act, 1934, shall maintain in india, by way of cash reserve with itself or in current account opened with the reserve bank or the state bank of india or the state cooperative bank of the state concerned or with any other bank notified by the central government in this behalf or, in the case of a primary co-operative bank, with the central co-operative bank of the d·strict concernerl or partly in cash with itself and partly in such arcount or accounts, a sum equivalent to at least three per cent of the total of its time and demand liabilities in india, and shall submit to the reserve bank before the 15th day of every month a return showing the amount so held on friday of each week of the preceding month with particulars of its time and demand liabilities in india on each such friday, or, if any such friday is a public holiday under the negotiable inc;truments act, 1881, at the close of business on the preceding working day explanation-in this section and section 24 "liabilities in india" ~hall not include,- oil 2 of j 034 - (b) any advance taken from a state government, the reserve bank, the state bank of india, the industrial development bank of india, the agricultural refinance corporation or any bank notified by the central government under clause (c) of the explanation to sub-section (1) of section 42 of the reserve bank of india act, 1934; - - - , billto establish a corporation to be known as the export-import bank of india for providing financial assistance to e:cporters and importers, and for functioning as the principal financial institution for co-ordinating the working of institutions engaged in financing erport and import of goods and services '»ith a view to promoting the country's international trade and for matters connected the~with or incidental thereto (shri r venkataraman, minister of finance)	Parliament_bills	c8eaec84-46b8-5773-949b-e718df66b426
12, page 17, in the "statement of object and reasons",- (i) line 4, for "disigns" read "designs" (ii) line 18, for "follwed" read "followed" 13 page 19, in the "notes on clauses" line 11, for "incorporatied" read "incorporated" page 20, line 22, for "existign" read "existing" 14 page 21,- 15 (i) line 2, for "priorietor" and "wiring" read "proprietor" and "writing" respectively (ii) line 4, for "beign" read "being" (iii) line 28, for "maner" read "manner" 16 page 23, line 20, for "production documents" read "production of documents" page 24,- 17, (i) line 37, for "countires" read "countries" (ii) line 40, for "countires" read "countries" (iii) line 45, for "countires" read "countries" (iv) line 46, for "countires" read "countries" the designs bill, 1999 a billto consolidate and amend the law relating to protection of designs be it enacted by parliament in the fiftieth year of the republic of india as follows:— chapter i preliminaryshort title, 5 1 (1) this act may be called the designs act, 1999 (2) it extends to the whole of india \| extent \|\|-----------\|\| commence- \|\| ment \|(3) it shall come into force on such date as the central government may, by notification, in the official gazette, appoint; and different dates may be appointed for different provisions of this act, and any reference in any such provision to the commencement 10 of this act shall be construed as a reference to the coming into force of that provision definitions2 in this act, unless there is anything repugnant in the subject or context,— (a) "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately; (b) "controller" means the controller-general of patents, designs and trade marks referred to in section 3; (c) "copyright" means the exclusive right to apply a design to any article in any class in which the design is registered; (d) "design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and 10 does not include any trade mark as defined in clause (v) of sub-section (/) of section 43 of 1958 2 of the trade and merchandise marks act, 1958 or property mark as defined in 45 of 1860 section 479 of the indian penal code or any artistic work as defined in clause (c) of 14 of 1957 section 2 of the copyright act, 1957, 15 39 of 1970 (e) "high court" shall have the same meaning as assigned to it in clause (i) of section 2 of the patents act, 1970; (f) "legal representative" means a person who in law represents the estate of a deceased person; 20 (g) "original", in relation to a design, means originating from the author of such design and includes the cases which though old in themselves yet are riew in their application; (a) "patent office" means the patent offfice referred to in section 74 of the pat- 39 of 1970 ents act, 1970 (i) "prescribed" means prescribed by rules made under this act; (j) "proprietor of a new or original design" ,— 25 (i) where the author of the design, for good consideration, executes the work for some other person, means the person for whom the design is so executed; (ii) where any person acquires the design or the right to apply the design 30 to-any article, either exclusively of any other person or otherwise, means, in the respect and to the extent in-and to which the design or right has been so acquired, the person by whom the design or right is so acquired; and 35 (iii) in any other case, means the author of the design; and where the property in or the right to apply, the design has devolved from the original proprietor upon any other person, includes that other person chapter ii registration of designscontroller and other officers 3 (1) the controller-general of patents, designs and trade marks appointed under sub-section (/) of section 4 of the trade and merchandise marks act, 1958 43 of 1958 40 shall be the controller of designs for the purposes of this act (2) for the purposes of this act, the central government may appoint as many examiners and other officers and with such designations as it thinks fit (3) subject to the provisions of this act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the controller such functions 45of the controller under this act as he may, from time to time, by general or special order in writing, authorise them to discharge (4) without prejudice to the generality of the provisions of sub-section (3), the controller may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another 5 officer appointed under sub-section (2) who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred 4 a design which— (a) is not new or original; or (6) has been disclosed to the public any where in india or in any other country \| prohibition \| of \|\|----------------\|-------\|\| registration \| of \|\| certain \| \|\| designs \| \|10 by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or (c) is not significantly distinguishable from known designs or combination of known designs; or (d) comprises or contains scandalous or obscene matter, 15 'shall not be registered application for registration of designs 5 (1) the controller may, on the application of any person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, register the design under this act: provided that the controller shall before such registration refer the applicaiton for 20 examination, by an examiner appointed under sub-section (2) of section 3, as to whether such design is capable of being registered under this act and the rules made thereunder and consider the report of the examiner on such reference (2) every application under sub-section (/) shal! be in the prescribed form and shall be filed in the patent office in the prescribed manner and shall be accompanied by the 25 prescribed fee (3) a design may be registered in not more than one class, and, in case of doubt as to the class in which a design ought to be registered, the controller may decide the question (4) the controller may, if he thinks fit, refuse to register any design presented to 30 him for registration; but any person aggrieved by any such refusal may appeal to the high court (5) an application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within the prescribed time shall be deemed to be abandoned 35 (6) a design when registered shall be registered as of the date of the application for registration registration to 6 (1) a design may be registered in respect of any or all of the articles comprised in be in respect a prescribed class of articles of particular article(2) any question arising as to the class within which any article falls shall be 40 determined by the controller whose decision in the matter shall be final (3) where a design has been registered in respect of any article comprised in a class of article, the application of the proprietor of the design to register it in respect of some one or more other articles comprised in that class of articles shall not be refused, nor shall the registration thereof invalidated— 45 (a) on the ground of the design not being a new or original design, by reason only that it was so previously registered; or (b) on the ground of the design having been previously published in india or in any other country, by reason only that it has been applied to article in respect of which it was previously registered: provided that such subsequent registration shall not extend the period of copyright in the design beyond that arising from previous registration (4) where any person makes an application for the registration of a design in respect of any article and either— (a) that design has been previously registered by another person in respect of some other article; or (b) the design to which the application relates consists of a design previously 10 registered by another person in respect of the same or some other article with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, 15 then, if at any time while the application is pending the applicant becomes the registered proprietor of the design previously registered, the foregoing provisions of this section shall apply as if at the time of making the application, the applicant had been the registered proprietor of that design 7 the controller shall, as soon as may be after the registration of a design, cause publication of particulars of registered 20 publication of the prescribed particulars of the design to be published in such manner as may be prescribed and thereafter the design shall be open to public inspection designs 8 (/) if the controller is satisfied on a claim made in the prescribed manner at any power of controller to make orders regarding time before a design has been registered that by virtue of any assignment or agreement in writing made by the applicant or one of the applicants for registration of the design or by operation of law, the claimant would, if the design were then registered, be entitled thereto substitution of application, or to the interest of the applicant therein, or to an undivided share of the design or of that 25 etc interest, the controller may, subject to the 'provisions of this section, direct that the application shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicant or applicants, accordingly, as the case may require (2) no such direction as aforesaid shall be given by virtue of any assignment or agreement made by one of two or more joint applicants for registration of a design except with 30 the consent of the other joint applicant or applicants (3) no such direction as aforesaid shall be given by virtue of any assignment or agreement for the assignment of the benefit of a design unless— (a) the design is identified therein by reference to the number of the applica- 35 tion for the registration; or (b) there is produced to the controller an acknowledgment by the person by whom the assignment or agreement was made that the assignment or agreement relates to the design in respect of which that application is made; or (c) the rights of the claimant in respect of the design have been finally 40 established by the decision of a court; or (d) the controller gives directions for enabling the application to proceed or for regulating the manner in which it should be proceeded with under sub-section (5) (4) where one of two or more joint applicants for registration of a design dies at any 45time before the design has been registered, the controller may, upon a request in that behalf made by the survivor or survivors, and with the consent of the legal representative of the deceased, direct that the application shall proceed in the name of the survivor or survivors alone (5) if any dispute arises between joint applicants for registration of a design whether or in what manner the application should be proceeded with, the controller may, upon application made to him in the prescribed manner by any of the parties, and after giving to all parties concerned an opportunity to be heard, give such directions as he thinks fit for 5 enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it should be proceeded with, or for both those purposes, as the case may require certificate of 9 (1) the controller shall grant a certificate of registration to the proprietor of the registration, design when registered 10 (2) the controller may, in case of loss of the original certificate, or in any other case in which he deems it expedient, furnish one or more copies of the certificate register of designs 10 (1) there shall be kept at the patent office a book called the register of designs, wherein shall be entered the names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other 15 matter as may be prescribed and such register may be maintained wholly or partly on computer floppies or diskettes, subject to such safeguards as may be prescribed (2) where the register is maintained whoily or partly on computer under floppies or diskettes sub-section (/), any reference in this act to any entry in the register shall be construed as the reference to the entry so maintained on computer floppies or diskettes 20 (3) the register of designs existing at the commencement of this act shall be incorporated with and form part of the register of designs under this act (4) the register of designs shall be prima facie evidence of any matter by this act directed or authorized to be entered therein chapter iii 25 copyright in registered designscopyright on registration 11 (/) when a design is registered, the registered proprietor of the design shall, subject to the provisions of this act, have copyright in the design during ten years from the date of registration (2) if, before the expiration of the said ten years, application for the extension of the 30 period of copyright is made to the controller in the prescribed manner, the controller shall, on payment of the prescribed fee, extend the period of copyright for a second period of five years from the expiration of the original period of ten years 12 (1) where a design has ceased to have effect by reason of failure to pay the fee restoration of lapsed designs for the extension of copyright under sub-section (2) of section 11, the proprietor of such 35 design or his legal representative and where the design was held by two or more persons jointly, then, with the leave of the controller one or more of them without joining the others, may, within one year from the date on which the design ceased to have effect, make an application for the restoration of the design in the prescribed manner on payment of such fee as may be prescribed 40 (2) an application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the controller may require from the applicant such further evidence as he may think necessary \| procedure \| for \|\|--------------\|-------------\|\| disposal \| of \|\| applications \| \|\| for \| restoration \|13 (1) if, after hearing the applicant in cases where the applicant so desires or the controller thinks fit, the controller is satisfied that the failure to pay the fee for extension 45of the period of copyright was unintentional and that there has been no undue delay in the making of the application, the controller shall upon payment of any unpaid fee for extension of lapsed designsof the period of copyright together with prescribed additional fee restore the registration of design (2) the controller may, if he thinks fit as a condition of restoring the,design, require that any entry shall be made in the register of any document or matter which under the provisions of this act, has to be entered in the register but which has not been so entered rights of 14 (j) where the registration of a design is restored, the rights of the registered proprietor shall be subject to such provisions as may, be prescribed and to such other 5 proprietor of lapsed design which have been re-stored provisions as the controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the benefit of applying the design between the date when the registration of the design ceased to have effect and the date of restoration of the registration of the design 10 (2) no suit or other proceeding shall be commenced in respect of piracy of a registered design or infringement of the copyright in such design committed between the date on which the registration of the design ceased to have effect and the date of the restoration of the design 15 (1) before delivery on sale of any articles to which a registered design has been™ 15 applied, the proprietor shall-— requirements before delivery on sales (a) (if exact representations or specimens were not furnished on the application 20 for registration) furnish to the controller the prescribed number of exact representations or specimens of the design; and, if he fails to do so, the controller may, after giving notice thereof to the proprietor, erase his name from the register and thereupon the copyright in the design shall cease; and (b) cause each such article to be marked with the prescribed mark, or with the prescribed words or figures denoting that the design is registered; and, if he fails to do 25 so, the proprietor shall not be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design unless he shows that he took all proper steps to ensure the marking of the article, or unless he shows that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design (2) where a representation is made to the central government by or on behalf of 30 any trade or industry that in the interest of the trade or industry it is expedient to dispense with or modify as regards any class or description of articles any of the requirements of this section as to marking, the central government may, if it thinks fit, by rule under this act, dispense with or modify such requirements as regards any such class or description of articles to such extent and subject to such conditions as it thinks fit 35 effect of disclosure on copyright 16 the disclosure of a design by the proprietor to any other person, in such circumstances as would make it contrary to good faith for that other person to use or publish the design, and the disclosure of a design in breach of good faith by any person, other than the proprietor of the design, and the acceptance of a first and confidential order 40 for articles bearing a new or original tertile design intended for registration, shall not be deemed to be a publication of the design sufficient to invalidate the copyright thereof if registration thereof is obtained subsequently to the disclosure or acceptance 17 (1) during the existence of copyright in a design, any person on furnishing such information as may enable the controller to identify the design and on payment of the \| inspection \|\|---------------\|\| registered \|\| designs \|prescribed fee may inspect the design in the prescribed manner 45 (2) any person may, on an application to the controller and on payment of such fee as may be prescribed, obtain a certified copy of any registered design information as 18 on the request of any person furnishing such information as may enable the controller to identify the design, and on payment of the prescribed fee, the controller to existence of copyright shall inform such person whether the registration still exists in respect of the design, and, 50if so, in respect of what classes of articles, and shall state the date of registration, and the name and address of the registered proprietor cancellation of registration 19 (1) any person interested may present a petition for the cancellation of the registration of a design at any time after the registration of the design, to the controlier on any of the following grounds, namely:— (a) that the design has been previously registered in india; or 5 (b) that it has been published in india any other country prior to the date of registration; or (c) that the design is not a new or original design; or (d) that the design is not registrable under this act; or (e) that it is not a design as defined under clause (d) of section 2 10 (2) an appeal shall lie from any order of the controller under this section to the high court, and the controller may at any time refer any such petition to the high court, and the high court shall decide any petition so referred 20 a registered design shall have to all intents the like effect as against the government as it has against any person and the provisions of chapter xvii of the patents \| designs \|\|-------------\|\| bind \|\| government \|39 of 1970 15 act, 1970 shall apply to registered designs as they apply to patents chapter iv industrial and international exhibitionsprovisions as to exhibitions 21 the exhibition of a design, or of any article to which a design is applied, at an industrial or other exhibition to which the provisions of this section have been extended 20 by the central government by notification in the official gazette, or the publication of a description of the design, during or after the period of the holding of the exhibition, or the exhibition of the design or the article or the publication of a description of the design by any person elsewhere during or after the period of the holding of the exhibition, without the privity or consent of the proprietor, shall not prevent the design from being registered or 25 invalidate the registration thereof: provided that— (a) the exhibjtor exhibiting the design or article, or publishing a description of the design, gives to the controller previous notice in the prescribed form; and (b) the application for registration is made within six months from the date of 30 first exhibiting the design or article or publishing a description of the design chapter v legal proceedings22 (1) during the existence of copyright in any design it shall not be lawful for any person— \| piracy \|\|------------\|\| registered \|\| design \|\| 35 \|\| (a) \|\| for \|\| the \|\| purpose \|\| of \|\| sale \|\| to \|\| apply \|\| or \|\| cause \|\| to \|\| be \|\| applied \|\| to \|\| any \|\| article \|\| in \|\| any \|class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, except with the licence or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied; or (b) to import for the purposes of sale, without the consent of the registered 40 proprietor, any article belonging to the class in which the design has been registered, and having applied to it the design or any fraudulent or obvious imitation thereof; or (c) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article (2) if any person acts in contravention of this section, he shall be liable for every contravention— (a) to pay to the registered proprietor of the design a sum not exceeding twentyfive thousand rupees recoverable as a contract debt, or (b) if the proprietor elects to bring a suit for the recovery of damages for any such contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly: provided that the total sum recoverable in respect of any one design under clause (a) 10 shall not exceed fifty thousand rupees: provided further that no suit or any other proceeding for relief under this sub-section shall be instituted in any court below the court of district judge (3) in any suit or any other proceeding for relief under sub-section (2), every ground on which the registration of a design may be cancelled under section 19 shall be available as 15 a ground of defence (4) notwithstanding anything contained in the second proviso to sub-section (2), where any ground on which the registration of a design may be cancelled under section 19 has been availed of as a ground of defence sub-section (3) in any suit or other proceeding for relief under sub-section (2), the suit or such other proceeding shall be transferred by the 20 court, in which the suit of such other proceeding is pending, to the high court for decision (5) when the court makes a decree in a suit under sub-section (2), it shall send a copy of the decree to the controller, who shall cause an entry thereof to be made in the register of designs 23 the provisions of the patents act, 1970 with regard to certificates of the validity 25 39 of 1970 of a patent, and to the remedy in case of groundless threats of legal proceedings by a paten- \| application \| of \|\|----------------\|-------\|\| certain \| \|\| provisions \| of \|tee shall apply in the case of registered designs in like manner as they apply in the case of the act as to patents, with the substitution of references to the copyright in a design for reference to a patents to designs 30 patent, and of references to the proprietor of a design for references to the patentee, and of references to the design for references to the invention chapter vi general feesfees 24 (1) there shall be paid in respect of the registration of designs and applications therefor and in respect of other matters relating to designs under this act such fees as may 35 be prescribed (2) a proceeding in respect of which a fee is payable under this act or the rules made thereunder shall be of no effect unless the fee has been paid provisions as to registers and other documents in the patent office\| notice \| of \| trust \|\|---------------\|-----------\|----------\|\| 25 \| \| \|\| there \| \| \|\| shall \| \| \|\| not \| \| \|\| be \| \| \|\| entered \| \| \|\| in \| \| \|\| any \| \| \|\| register \| \| \|\| kept \| \| \|\| under \| \| \|\| this \| \| \|\| act, \| \| \|\| or \| \| \|\| be \| \| \|\| receivable \| \| \|\| by \| \| \|\| 40 \| \| \|\| not \| to \| be \|\| the \| \| \|\| controller, \| \| \|\| any \| \| \|\| notice \| \| \|\| of \| \| \|\| any \| \| \|\| trust \| \| \|\| expressed, \| \| \|\| implied \| \| \|\| or \| \| \|\| constructive \| \| \|\| entered \| 1n \| \|\| registers \| \| \|\| 26 \| \| \|\| every \| \| \|\| register \| \| \|\| kept \| \| \|\| under \| \| \|\| this \| \| \|\| act \| \| \|\| shall \| \| \|\| at \| \| \|\| all \| \| \|\| convenient \| \| \|\| times \| \| \|\| be \| \| \|\| open \| \| \|\| to \| \| \|\| the \| \| \|\| inspection \| \| \|\| of \| \| \|\| the \| \| \|\| public, \| \| \|\| subject \| \| \|\| to \| \| \|\| the \| \| \|\| provisions \| \| \|\| of \| \| \|\| this \| \| \|\| act; \| \| \|\| and \| \| \|\| certified \| \| \|\| copies, \| \| \|\| sealed \| \| \|\| inspection \| of \| \|\| and \| extracts \| \|\| from \| registers \| \|\| 45 \| \| \|\| with \| \| \|\| the \| \| \|\| seal \| \| \|\| of \| \| \|\| the \| \| \|\| patent \| \| \|\| office, \| \| \|\| of \| \| \|\| any \| \| \|\| entry \| \| \|\| in \| \| \|\| any \| \| \|\| such \| \| \|\| register \| \| \|\| shall \| \| \|\| be \| \| \|\| given \| \| \|\| to \| \| \|\| any \| \| \|\| person \| \| \|\| requiring \| \| \|\| the \| \| \|\| same \| \| \|\| on \| \| \|\| payment \| \| \|\| of \| \| \|\| the \| \| \|\| prescribed \| \| \|\| fee \| \| \|provided that where such register is maintained wholly or partly on computer, the inspection of such register under this section shall be made by inspecting the computer print out of the relevant entry in the register so maintained on computer 27 reports of or to the controller other than the report referred to in section 45 made previlege of reports of 5 under this act shall not in any case be published or be open to public inspection controller 28 where an application for a design has been abandoned or refused, the application prohibition and publica- and any drawings, photographs, tracings, representations or specimens left in connection with the application shall not at any time be open to public inspection or be published by the controller \| tion \| of \|\|----------------\|----------\|\| specification, \| \|\| drawings, \| etc, \|\| where \| \|\| application \| \|\| abandoned, \| \|\| etc \| \|\| power \| 'for \|\| controller \| to \|\| correct \| clerical \|\| errors \| \|10 29 the controller may, on request in writing accompanied by the prescribed fee, correct any clerical error in the representation of a design or in the name or address of the proprietor of any design, or in any other matter, which is entered upon the register of designs, 30 (1) where a person becomes entitled by assignments, transmission or other \| entry \| of \|\|------------\|-----------\|\| assignment \| \|\| and \| transmis- \|15 operation of law to the copyright in a registered design, he may make an application in the prescribed form to the controller to register his title, and the controller shall, on receipt of such application and on proof of title to his satisfaction, register him as the proprietor sions in registersof such design, and shall cause an entry to be made in the prescribed manner in the register of the assignment, transmission or other instrument affecting the title 20 (2) where any person becomes entitled as mortgagee, licensee or otherwise to any interest in a registered design, he may make an application in the prescribed form to the controller to register his title, and the controller shall, on receipt of such application and on proof of title to his satisfaction, cause notice of the interest to be entered in the prescribed manner in the register of designs, with particulars of the instrument, if any, creating such 25 interest (3) for the purposes of sub-section (/) or sub-section (2), an assignment of a design or of a share in a design, a mortgage, licence or the creation of any other interest in a design shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of an instrument embodying all the terms and conditions 30 governing their rights and obligation and the application for registration of title under such instrument is filed in the prescribed manner with the controller within six months from the execution of the instrument or within such further period not exceeding six months in the aggregate as the controller on the application made in the prescribed manner allows: , provided that the instrument shall, on entry of its particulars in the register under sub- 35 section (1) or sub-section (2), have the effect from the date of its execution (4) the person registered as the proprietor of a design shall, subject to the provisions of this act and to any rights appearing from the register to be vested in any other person, have power absolutely to assign, grant licences as to, or otherwise deal with, the design and to give effectual receipts for any consideration for any such assignment, 40 licence or dealing: ' provided that any equities in respect of the design may be enforced in like manner as in respect of any other movable property (5) except in the case of an application made under section 31, a document or instrument in respect of which no entry has been made in the register in accordance with the provisions of sub-sections (1) and (2) shall not be admitted in evidence in any court in proof of the title to copyright in a design or to any interest therein, unless the court, for reasons to be recorded in writing, otherwise directs ° rectification of register 31 (1) the controller may, on the application in the prescribed manner of any person aggrieved by the non-insertion in or omission from the register of designs of any entry, or by any entry made in such register without sufficient cause, or by any entry wrongly remaining on such register, or by an error or defect in any entry in such register, make such order for making, expunging or varying such entry as he thinks fit and rectify 10 the register accordingly (2) the controller may, in any proceeding under this section, decide any question that may be necessary or expedient to decide in connection with the rectification of a register 15 (3) an appeal shall lie to the high court from any order of the controller under this section and the controller may refer any application under this section to the high court for decision, and the high court shall dispose of any application so referred (4) any order of the court rectifying a register shall direct that notice of the rectification be served on the controller in the prescribed manner who shall upon the receipt of such notice rectify the register accordingly 20 (5) nothing in this section shall be deemed to empower the controller to make any such order cancelling the registration of a design as is provided for in section 19 chapter vii powers and duties of controller25 \| powers \| of \|\|-------------\|-------\|\| controller \| in \|\| proceedings \| \|\| under \| act \|32 subject to any rules in this behalf, the controller in any proceedings before him under this act shall have the powers of a civil court for the purpose of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents, issuing commissions for the examining of witnesses and awarding costs and such award shall be executable in any court having jurisdiction as if it were a decree of that court 30 33 where any discretionary power is by or under this act given to the controller, exercise of discretionary power by controller he shall not exercise that power adversely to the applicant for registration of a design without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard 34 the controller may, in any case of doubt or difficulty arising in the administra- power of 35 controller to tion of any of the provisions of this act, apply to the central government fpr directions in take directions the matter of the central government 35 (1) the controller may refuse to register a design of which the use would, in his opinion, be contrary to public order or morality refusal to register a design 1n certain cases 40(2) an appeal shall lie to the high court from an order of the controller under this section appeals to the high court 36 (1) where an appeal is declared by this act to lie from the controller to the high court, the appeal shall be made within three months of the date of the order passed by the controller (2) in calculating the said period of three months, the time (if any) occupied in granting a copy of the order appealed against shall be excluded (3) the high court may, if it thinks fit, obtin the assistance of an expert in deciding such appeals, and the decision of the high court shall be final (4) the high court may make rules consistent with this act as to the conduct and procedure of all proceedings under this act before it chapter viii evidence, etcevidence before the 10 controller 37 subject to any rules made under section 44, in any proceeding under this act before the controller, the evidence shall be given by affidavit in the absence of directions by the controller to the contrary; but in any case in which the controller thinks it right so to do he may take evidence viva voce in lieu of or in addition to evidence by affidavit or may allow any party to be cross-examined on the contents of his affidavit certificate of controller to 15 38 a certificate purporting to be under the hand of the controller as to any entry, matter or thing which he is authorized by this act, or any rules made thereunder to make or be evidence do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone \| evidence \| of \|\|-------------\|---------\|\| documents \| in \|\| patent \| office \|39 printed or written copies or extracts, purporting to be certified by the controller and sealed with the seal of the patent office, of documents in the patent office, and of or from registers and other books kept there, shall be admitted in evidence in all courts in 20 india, and in all proceedings, without further proof or production of the originals: provided that a court may, if it has reason to doubt the accuracy or authenticity of the copies tendered in evidence, require the production of the originals or such further proof as it considers necessary applications 40 any application, notice or other document authorized or required to be left, made 25 and notices by or given at the patent office or to the controller, or to any other person under this act, may post be sent by post \| declaration \| by \|\|----------------\|----------\|\| infant, \| lunatic, \|\| etc \| \|30 41 (j) if any person, is by reason of infancy, funacy or other disability, incapable of making any statement or doing anything required or permitted by or under this act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or, if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of the person subject to the disability (2) an appointment may be made by the court for the purposes of this section upon 35 the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing avoidance of 42 (j) it shall not be lawful to insert— certain (i) in any contract for or in relation to the sale or lease of an article in respect of restrictive conditions40 which a design is registered; or (ii) in a licence to manufacture or use an article in respect of which a design is registered; or (iii) in a licence to package the article in respect of which a design is registered, a condition the effect of which may be— (a) to require the purchase, lessee, or licensee to acquire from the vendor, 45 lessor, or licensor or his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor or his nominees any article other than the article in respect of which a design is registered; or (6) to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the article in respect of which a design is registered which is not supplied by the vendor, lessor or licensor or his nominee, and any such condition shall be void (2) a condition of the nature referred to in clause (a) or clause (b) of sub-section (1) shall not cease to be a condition falling within that sub-section merely by reason of the 10 fact that the agreement containing it has been entered into separately, whether before or after the contract relating to the sale, lease or licence of the article in respect of which a design is registered (3) in proceeding against any person for any act in contravention of section 22, it 15 shall be a defence to prove that at the time of such contravention there was in force a contract relating to the registered design and containing a condition declared unlawful by this section: provided that this sub-section shall not apply if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied 20 (4) nothing in this section shall— (a) affect a condition in a contract by which a person is prohibited from selling goods other than those of a particular person; (b) validate a contract which, but for this section, would be invalid; (c) affect a condition in a contract for the lease of, or licence to use, an article 25 in respect of which a design is registered, by which the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the article, in respect of which a design is registered, as may be required or to put or keep it in repair (5) the provision of this section shall also apply to contracts made before the commencement of this act if, and in so far as, any restrictive conditions declared unlawful by 30 this section continue in force after the expiration of one year from such commencement chapter ix agency43 (1) all applications and communications to the controller under this act may agency 35 39 of 1970 be signed by, and all attendances upon the controller may be made by or through a legal practitioner or by or through an agent whose name and address had been entered in the register of patent agents maintained under section 125 of the patents act, 1970 (2) the controller may, if he sees fit, require— (a) any such agent to be resident in india; 40(b) any person not residing in india to employ an agent residing in india; (c) the personal signature or presence of any applicant or other person chapter x powers, etc, of central government44 (1) any person who has applied for protection for any design in the united kingdom or any of other convention countries or group of countries or countries which are members of inter-governmental organisations, or his legal representative or assignee shall, either alone or jointly with any other person, be entitled to claim that the registration of the said design under this act shall be in priority to other applicants and shall have the same date as the date of the application in the united kingdom or any of such other convention countries or group of countries or countries which are members of inter-governmental organisations, as the case may be: 10 reciprocal arrangement with the united kingdom and other convention countries or group of countries or provided that— intergovernmental organisations (a) the application is made within six months from the application for protection in the united kingdom or any such other convention countries or group of countries or countries which are members of inter-governmental organisations, as the case may be; 15 (b) nothing in this section shal! entitle the proprietor of the design to recover damages for pircy of design happening prior to the actual date on which the design is registered in india 20 (2) the registration of a design shall not be invalidated by reason only of the exhibition or use of or the publication of a description or representation of the design in india during the period specified in this section as that within which the application may be made (3) the application for registration of a design under this section must be made in the same manner as an ordinary application under this act 25 (4) where it is made to appear to the central government that the legislature of the united kingdom or any such other convention country or a country which is member of any group of countries or inter-governmental organisation as may be notified by the central government in this behalf has made satisfactory provision for the protection of designs registered in india, the central government may, by notification in the official 30 gazette, direct that the provisions of this section, with such variations or additions, if any, as may be set out in such notification, shall apply for the protection of designs registered in the united kingdom or that other convention country or such country which is member of any group of countries or inter-governmental organisation, as the case may be explanation 1— for the purposes of this section, the expression "convention coun- 35 tries", "group of countries" or "inter-governmental organisation" means, respectively, such countries, group of countries or inter-governmental organisation to which the paris convention for protection of industrial property, 1883 as revised at stockholm in 1967 and as amended in 1979 or the final act, embodying the results of the uruguay round of multilateral trade negotiations, provided for the establishment of world trade organisation applies 40 explanation 2— where more than one application for protection referred to in subsection (/) has been made for similar protections in the united kingdom or one or more convention countries, group of countries or countries which are members of inter-governmental organisations, the period of six months referred to in cluase (a) of that sub-section 45 shall be reckoned from the date of which the earlier or the earliest application, as the case may be, of such applications has been made controller to 45 the central government shall cause to be placed before both houses of parliament once a year a report respecting the execution of this act by or under the controller be placed before parliament46 notwithstanding anything contained in this act, the controller shall-— protection of securtty of india (a) not disclose any information relating to the registration of a design or any application relating to the registration of a design under this act, which it considers prejudicial to the interest of the security of india; and (5) take any action regarding the cancellation of registration of such designs registered under this act which the central government may, by notification in the official gazette, specify in the interest of the security of india 10 explanation—for the purposes of this section, the expression "security of india" means any action necessary for the security of indian which relates to the application of any design registered under this act to any article used for war or applied directly or indirectly for the purposes of military establishment or for the purposes of war or other emergency in international relations power of 47, (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act central government to make rules 15 (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 application for registration of design, the manner of filing it at the patent office and the fee which shall accompany it, under sub-section (2) of section 5; (b) the time within which the registration is to be effected under sub-section 20 (5) of section 5; (c) the classification of articles for registration under sub-section (/) of section 6; (d) the particulars of design to be published and the manner of their publication under section 7; 25 (e) the manner of making claim under sub-section (j) of section 8; (f) the manner of making applications to the controller under sub-section (5) of section 8; (g) the additional matters required to be entered in the register of designs and the safeguards to be made in maintaining such register in computer floppies or 30 diskettes under sub-section (/) of section 10; (h) the manner of making application and fee to be paid for extension of the period of copyright under and the fee payable thereto, sub-section (2) of section 11; (i) the manner of making application for restoration of design and the fee to be paid with it under sub-section (1) of section 12; 35 (j) the manner of verification of statement contained in an application under sub-section (2) of section 12; (k) the additional fee to be paid for restoration of the registration of design under sub-section (/) of section 13; (1) the provisions subject to which the right of the registered proprietor shall 40 be under sub-section (1) of section 14 (m) the number of exact representation or specimen of the design to be furnished to the controller under clause (a) of sub-section (/) of section 15; (n) the mark, words or figures with which the atticle is to be marked denoting 45that the design is registered under clause (b) of sub-section (1) of section 15; (o) the rules to dispense with or modify as regards any class or description of articles any of the requirements of section 15 as to marking under sub-section (2) of that section; (p) the fee to be paid for and the manner of inspection under sub-section (1) of section 17; (q) the fee to be paid to obtain a certified copy of any design under sub-section (2) of section 17; (r) the fee on payment of which the controller shall inform under section 18; (s) the form for giving notice to the controller under clause (a) of the proviso 10 to section 21; (t) the fee to be paid in respect of the registration of designs and application therefor, and in respect of other matters relating to designs under sub-section (1) of section 24; 15 (u) the fee to be paid for giving certified copy of any entry in the register under section 26; (v) the fee to be accompanied with the requests in writing for correcting any clerical error under section 29; 20 (w) the form in which an application for registration as proprietor shall made and the manner in which the controller shall cause an entry to be made in the register of the assignment, transmission or other instrument effecting the title under sub-section (/) of section 30; (x) the form in which an application for title shall be made and the manner in which the controller shall cause notice of the interest to be entered in the register of designs with pariticulars of the instrument, if any, creating such interest under subsection (2) of section 30; 25 (y) the manner of filing an application for registration and for making application for extension of time as referred to in sub-section (3) of section 30; (z) the manner of making application to the controller for rectification of register under sub-section (/) of section 31; 30 (za) the manner in which the notice of rectification shall be served on the controller under sub-section (4) of section 3]; (zb) the rules regulating the proceedings before the controller under section 32; (zc) the time which shall be granted to the applicants for being heard by the controller under section 33; 35 (zd) the fee to be accompanied with an appeal under sub-section (j) of section 36; (ze) any other matter which is required to be, or may be, prescribed (3) the power to make rules under this section shall be subject to the condition of the rules being made after previous publication 40 (4) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more 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 houses45 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 act chapter xi repeal and saving48 (1) the designs act, 1911 is hereby repealed \| 2 \| of \|\|---------\|-------\|\| repeal \| and \|\| savings \| \|(2) without prejudice to the provisions contained in the general clauses act, 1987 10 of 1897 with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, determination, direction, approval, authorisation, consent, application, 10 request or thing made, issued, given or done under the designs act, 1911, shall, in force at 2 of 1911the commencement of this act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this act (3) the provisions of this act shall apply to all applications for registration of designs pending at the commencement of this act and to any proceedings consequent thereon and to any registration granted in pursuance thereof (4) notwithstanding anything contained in this act, any proceeding pending in any court at the commencement of this act may be continued in that court as if this act has not been passed 20 (5) notwithstanding anything contained in sub-section (2), the date of expiration of the copyright in the designs registered before the commencement of this act shall, sub- 25 ject to the provisions of this act, be the date immediately after the period of five years for which it was registered or the date immediately after the period of five years for which the extension of the period of copyright for a second period from the expiration of the original period has been made statement of objects and reasonssince the enactment of the designs act, 1911 considerable progress has been made in the field of science and technology the legal system for the protection of industrial designs requires to be made more efficient in order to ensure effective protection to registered disigns it is also required to promote design activity in order to promote the design element in an article of production the proposed designs bill is essentially aimed to balace these interests it is also intended to ensure that the law does not unnecessarily extend protection beyond what is necessary to create the required incentive for design activity while removing impediments to the free use of available designs to achieve these purposes, the bill incorporates inter alia, the following, namely: (a) it enlarges the scope of definition of "article" and "design" and introudces definition of "original"; (b) it amplifies the scope of 'prior publication'; (c) it incorporates the provisions for delegation of powers of the controller - to other officers and duties of examiners; (d) it contains provision for identification of non-registrable designs; (e) it contains provision for substitution of application before registration of a design; (f) it introduces internationally follwed system of classification in the place of indian classification (g) it contains provision for maintaining the register of design on computer; (h) it contains provision for restoration of lapsed designs; (i) it contains provision for appeal against order of the controller before the high court instead of central government as existing; (j) it revokes the period of secrecy of two years of a registered design; (k) it provides for compulsory registration of any document for transfer of right in the registered design; (1) it introduces additional grounds in cancellation proceedings and makes provision for initiating the cancellation proceedings before the controller in place of high court; (m) it enhances the quantum of penalty imposed for infringement of registered design (n) it contains provisions for grounds of cancellation to be taken as defence in the infringement proceedings to be initiated in any court not below the court of the district judge; (0) it enhances initial period of registration from 5 to 10 years, to be followed by a further extension of a period of five years; (p) it contains provisions for allowing of priority to other convention countries and countries belonging to the group of countries or inter-governmental organizations apart from united kingdom and other commonwealth coutnries; (q) it contains provisions for avoidance of certain restrictive conditions for the control of anti-competitive practices in contractual licences; (r) it contains specific provisions to protect the security of india 2 in view of the extensive amendments necessitated in the designs act, 1911, it has been thought fit to repeal and re-enact the said act incorporating the necessary changes 3 the bill seeks to achieve the above object the notes on clauses explain the various provisions of the bill, new delh raman singh the 4th december, 1999 not es on clausesclause 1 this clause corresponds to section 1 of the designs act, 1911 (hereafter referred to as the existing act) and deals with the short title of the bill, the area of its operation and the date of commencement as adequate steps are required to be taken for administering the proposed legislation, provision has been made to bring different provisions of the act on different dates clause 2—-this clause contains definitions of various expressions used in the bill while most of the definitions in the existing act have been retained, the definition of "original" has been incorporated vide clause (0) according to this definition, "original", in relation to a design, means originating from the auther of such design and includes the cases which though old in themselves yet are new in their application the definition of "original" has been incorporatied in order to specify the registerable designs the definitions of "article" and "design" have been amplified to align them with similar definitions internationally accepted for providing wider protection to the intellectual property the definition of "article" has been amplified for inclusion of parts of articles sold separately within its scope the definition of "design" has been amplified to incorporate therein the composition of lines and colours so as to avoid overlapping with the copyright act, 1957 regarding definition of "design" in respect of artistic work clause 3—this clause enables the controller general of patents, designs and trade marks appointed under the trade marks the legislation to function as the controller of designs under the proposed legislation it also enables the central government to appoint as many examiners and other officers with such designations as it may think fit this clause also empowers the controller to issue orders authorising his subordinates to discharge functions under his superintendence and directions it is proposed to utilise the services of the existing administrative machinery in the patent office for the present clause 4— this clause is a new one and it relates to prohibition of registration of certain designs this clause prohibits designs which lacks novelty or originality it also prohibits registration of designs which had been disclosed to the public anywhere in india or in any other country by publication in a tangible form or in any other way prior to the filing date or which is not significantly distinguishable from non designs or combination of non-designs or comprises or contains scandalous or obscene matter clause 5— this clause corresponds to section 43 of the existing act and deals with application of registration of designs the existing clause has been modified in order to register any design which is new or original or not previously published in india or in any other country and which is not contrary to public order and morality this clause also seeks - to provide for the application for registration of every design to be referred to an examiner appointed under clause 3 of the proposed legislation for ascertaining the registrability of the design in view of introduction of classification of articles based on international system of classification, the designs need not be registered in more than one class unlike under the existing act this clause also seeks to provide that the appeals may be preferred to the high court instead of the central government as specified under the existing act clause 6 - this clause is a new one and it deals with the registration of particular articles this clause seeks to allow the proprietor of any design, who has already registered the design in any particular class or article, to register the design in respect of some one or more classes of articles comprised in that class of articles since the classification of that design is based on the article to which the design has been applied and it follows the international system of classification ie lucerne classification clause 7—this clause is a new one and it relates to publication of registered designs which shall allow publication of the design as soon as the design is registered and thereafter it becomes open for public inspection the clause has been introduced keeping in view of that any person can come to know of the particulars of the design through its publication clause 8—this clause is a new one and it deals with the powers of the controller to make orders regarding substitution of applications, etc this clause allows applications for registration of a design to proceed, subject to the restrictions contained in therein, in the name of the claimant or in the name of the claimants application to any new name by operation of law sub-clause (4) deals with joint applicants when any of such applicants dies sub-clause (5) deals with disputes between joint applicants for registration of a design before the controller clause 9—this clause corresponds to section 45 of the existing and provides for grant of certificate to the proprietor of the design, when registered in case of loss of original certificate or in any other case, the controller is competent to furnish one or more copies of the certificate of registration clause 10—this clause corresponds to section 46 of the existing act and it provides for keeping, at the patent office, of a book called the register of designs containing the applicant's name, address of the proprietor, notifications of assignments and of transmissions and such other matters as may be specified in the rules this clause also enables maintenance of the register of designs either wholly or partly in computer floppies or diskettes subject to the safe guards as may be specified in the rules the existign section has been modified in the manner stated above so as to enable the controller to maintain the register in computer readable form for better retrieval clause 11—this clause corresponds to section 47 of the existing act and it deals with copyright on registration of designs with the exception that the initial period of five years has been extended to ten years however, in the present clause, the total period of fifteen years of copyright has been kept unchanged, as under the agreement on trade related intellectual property rights (trips) the protection for the period of at least ten years has been stipulated clause 12—this clause is a new one and it deals with the registration of lapsed designs it enables the controller to restore registration of lapsed designs, if such registration had ceased to have effect by reason of failure to pay the fee for extension of copyright, on receipt of necessary application, statement verified in the prescribed manner and the fee as may be specified in the rules this clause has been introduced with a view to help the registered proprietors for genuine lapses in not filing the request for extension of copyright within the prescribed period similar provision is also available in the patents act, 1970 clause 13—this clause is a new one and deals with the procedure for disposal of applications for restoration of lapsed designs this clause is consequential to clause 12 and it empowers the controller to restore the registration of designs upon payment of fees and additional fees as may be specified by rules clause 14,—-this clause is a new one and it provides for the rights of proprietors of lapsed designs which have been restored this clause is consequential to clause 12 clause 15—this clause corresponds to section 48 of the existing act and it deals with the requirements before delivery of articles on sale the existing provision has been modified to include giving of prior notice when the controller may erase any name from the register to comply with the various requirements before delivery on sale clause 16 —this clause corresponds to section 49 of the existing act and deals with the effect of disclosure of a design by the proprietor to any other person clause 17—this clause corresponds to section 50 of thé existing act and it deals with inspection of registered designs under the existing provision, a design shall not be open to inspection except by the priorietor or a person authorised in wiring by him or a person authorised by a controller or court during the existence of copyright in a design or such shorter period not beign less than two years from the registration of the design as may be prescribed the present clause removes the said period of secrecy and it enables the publi® to inspect any registered design and to obtain their certified copies on payment of the fees as may be prescribed in the rules the proposed provision removes considerable hardship of interested persons in ascertaining the designs during initial period of existence of the registration clause 18—-this clause corresponds to section 51 of the existing act and it deals with information as to existence of copyright this clause enables the controller on the request of any person on furnishing of such information as may enable the controller to identify the design, and on payment of the fees as may be prescribed in the rules to furnish the person information about the existence of the registration of the design, the classes of articles in respect of which the registration subsists, the date of registration and the name and address of the registered proprietor clause 19—this clause corresponds to section 51a of the existing act and it deals with cancellation of registration of designs in addition to the grounds of cancellation provided in the existing provisions, the following grounds have been added, namely:— (i) that the design is not registrable under the proposed legislation; (ii) that it is not a design as defined in clause (b) of clause 2 of the proposed legislation, the provision contained in sub-clause (b) of sub-section (1) of section 51a of the existing act is proposed to be amplified in order to consider the prior publication on global basis instead of regional basis ie in india the said additional grounds will help interested person to get cancelled the registered design in better comprehensive maner all grounds of cancellation can be taken up before the controller irrespective of any particular time limit in place of restricted ground and specific time limit under the existing act such amplification will avoid expenses and time involved in high court as mandatory under the existing act clause 20—this clause corresponds with section 51b of the existing act and it states that a registered design shall have to all intents the like effect as against the government as it has against any person and the provisions of chapter xvii, relating to use of inventions for purposes of government and acquisition of inventions by central government, of the paternts act, 1970 shall apply to registered designs as they apply to patents clause 21—this clause corresponds to section 52 of the existing act and it deals with industrial and international exhibitions of designs this clause provides that the exhibition of a design or of any article to which a design is applied at an industrial or other exhibition to which the provisions of this clause have been extended by the central government by notification in the official gazette shall not prevent the design from being registered or invalidate any registration thereof subject to the fulfilment of the conditions stipulated therein clause 22—this clause corresponds to section 53 of the existing act relating to piracy of registered designs this clause modifies the said section 53 so as to incorporate therein enhancement of quantum of penalty for any infringement of the registered design no suit for infringement under this clause can be initiated in any court below the court of district judge in the infringement proceeding, grounds under cancellation proceeding shall be available as a ground for defence under the existing section 53, if any person acts in contravention of that section he shall be liable for every such contravention to pay to the registered proprietor of the design a sum not exceeding five hundred rupees recoverable as a contract debt or if the proprietor elects to bring a suit for the recovery of the damages for any such contravention, and for any injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction and the total sum recoverable shall not exceed one thousand rupees it is proposed to enhance the aforesaid maximum damage of five hundred rupees to twenty five thousand rupees and total sum recoverable from one thousand rupees to fifty thousand rupees provision has also been made for making entry in the register of designs by the controller in case a court makes a decree in a suit under sub-clause (2) of this clause clause 23—this clause corresponds to section 54 of the existing act and it deals with application of certain provisions of the proposed legislation as to patents to designs this clause states that the provisions of the patent act, 1970 with regard to certificates of the validity of a patent, and to the remedy in case of groundless threats of legal proceedings by a patentee shall apply in the case of registered designs in like manner as they apply in the case of patents, with the substitution of references to the copyright in a design for reference to a patent, and of references to the proprietor of a design for references to the patentee, and of references to the design for references to the invention clause 24—-this clause corresponds to section 57 of the existing act and it deals with fees this clause enables the central government to prescribe fee payable in respect of registration of designs and applications therefor, and in respect of other matters relating to designs sub-clause (2) of this clause states that the proceeding in respect of which a fee in payable under the proposed legislation are the rules made there under shall be no effect unless such fee has been paid clause 25--this clause corresponds to section 58 of the existing act and it prohibits the notice of trust to be entered in the register this clause provides that no notice of any trust expressed, implied or constructive shall be entered in the register kept under the proposed legislation or are receivable by the controller clause 26—this clause corresponds to section 59 of the existing act this clause provides that every register kept under the proposed legislation shall at all convenient times be opened to inspection of the public and they could obtain certified copies of any entry in the register on making necessary request accompanied by the fees as may be prescribed by rules the provision has been amplified to incorporate the inspection of registrar maintained on computer by inspecting the computer print outs clause 27—- this clause corresponds to section 60 of the existing act and it deals with the privilege of reports of controller clause 45 provides for laying of report of the controller before parliament all reports of the controller other than the report mentioned in clause 45 and all reports to the controller made under the proposed legislation shall not be published or shall be opened to public inspection clause 28—this clause corresponds to section 61 of the existing act and it prohibits of publication of specification, drawing, etc where application has been abandoned, etc this clause states that where an application for a design has been abandoned or refused, the application and any drawings, photographs, tracings, representations or specimens -left in connection with the application will not be opened to public inspection or be published by controller at any time clause 29—this clause corresponds to section 62 of the existing act and it provides that the controller may, on request in writing accompanied by requesits fee, correct any clerical error in the representation of a design or in the name and address of any design, address of the proprietor of any design or in any other matter which is entered upon the register of designs clause 30 —this clause corresponds to section 63 of the existing act, relating to entry of assignments and transmission in registers this clause modifies section 63 of the existing act by addition of a new sub-clause namely sub-clause (3) making compulsory registration of documents conveying such assignment or share in design, mortage, license or any other interest in the design with the controller within six months from the execution of the instrument or within such further period not exceeding six months in the aggregate as the controller may, on an application made to him in the prescribed manner allow unless such registration has been made, the assignment or transmission shall not be valid this clause enables the public to ascertain the details of transfer of rights from the register of designs clause 31—this clause corresponds to section 64 of the existing act relating to rectification of register this clause lays down the procedure for rectification of any entry in the register of designs sub-clause (3) provides that an appeal against the order of the controller under this clause shall be to the high court provisions has also been made to the effect that any order of the court rectifying the register shall direct that notice of the rectification should be served on the controller as per the rules and on receipt of such notice, the controller is required to rectify the register accordingly clause 32—this clause corresponds to section 65 of the existing act relating to power of controller in proceedings under the proposed legislation it provides that, subject to any rules as may be made by the central government the controller shall have, in any proceedings before him under the proposed legislation, the power of the civil court for the purpose of receiving evidence, administering oath, enforcing the attendance of witnesses, compelling the discovery and production documents, issuing commissions for the examining of the witnesses and awarding courts the award of courts by the controller shall be executable as if it were a decree of a court clause 33—this clause corresponds to section 67 of the existing act this clause provides that the controller has to give an opportunity of being heard to the person or persons before exercising his discretionary powers adverse to such person or persons clause 34—this clause corresponds to section 68 of the existing act and it deals with power of controller to take directions of the central government it provides that the controller may take directions of the central government in case of any doubt or difficulty arising in administration of the proposed legislation clause 35—this clause corresponds to section 69 of the existing act with the modification that appeal under this section shall lie to the high court instead of to the central government this clause seeks to empower the controller to refuse to register the design, which , in his opinion, is contrary to public order or morality sub-clause (2) of this clause provides that an appeal under this clause shall lie to high court clause 36—this clause corresponds to section 70 of the existing act with the modification of the insertion of the words high court for the words central government in this clause, appeal shall lie to the high court and such appeal shall be made within three months from the date of the order passed by the controller such appeal shall be in writing and shall be accompanied by the prescribed fee clause 37—this clause corresponds to section 70a of the existing act relating to evidence lefore the controller with the addition that the high court may make rules consistent with the provisions of the proposed legislation in respect of procedure relating to all proceedings before it under the legislation this clause specifically provides that, subject to any rules as may be made by the central government under clause 47, the evidence in any proceedings before the controller shall be given by affidavit and the controller may take evidence by viva voce in lieu of or in addition to evidence by affidavit he may also allow any party to be cross-examined on the contents of an affidavit clause 38—this clause corresponds to section 71 of the existing act relating to certificate of controller as to any entry, etc to be evidence this clause provides that any certificate issued by the controller in relation to any entry, matter or thing which he is authorised by the proposed legislation or any rules made thereunder to make or do shall be prima facie evidence of such entry, matter or thingclause 39—this clause corresponds to section 71a of the existing act relating to evidence of documents in patent office this clause provides that any matter certified by the controller and sealed with the seal of patent office can be admitted as evidence in all courts however, a court may, if it has reason to doubt the accuracy or authenticity of copies tendered in evidence, require the production of the originals or such further proof as it considers necessary ' clause 40—this ctause corresponds to section 73 of the existing act relating to applications and notices by post it provides that any application, notice or other document authorised or required to be left, made or given at the patent office or to the controller or to any other person under the proposed legislation may be sent by post clause 4\—this clause contains the same provision as contained in section 74 of the existing act and it deals with declaration by infant, lunatic, etc it allows for making statement or doing anything permitted under the proposed legislation on behalf of a person incapacitated to make or do so due to the infancy, lunacy or other disabilities by lawful guardian, committee or manager (if any) of such applicant or any person appointed by the court of competent jurisdiction clause 42—this clause deals with avoidance of certain restrictive conditions in contracts, leases and certain licenses, to be imposed inview of article 40 of the trips which provide the control of anticompetitive practice in contracted licences it prohibits insertion of a condition, requiring purchase or giving on lease or licens2 to acquire from a vendor, lessor, licensor or his nominees or prohibiting any of them from acquiring or restricting them in any manner or to any extend the right to acquire from any person or to prohibit them from acquiring except from the vendor, lessor, licensor or his nominee any article other than the article in respect of which a design is registered, in any contract for or in relation to the sale or lease of an article in respect of which a design is registered or in a license to manufacture or use any article in respect of a design is registered or in a license for packaging an article in respect of a design is register sub- clause (5) of this clause provides that the provisions of the proposed clause shall also apply to contracts made before the commencement of the proposed legislation if and in so far as any restrictive conditions declared as unlawful by this clause continue in force after the expiration of one year from such commencement clause 43—this clause corresponds to section 76 of the existing act relating to agency the existing provision has been modified to define the agent who can act before the controller for any proceeding whose name and address has been entered in the register of patent agents maintained under section 125 of the patents act, 1970 clause 44—this clause corresponds to section 78a of the existing act relating to reciprocal arrangements with the united kingdom and other commonwealth countires the provision is proposed to be extended to countries which are members of any group of countries or inter-governmental organisations the existing act provides priority to the united kingdom and other commonwealth countires, but in view of india's accession to the paris convention and india being a signatory to the world trade organisation (wto), the same has been modified by this clause so that the right of priority can be extended to the convention countries and inter-governmental organisations in view of above an explanation has been provided to this clause explaining that "convention countries", "group of countires" or "inter-governmental organisation" means respectively, such countries, group of countires or inter-governmental organisations to which the paris convention to protection of industrial property, 1883 so revised at stockholm in 1967 and as amended in 1979 or the final act, embodying the results of the uruguay round of multilateral trade negotiations, provided for the establishment of world trade organisations applies another explanation has been provided for reckoning the date of priority from the date on which the earlier or the earliest application of the reciprocity applications has been madeclause 45,—this clause is the new one requiring the central government to place a report respecting the execution of the proposed legislation by or under the controller every year before parliament this provision will ensure greater transparency of the system of administration of designs clause 46—this clause is a new one and corresponds to similar provision relating to protection of security of india available under the patents act, 1970 it is proposed to be incorporated for protection of security of india in relation to certain types of designs which may be prejudicial to the interest of the security of india this provision enables the central government to direct the controller to take suchaction including non-disclosure of information and cancellation of registration of designs if the central government by notification in the official gazette so specify such action would be in the interest of the security of india the explanation to this clause defines the expression "security of india" clause 47—this clause empowers the central government to make, by notification in the official gazette, rules for carrying out the provisions of the proposed legislation sub-clause (2) enumerates the various matters in respect of which such rules may be made these matter, inter alia, include the form of application for registration of designs, the manner of filing of such applications in the patents office and the fee which shall accompany such applications, the classification of articles for registration, the manner of publication of particulars of designs, and the manner of giving notice of rectification to the controller sub-clause (3) provides that the power to make rules under this clause shall be subject to the condition of the rules being made after previous publication sub-clause (4) provides that every rule made by the central government under this clause shall be laid before parliament clause 48—this clause deals with repeal and savings sub-clause (1) of this clause seeks to repeal the designs act, 1911 sub-clause (2) seeks to save notifications, rules, orders, certificates, applications etc issued, given or done under the act sought to be repealed sub-clause (3) provides that the proposed legistation shall be applicable to the pending applications sub-clause (4) saves continuance of pending proceedings in courts as if the new legislation has not been passed sub-clause (5) clarifies the date of expiration of copyright in the designs registered before the commencement of the proposed legislation financial memorandumthe designs bill, 1999 proposes to repeal and re-enact the designs act, 1911 clause 3 of the bill provides that the controller-general of patents, designs and trade marks (cgpdtm) appointed under sub-section (1) of section 4 of the trade and merchandise marks act, 1958 shall be the controller of designs for the purposes of the proposed legislation sub-clause (2) of the said clause makes provision for the central government to appoint as many examiners and other officers and with such desgnations, as it thinks fit the provisions contained in clause 3 of the bill envisage only the method of appointment of the controller-general and examiners who are already discharging their functions under the designs act, 1911 the other infrastructure and the staff required for the administration and enforcement of the proposed legislation shall be the existing infrastructure and the staff under the designs act, 1911 which is being dealt with by the patent office hence \| no financial liabilities are envisaged for the enforcement of the proposed legislation in the present bill memorandum regarding delegated legislationclause 47 of the bill empowers the central government to make, by notification in the official gazette, rules to carry out the provisions of the proposed legislation subclause (2) of that clause enumerates the matters with respect to which rules may be made under this clause these matters, inter alia, relate to the manner of making applications and the fee payable for such applications; the manner of advertisement of a registered design, the manner of making entry in the register of assignment, transmission or other instrument effecting the title and other matters of a procedural nature sub-clause (3) of that clause provides that the power to make rules is subject to the condition of their previous-publication the rules are required to be laid before parliament 2 the aforesaid matters relate to 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	Parliament_bills	7fa4b317-eafd-5e13-9587-aaa2060b5d2b
the finan(;e bill, 1981(as introduced in lok sabha) chapter i1 short tiue and commencement chapter d rates of incomrtal2 income-tax chapter iii dlucttaxu inco",,tax3 wertton of new sectton loa 4 amendment of section 16 5 amendment of section 32a 6 amendment of section 33a 7 amendment of section 36 8 amendment of section 42 9 amendment of seouon 80d 10 amendment of section 80rha 11 amendment of section 80m 12 amendment of section 8oqq 13 amendment of section 86 14 amendment of section 160 15 insertion of new sectim 164a 16 insertim of new sectim 167 a 17 amendment of section 208 18 amendment of section 252 19 amendment of section 253 20 amendment of section 256 21 amendment of section 269g 22 insertion of new section 293a 23 amendment of ninth schedule 24 amendment of eleventh schedule 25 consequential amendment \| 26 amendment of \| section \| 21 \|\|---------------------\|------------\|---------\|\| 27 \| \| \|\| insertion \| \| \|\| of \| \| \|\| new \| section \| 21 \|\| m \| \| \|\| 28 amendment \| of \| section \|\| 29 amendment of \| \| \|\| section \| 26 \| \|\| 30 - amendment \| \| \|\| of \| section \| 27 \|\| 31 amendment \| \| \|\| of \| section \| 41 \|32 amendment of section 23 33 amendment of section 25 34 - amendment of section 26 35 amendment of section 2 36 insertion of new sections 7a to 7d 37 insertion of new section 9a 38 amendment of section 10 39 amendment of section 11 40 amendment of section 12 41 - amendment of section 18 42 insertion of new section 24aa 43 amendment of first schedule 44 amendment of act 45 of 1974 45 amendment of act 54 of 1980 chapter iv indirect taxes46 amendment of act 51 of 1975 47 auxilirry duties of customs 48 amendment of act 1 of 1944 49 special duties of excise 50 amendment of act 58 of 1957 51 amendment of act 40 of 1978 52 amendment of act 16 of 1955 chapter v misceli,aheous53 amendment of act 38 of 1974 the first schedule the second schedulethe third schedule the fourth schedule bill no 25 of 1981 the finance bill, 1981 billto give e"ect to the fincmcial proposals of the central govermtlent for the finllllciaj year 1981-82 8j: it enacted by parliament in the th1rty-second year of the republic of india as follows:- chapter i pilellmlnaily1 (1) this act may be called the finance act, 1981 ~ut1 coliideacemet (2) save as otherwise prov1ded in this act, sectims 2 to 45 and section 53 shall be deemed to bave come into force on tbe 1st day of april, 1981 chapter n10 rates of ii'fcomrtaxlacome-ta z (1) subject to the provisions of sub-sections (2) and (3), for the asbessment year commencing on the 1st day of april, 1981, income-tax shall be charged at the rates specified in part i of the first schedule and shall be increased,-15 (a) in the cases to which paragraphs a, b c and d of that part apply, by a surcharge for purpobes of the un10n; 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 (2) in the oases to which sub-paragraph i or sub-paragraph ii of paragraph a of part i of the first schedule applies, where the assessee hu, in the previous year, any net agricultural income exceeding six hundred rupees, in addiuod to total income and the total income exceeds twelve thousand rupees, then, -6 (0) the net agrtcultural income sball be taken iilto acooudt in the manner provided in clmm (b) (that 18 to sq as if the net agrjculturalldcome were oomprised in the total iiloome after the first eicbt thouaaod :rupees of the total income but without beldg liable to ta), only for the 10 plrp088 of charging income-tax in respect of the total inoome; and (b) the income-tax chargeable shall be calculated u follows:-(i) the total income and the net agrtculturalllloome 16 shall be agrepted add the amount of income-tax aha11 be determined in respect of the aarepte idcome at the rates specified in sub-paracraph lor, u the cue mq be, aab-pangrapb b of the said pangrapb a, u if such aggregate idoome were the totalldcome: 20 provided that for the plrpoaes of determjdjac the amount of idcome-tax in acoordance with th aab-clmae, the provisions of clause (ii) of the provtao below alb-paragraph lor, as the case may be, sub-paragraph ii of the said paragraph a add the provisions relattag to 25 surcharge on income-tax in the said sub-paragraphs &ball dot apply; (ii) the net agr1cultural idcome shall be iilcreued by a sum of eight thousand :rupees add the amount of income-tax &ball be determined in l'hp8ot of the diit 30 agr1cultural income as 80 idcreuecl at the rates specjf1eci in sub-paragraph lor, as the cue may be, sub-paragraph ii of the said paragraph a, as if the net agricultural idcome as 80 increased were the total tnoome: provided that for the purposes of determining the 35 amount of income-tax in accordance with this bub-clauae, the provisions of clause (i) and clause (ii) of the provtao below sub-paragraph lor, as the oue may be, sub-paragraph ii of the saidpangrapb a add the provlalou relatjdg to surcharge on income-tax in the said sub-40 paragnphb shall not apply; (iii) the amount of idcome-tu detlermlded iii accordaaoe with 8ub-clauae (i) aball be reduced by the iudouilt of idcome-tax determined in acoordadce with 8ub-clawle (it): 5 protided that where the iiwd 80 arrived at exceeds sixty per oem of the amount by whjch the total income exceeds twelve thousand rupees, the excess shall be disregarded; (ill) the amount of income-tax determlded in 10 accordance with sub-clauae (iii) shall be increased by a surcharge for p,trpoaes of the uluon calculated at the rate of ten per cent of such income-tax and the sum 80 arrived at shall be the idcome-tax in respect of the iotal income 15 (3) in cases to which the provisioos of chapter xu or section 164 or section 164a or section 167 a of the incometax act, 1961 (hereinafter referred to as the income-tax act) apply the tax chargeable shall be determined as provtded in that chapter 01' that section, and with reference to 20 the rates imposed by sub-section (1) or the rates as specified in that chapter or section, as the case may be ( 4) iii cases in which tax has to be deducted udder sectloll8 193, 194, 1ha, 194b, 194bb, 194d &lid 195 of the mcome-tax act at the rates in force, the deduction shall be made at the rates specified in part d of the first schec:ule 25 30 35 (5) subject to the provlsioll8 of sub-section (6) in cases in which income-tax has to be calculated udder the first provlao to sub-section (5) of section 132 of the income-tax act or charged uader sub-section (4) of section 172 or sub-section (1) of section 174 or section 175 or sub-section (2) of section 176 of the said act or deducted under section 192 of the sald act from income chargeable under the head ''salaries'' or deducted under sub-section (9) of section 80e of the said act from any payment referred to in the said sub-section (9) or in which the "advance tax" payable under chapter xvd-c of the said act has to be comp,lted, at the rate or rates in force, such incometax or, as the case may be, "advance tax" shall be 80 calculated, charged, deducted or computed at the rate or rates specified in part m of the firat scbecble: 40 provided that in cases to which the provisions of chapter xu or section 164 or section 164a or section 167 a of the income-tax act apply, "advance tax" shall be computed with reference to the rates imposed by this sub-section or the rates as specified in that chapter or section as the case may be (6) in the cases to which aab- paragraph i or aab-paragraph d of paragraph a of part ui of the first schedule applies, where the assessee has, in the previous year or, if by virtue of any provision of the income-tax act, inoome-tax is to be charged id respect of the idcome of a period other thad the previous 5 year, in such other period, any net agricultural 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 \| \| \| \| \| \|\| appl1es, \| \| \| \| \| \|\| f1fteen thousand \| \| \| \| \| \|\| rupees, \| and \| \| \| \| \|\| 10 \| \| \| \| \| \|(if) in a case to which the said &1b-paragraph n applies, twelve thousand rupees; then, in calculating income-tax under the first proviso to sub-section (5) of secttcm 132 of the income-tax act or in charging income-tax under sub-section (2) of section 174 or 15 secticm 175 or sub- section (2) of sectioo 176 of the said act or in computing the ''advance tax" payable under chapter xvu-c of the said act, at the rate or rates in force -(a) the net agricultural income shall be taken into account, in the manner provided in clause (b) (that is to 20 say, as if the net agricultural income were comprised in the total income after-(i) in a case to which the sajd sub-paragraph 1 applies the first fifteen thousand rupees, and (if) in a case to which the said sub-paragraph n 25 applies, the first eight thousand rupees, of the total in~ome but without being liable to tax), only for the purpose of calculating, charging or computing such income-tax or, 8s the case may be "advance tax" in respect of the total income; and 30 (b) such income-tax or as the case may be "advance tax" shall be so calculated charged or computed as follows:-(i) the total income and the net agricultural income shall be aggregated and the amount of income-tax or 35 "advance 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 d of the said paragraph a, as if such aggregate income were the total income: 40 provided that in a case referred to in the said sub-paragraph n, for the purposes of determining the amount of income-tax or ''advance tax" in accordance with this sub-clause, the provisions of clause (ii) of the proviso 5 below the said sub-paragraph n and the provisions relating to surcharge on income-tax in the said sub-paragraph n shall not apply; (ii) the net agricultural income shall be increased,-(a) in a case to which the said sub-paragraph i applles, by a sum of fifteen thousand rupeer and to (8) in a case to which the said sub-paragraph d applies, by a sum of eight thousand rupees, and the amount of income-tax or "advance tax" shall be determined in respect of the net agricultural income as j 5 so increased at the rates specified in the said sub-paragraph lor, as the case may be, the said sub-paragraph n, as if the net agrlcultural income as so increased were the total income: provided that in a case referred to in the said sub-20 paragraph n for the purposes of determining the amount of income-tax or "advance tax" in accordance with this sub-clause the provisions of clause (ii) of the proviso below the said sub-paragraph n and the provisions relating to surcharge on income-tax in the said sub-25 paragraph n shall not apply; (iii) the amount of income-tax or "advance tax" determined in accordance with sub-clause (i) shall be reduced by the amount of income-tax or as the case may be "advance tax" determined in accordance with 30 sub-clause (ii): provlded that in a case referred to in the said sub-paragraph n where the sum so arrived at exceeds sixty per cent of the amount by which the total income exceeds twelve thousand rupees the excess shall be 35 di~regarded; (iv) the amount of income-tax or "advance tax" determined in accordance with sub-clause (ui) shall be increased by a surcharge for purposes of the union ~alculated at the rate of ten per cent of such income-tax 40 or, as the case may be, "advance tax" and the sum so arrived at shan be the income-tax or, as the case may be "advanoe tax" in respect of the tota1income (7) for the purposes of this section and the first schedule,-(ia) "company tn which the publ1c are substantially interested" means a company which is such 8 company 8s is referred to in section 108 of the income-tax act; ib) "domestic company" means an indlall company or 5 any other comprny which in respect of its income hable to income-tax under the income-tax act for the assessment year commencing on the 1st day of april, 1981 has made the prescribed arrangements for the declaration and payment within india of the dividends (including dividends on 10 preference shares) payable out of such income in nocordance wtth the provisions of section 194 of that act; (e) "industrial company" means a company which is mainly engaged in the business of generation or distribution of electricity or ally other form of power or in the 15 construction of ships or in the manufacture or processing of goods or in mining fzplgnation -for the purposes of this clause, a company shall be deemed to be mainly engaged in the business of generation or distribution of electricity 20 or any other form of power or in the construction of ships or in the manufacture or processing of goods or in mmlng if the income attributable to anyone or more of the aforesaid activities included in ita total income of the previous year (as computed before making any 25 deduction under chapter via of the inoome-tax act) is not less than fifty-one per cent of auoh total income; (d) ''insurance commission" means any remuneration or reward, whether by way of commision or otherwise, for 1011cit1dg or procuring inurance buainess (inoludlng 30 buainess relating to the continuance, renewal or revival of policies of insuranceh (e) ''net agricultural income", in relation, to a perlon, means the total amount of agricultural income from whatever iource derived, of that perlon computed 35 in accordance with the rules conta1ded in part iv of the firat schedule; (f) "tax-free curtty" mean any beourity of the cctral governld8llt issued or declared to be income-tu free, or any seourtty of a state government i •• ued 40 income-tax free, the income-tax whereon 18 payable by the state government; (a) all other words idd apresloils uaed in this mouon or in the firat schedule bat dot def1aed in thi aub-iiect10a aw:i defined id thelnoome-tax act shall bave tile 46 meanm, repeouyely ••• iped to them in that act chapter m direct taxes income-tdxl after section 10 of the income-tax act, the following 5 sectlon shall be inserted, namely:-\| inhrtion \|\|-------------\|\| new section \|\| loa \|'loa (1) sub,ect to the provisions of this sectlon any profits and gains derived by an assessee from an industrial undertaking to which this section applies shall not be included in the total inoome of the 88sessee 10 (2) this sectlon applies to any industrial undertaking which fulfils all the following conditions, namely:-special paoyisioa in reaped of newly eatablillbed induatriel undeltekin ill hee trade zonea (i) it has begun or begins to manufacture or produce articles or things during the previous year relevant to the assessment year oommenclng on or after the 1st 15 day of aprll 1981 in any free trade zone; (ii) it is not formed by the splitting up, or the reconstruction, of a business already in existence: \| provided \| that \| this \| condition \| shall \| not apply in \| respect \|\|---------------\|---------------\|-------------------\|--------------\|-------------------\|-----------------\|----------------\|\| of any \| industrial \| undertaking which \| is \| formed \| as \| a \|\| 20 \| result \| of \| the \| re-establishment, \| \| reconstruction \|\| 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; \| \| \| \| \| \| \|\| 25 \| \| \| \| \| \| \|\| (iii) \| \| \| \| \| \| \|\| it \| \| \| \| \| \| \|\| is \| not \| formed \| by \| the \| transfer \| to a new \|\| ness \| of \| machinery \| or \| plant previously \| used \| for any \|\| purpose \| \| \| \| \| \| \|explarigtion - -the provisions of explanation 1 and explgll4uon 2 to sub-sectlon (2) of section 80-1 shall apply 30 for the purposes of clause (iii) of this sub-section as they apply for the purposel of clause (ii) of that sub-section (3) the profits and gains referred to in lub-section (1) shall not be included in the total income of the assessee in respect of the assessment year relevant to the previous 35 year in which the industrial undertaldng beglna to manufacture or produce articles or things (such assessment year being hereafter in this section referred to as the inltial assebsment year) and each of the four 88sessment yean immediately succeeding the tnittal aslessment year (4) notwlthstandtng anything contained in any other provision of this act in computing the total income of the assessee of the previous year relevant to the assessment year immediately succeeding the last of the relevant assessment years, or of any previous year relevant to any 5 subsequent assessment year-(i) section 32, section 32a, section 33, section 35 and clause (ix) of sub-section (1) of section 36 shall apply as if every allowance or deduction referred to therein and relating to or allowable for any of the relevant 10 assessment years, in relation to any buudtng, machinery, plant or furniture used for the purposes of the business of the undertaking in the previous year relevant to such assessment year or any expenditure incurred in such previous year had been given full effect to for that 15 assessment year itself and accordingly sub-section (2) of section 32, clause (ii) of sub-section (3) of section 32a clause (ii) of sub-section (2) of section 33, subsection (4) of section 35 or the second proviso to clsf1lse (ix) of sub-section (1) of section 36, as the case may be, 20 shall not apply in relation to any such allowance or deduction: (ii) no loss referred to in sub-section 0) of section 72 or sub-section (1) of section 74 and nn deficiency referred to in sub-section (3) of section ~oj 25 shall be carried forward or set off where such los8, or, as the case may be, deficiency relates to any of the relevant assessment years: (iii) no deduction shall be allowed under section 80hh or section bohha or section 8<h or section 80j where 30 the industrial undertaking has begun to manufacture or produce articles or things during any previous year relevant to any of the relevant assessment years: and (iv) in computing the depreciation allowance under section 32, the written down value of any asset shall be 35 computed as if the assessee had claimed and been actually allowed the deduction in respect of depreciation for each of the relevant assessment years (s) where an industrial undertaking in any free trade zone has begun to manufacture or produce articles or things 40 in any previous year relevant to the assessment year commencing on or after the 1st day of april, 1977 but before the 1st day of april, 1981, the assessee may, at his option, before the expiry of the time allowed under sub-section (1) or sub-section (2) of section 139, whether 45 fixed originally or on extension, for furnlshing the return of income for the assessment year commencing on the 1st day of apru, 1981 furnish to the income-tax ofiicer a declaration in writing that the provisions of sub-section (1) 5 may be made applicable to him for each of the relevant assessment years as reduced by the number of assessment years which expired before the 1st day of aprll, 1981 and if he does so, then, the provisions of sub-section (1) shall apply to him for each of such relevant assessment years 10 and the provisions of sub-sectlon (4) shall also apply in computing the total income of the assessee for the assessment year immediately succeeding the last of the relevant assessment years and any subsequent assessment year (6) the provisions of sub-sectlon (8) and sub-section (9) 15 of section 80-1 shall, so far as may be, apply in relation to the industrial undertaldng referred to in this section as they apply for the purposes of the industrial undertaking referred to in seetion 80-l explanation -for the purposes of this section,-20 (i) "free trade zone" means the kandla free trade zone and the santacruz electronios export processing zone and includes any other free trade zone whioh the central government may, by notification in the official gazetta- specify for the purposes of this sectlon; 25 (ii) "relevant assessment years" means the initial assessment year and four assessment years immediately suoceeding the initial assessment year ' - amendment of section 16 4 in section 16 of the income-tax act, in clause (i), with effect from the 1st day of april, 1982,-30 ( a) for the portion beginning with the words "a sum calculated" add ending with the words ''whichever is less", the following shan be substituted, namely:-"a sum equal to twenty per cent of the salary or five thousand rupees, whichever is less": 35 (b) in the proviso, clause (i) shall be omitted amendment of section 32a i in section 32a of the income-tax act, in clause (2) of the explanation below sub-section (2), for the words "the buslne 88 of the undertaking does not exceed ten lakh rupees i and for thia purpose the value of any machinery or plant 40 shall be,_", the following shall be substituted, namely:-"the business of the undertaking does not exceed,-(i) in a case where the previous year ends before the 1st day of august, 1980, ten lakh rupees: and (ii) in a case where the previous year enda after the 31st day of july, 1980, twenty lakh rupees, and for this purpose the value of any machinery or plant shall be,-" amendment of section 33a i in section 33a of the lucome-tax act in sub-secuon (7), 15 for the proviso, the following proviso and erpicul4tion 8bau be substituted with effect from the 1st day of aprll 1982, namely:-'provided that where sucb coat exceeds -(i) forty thousand rupees per heetare in respect of 10 land situate in a huly area comprised in the district of darjeellng: or (ii) thirty-five thousand rupees per hectare in respect of land situate in a bidy area comprlbed in an area other than the district of darjeellng: or 15 (iii) thirty thousand rupees per beetarein any other area, then the excess shall be ignored explanation • - for the purposes of this proviso, "district of darjeeung" meana the district of darjeel1ng 20 as on the 28th day of february, 1981, being the date of introduction of the finance bill, 1981 in the house of the people' - 25 1 in section 36 of the income-tax act, in sub-section (i), in clause (viii), in the second proviso, after the worda "time to time exceeds", the worda ''twice the amount of" shall be inserted with effect from the 1st day of april 1982 l in section 42 of the 1dc0me-tax act-ca) in the opening portion, for the worda "the association or parttcipation in sucb buatneas of the central 30 government", the worda "the auociatlon or participation of the central government or any person authorised by it in such buslnesa" shall be substituted; (b) in clause (b)-(i) the word "add" occurrtac at the ead shall be 3& omitted; (u) the following proviso shall be inserted, namely:-s 'provided that in relation to any agreement entered into after the 31st day of march, 1981, this clause shall have effect subject to the modification that the words and figures "except 88sets on which allowance for depreciation is admissible under section 32" had been omitted; and '; (e) the following explanation shall be inserted at the end, namely:-10 ' erpjarl4tion- for the purposes of this section, "mineral 011" includes petroleum and natural gas ' - i in section 80d of the income-tax act~ in sub-section (2), with effect from the 1st day of april, 1982,-(ca) in clause (i), for the words "two thousand four 15 hundred rupees", the words "four thousand eight hundred rupees" shall be substituted; (b \ in clause (ii), for the words "six hundred rupees", the words "one thousand two hundred rupees" shall be substituted ji in section 80hha of the income-tax jict,-20 a •• d •• tof section 8ohha (ca) in sub-section (3),-(i) for the words "in respect of each of the ten assessment years beginning with the assessment year relevant to the previous year in which the small-25 scale industrial undertaking", the words , of each of the ten previous years beginning with the previous year in which the industrial undertaking" shall be substituted (u) the following proviso shall be inserted at the 30 end, namely:-"provided that sucb deduction shall not be allowed in computing the total income of &by of the ten previous years aforesaid in respect of which the industrial undertaking is not a small-scale 36 lndulltrial undertaking within the meaning of clause (b) of the elplgll4ltidn below sub-section (8) "; (b) in sub-section (8) in clause (b) of the erp'clftgtidfl t for the words ''the business of the undertaking does not exceed ten lakh rupee; and for this purpose the value of any machinery or plant shall be-" the following shall be substituted namely:-lithe business of the undertaking does not exceed, -(1) in a case where the previous year ends before the 1st day of august, 1980 ten lakh rupees; and (2) in a case where the previous year ends after the 31st day of july 1980, twenty lakh rupees and for this purpose the value of any machinery or plant shall be,- " 10 ameadmeat of sectioa s« ll in section 80m of the income-tax act in subsection (1), in clause (a) for the figures and word "27 and 29" the figures and word "27 29 and 33" shall be substituted with effect from the 1st day of april 1982 15 12 in section 80qq of the income-tax act,-amendmeat of aection soqq (ei) in sub-section(l), for the words "nine assessment years" the words "fourteen assessment years" shall be substituted; (b\ in sub-section (2\ -(i) for the words, figures and letters "section 20 80rha or", the words, figures and letters "section 80rha or section 80-lor" sball be substituted; (ii) for the words, figures and letter "section 80j and " the words, figures and letters "section 80-1, secticm 80j and" shall be substituted 25 11 in section 86 of the income-tax act, in clauae (v), the following explanation shall be lnserted, namely:-"erpltllteltid1l - - for the purposes of this clause, in the case of an association of persons which is assessable under section 167a, each of the members of the 30 association whose shares in the income or, as the case may be, i8rt of the income of such association are indeterminate or unknown, shall be deemed to be entitled to receive an equal slare in the total income or, as the cbse may be, such iilrt of the total income of the association and the individual share of such member in suoh total income or, as tbe case may be, iilrt of the total income shall be determined accordingly " m in section 160 of the income-tax act, in sub-section (1), after clause (iv) the following clause and fxplanauans shall be inserted namely:-'(ii) in respect of income which a trustee appointed 5 under an oral trust receives or is entiued to receive on behalf or for the benefit of any person such trustee or trustees 6 of 1913 explanation 1- a trust which is not declared by a duly executed instrument in writing (including any wakf deed 10 which is valid under the mussalman wakf validating act 1913) shall be deemed, for the purposes of clause (ill) to be a trust declared by a duly executed instrument in writing if a statement in wrltlng signed by the trustee or trustees, setting out the purpose or purposes of the trust 13 particulars as to the trustee or trustees the beneficiary or beneficiaries and the trust property, is forwarded to the income-tax officer-(i) where the trust has been declared before the 1st day of june, 1981 within a period of three months from 20 that day: and (ii) in any other case within three months from the date of declaration of the trust 6 of 1913 explanation 2- for the purposes of clause (v) "oral trust" means a trust which is not declared by a duly 25 executed instrument in writing (including any wakf deed which is valid under the mussalman wakf validating act 1913) and which is not deemed under explanation 1 to be a trust declared by a duly executed instrument in writing ' ii after section 164 of the income-tax act, the 30 following section shall be inserted, namely:-inhrtion of new aection 164a cbarae of tu in case of oral tnaat '164a where a trustee receives or is entitled to receive any income on behalf or for the benefit of any person under an oral trust, then, notwithstanding anything contained in ilny other provision of this act, 35 tax shall be charged on such income at the maximum marginal rate explanation - for the purposes of this section, -(i) "maximum marginal rate" shall have the meaning assigned to it in explanation 2 below subsection (3) of section 164; (ii) "oral trust" shall have the meaning assigned to it in erplan4tion 2 below sub-section (1) of se~tion 160 ' 5 iii al!ltigll of dew eection 167a ii in chapter xv of the income-tax act, after section 167, and before the sub:-heading"e--erecutors ", the following sub-beading and section shall be inserted, namely:- 'dd-associations ofpersns- special uses167a (1) where the individual shares of the members of an aaoclattoll of persona (other than a company or 10 charp of tu where ahara of iidkaowa c~operative society) in tile income of such aa8ociation are indeterminate or unknown, taxhall be charged on the total income of the absociation at the mu1mum marginal rate (2) where the individual shares of the members of an usoclation of persons (othel' than a company or 15 ~operattve society) in any part of the income of reb "sociatioll are indeterminate or unknown the tnoometax payable by the usoclation sball be the aggregate of-(i, the amount of income-tax calculated on tbe aforesaid part of tbe total income, at tbe maximum 20 marginal rate; and (ii) tbe amount of income-tax with whicb it would bave been chargeable bad tbe remaining part of tbe total income been its total income erpl4ft4tion - for the purposes of tbis section, -26 (4) "maximum marginal rate" shall have the meaning assigned to it in erplgnatfon 1 below 8ubsection (3) of section 164; (b) the individual shares of the members of an association of persons in the income of such 30 association shall be deemed to be indeterminate or unknown if sucb shahs are indeterminate or unknown on tbe date of formation of sucb association or at any time thereafter ' 36 u in sect:lon 208 of the income-tax act, in sub-sectiql (2), for clause (c), the following clauses shall be substituted with effect from the 1st day of june, 1981, namely:-"(e) in the case of a hindu undivkled family which at any time during the previous year has at least one member 40 whose total income of the previous year exceeds rs 16,000 rs 12,000; (el) in any other case rs 15,000- 11 in section 252 of the income-tax act, for sub-s8cuon (2) the following sub-sections shall be substituted, namely:-"(2' a jldicial member shall be a person who has for at least ten years held a judicial office in the territory of 5 india or wbo bas been a member of the central legal ~rv1ce and has held a post in grade i of that service or any equivalent or higher post for at least tbree years or who has been an advocate for at least ten years explanation -for the purposes of this sub-section -10 15 (i) in computing the period during which a persoll has held judicial office in the territory of india, there shall be included any period, after he has held any judicial offlce, during which the persod has been an advocate or has held the offlce of a member of a tribunal or any post, under the union or a state requiring special knowledge of lawi 20 (ii) in computing the period during which a person has been an advocate, there shall be included any period during which the person bas held judicial office or the office of a member of a tribunal or any post,under the union or a state requiring special knowledge of law after he became an advocate 25 38 of 1949 30 (2a) an accountant member shall be a person who has for at least ten years been in the practice of accountancy as a chartered accountant under the chartered acoountants act, 1949 or as a registered accomtant under any law formerly in force or partly as a registered accountant and partly as a chartered accountant or who has been a member of the indian income-tax service, group a and has held the post of commissioner of income-tax or any equivalent or higher post for at least three years " a_of hctioa 253 u in section 253 of the income-tax act in sub-sect1od (6) for the words "ode hundred and twenty-fiw rupees" the words "two hundred rupees" shall be substituted with effect 35 from the 1st day of june 1981 •• in sectian 256 of the income-tax act in sub-seotion (1) for the words "one hundred and twenty-five rupees" the word "two hundred rupees" shall be substituted with effect from the 1st day of june, 1981 40 21 in section 269g of the income-tax act, in sub-section (2) for the words "ode hundred aod twenty-bw rupees" the words "two hundred rupees" shall be substituted with effect from the 1st day of june, 1981 22 after section 293 of the income -tax act, the following section shall be inserted, namely:-insertion of new section 293a '293a (1) if the central government is satisfied that it is necessary or expedient so to do in the public interest, it may, by notification in the official gazette, make an 5 exemption, reduction in rate or other modification in respect of income-tax in favour of any class of persons specified in sub-section (2' or in regard to the whole or any part of the income of such class of persons power to make exemption, etc, in relation to participation in the business of plolipecung for, extraction, etc, of mineral oils (2) the persons referred to in sub-section (1) are tbe 10 following, namely:-(a) persons witb wbom the central government has entered into agreements for the association or participation of that government or any person autborised by tbat government in any business consisting of the 15 prospecting for or extraction or production of mineral oils; (b) persons rendering technical services in connection with any business consisting of the prospecting for or extraction or production of mineral oils carried 20 on by that government or any person specified by that government in this behalf by notification in the official gazette; and (c) employees of the persons referred to in clause (a) or clause (b) 25 (3) every notiflcation issued under this section sball be laid before esch house of parliament explanation - for the purposes of this section, "mineral oil" includes petroleum and natural gas ' amendment of ninth schedule za in the ninth schedule to the income-tax act, after 30 item 32, the following item shall be inserted witb effect from the 1st day of april, 1982, namely:-"33 electronic components and raw materials; computerr and peripherals; communication equipment; process control, instrumentation, industrial and professional 35 grade electronic equipment " h in the eleventh schedule to the income-tax act,-(a) for the brackets, words, agures and letters ii/see sectioo 32a and secti~ &oj (")j ", the brackets, wo;ds, figures and letters "lsee secti0ll32a, sectioo 8occ(3)(ct(i), 40 section8()1(2) and section 80j(4) i" shall be substituted; (b) item 8, itemf:! 11 to 21 (both inclusive) and items 26 and 29 shall be omitted with eftect from the 1st day of april, 1982 21 the following 1tmendments (being amendments of a con-consequential 5 sequential nature) shall be made in the income-tax act, namely:-iimendments (a) in sub- section (3) of section bop, for the words, figures and letters "section 80hha, section 8oj" the words figures and letters "section 80hha, section 80-1, section 8oj" shall be substituted; 10 (b) in the fxplanatiotl below sub-section (2) of section 273, for the word ''proviso'', lit both the places where it occurs, the words "first proviso" shall be substituted " t al th~ taxamendment of section 21 21 in section 21 of the we~th-tax act, 1957 (hereln-15 after referred to as the wealth-tax act),-(a) in sub-section (1) the following explanation shall be inserted namely:-"explanation - a trust which 18 not declared by a duly executed instrument in wrlting (induding a valid 20 deed of wakf) shall be deemed, for the purposes of this sub-section, to be a trust declared by a duly executed instrument in writing if a statement in writing,slgned by the trustee or trustees setting out the purpose or purposes of the trust, particulars as to the trustee 25 or trustees, the beneficiary or beneficiaries and the trust property, is forwarded to the wealth-tax omoer,-(i) where the trust has been declared before the 1st day of june, 1981, within a period of three months from that day; and 30 (ii) in any other case, within three months from the date of declaration of the trust " ; (b) in sub-section (4),-(i) for the words ''notwithstandlng anything contalned in this section", the words "notwithstanding anyth1ng 35 contained in the foregoing provislons of this section" shall be substituted; (ii) in explanation 2 , for the words "for the purposes of this sub-sectlon in any case, not being a case referred to in the prov iso" the words, brackets, figure and letter 40 "for the purposes of this sub-aection or sub-secftbn (4a) in any case, dot being a case referred to in the proviso to this sub-section" sball be substituted; (e) after 8ub-section(4), the followttg sub-section sball be werted, namely:-'(fa) notwithstanding anything contained in this sectlon, where the assete chargeable to tax under this act are held by a trustee under an oral trust, the 5 wealth-tax shall be levied upon add recovered from such trustee in the like manner and to the same extent 88 it would be leviable upon and recoverable from an individual who is a citizen of india and resident in india for the purposes of this act, and -10 (a) at the rates specified in part i of schedule i; or fbl at the rate of three per cent , whichever course would be more beneficial to the revenue fjp'''pllltioh - -for the pn-pos88 of this sub-secuon, 15 "oral trust" means a trust which is dot declared by a duly executed in&trument in writing (induding a valid deed of wakf) aid whj ch is ddt deemed under the ejp'aji4lion to sab-eect1on (1) to be a trust declared by a duly executed lnstrumeut in wrltlng ' 20 11 after section 2la of the wealth-tax act, the followldg section shall be inserted, d&jdely:-\| insertion \| of \|\|--------------\|-----------\|\| a_ \| \|\| im!ctiod \| \|\| 21aa \| \|\| 25 \| \|\| asseslllleat \| \|\| wllea \| __ \|\| t \| \|\| are \| \|\| held by \| \|\| cfttaill \| \|\| ••• \| octtioga \|\| ofpel8dd \| \|\| 30 \| \|"21aa (1) where aseeta chllrgellble to tax upr this act are held by an aaaoclation of per1!lods, other than a company or co-operative society, and the individual shares of the members of the ujd aeeoclation in the income or assets or both of the aald abaociatlon on the date of ita formation or at any time thereafter are indeterminate or unkddwll, the wealtb-tax shall be levied upon and recovered from such asaoclatlon in the like manner and to the same extent as it would be levlatie upon and recoverable from an individual who ia a citizen of india and resident in india for the purposes of this act, and-(4) at the rates apeclfted in part i of schedule i; or 35 (b) at the rate 01 three per cent •• whichever course would be more beneficial to the revenue (2) where any bwllne8s or profession carried on by an aoclatlon of per,ns referred to in bub-section (1) bas been dlcontlnued or where such ae,clatloo of persons 0 is dissolved, the wealth-tax offlcer 8hall make an assesi-mellt of the aet wealth of tbe auoclatlon of peraods as if no such discontinuance or dfssolutton had taken place and all the provisions of this act, 1ncludldg the provl81ons relating to the levy of penalty or any other sum chargeable under any provision of this act, 80 far &i may be, 5 shall apply to such assessment (3) without prejudice to the generality of the provisions of sub-sectlon (2), if the wealth-tax officer or the appellate assistant commissioner or the commissioner (appeals) in the course of any proceedings under this act 10 in respect of any such association of persons as is referred to in sub-section (1) is satisfied that the association of persons waa gunty of any of the acts specified in section 18 or section lea he may impose or direct the imposltion of a penalty in accordance with the provisions of the 15 aajd sections (4) every person who was at the time of such discontinuance or dissolution a member of the association of persons and the legal representative of any such person who is deceased shall be jointly and severally 20 liable for the amount of tax penalty or other sum payable, and au the provisions of this act 80 far as may be, shall apply to any such assessment or imposition of penalty or other sum (5) where such dlsoontllll1&dc8 or dissolution takes 25 pace after any proceedings in reapect of an assessment year have commenced, the proceedings may be oonunued against the persons referred to in sub-section (4) from the stage at which the proceedings stood at the time of such discontinuance or dissolution, and all the provisions 30 of this act sba1i, so far as may be appy acoordlngiy explanation -- notwithstanding anything contalded in secuon 6, in computing 1i1e net wealth for the purp0888 of this section in any case, any as8ets referred to in clause8 (xv), (xiii) - (xlii) (xliii) (uiv), (nv), (x%1li) 35 {xxvii) (uvui) and (nil') of 8ub-sectlon (1) of that section lllball not be excluded:' amendment of section 24 ii in section 24 of the wealth-tax act in sub-secuon (4), for the words "one hundred and twenty-five rupees" the words "two hundred rupees" shall be subatltuted with 40 affect from the 1st day of june, 1981 alnendmeat of sec:tioa 26 21 in section 26 of the wea1th-tax act in 8ub-sectlon (2) for the words "one hundred add twedty-flve rupees", the words "two bulldred rupee8" iihall be 8ubstltuted with affect from the 1st day of june, 1981 \| amendment \| of \|\|------------------------\|---------\|\| section \| \|\| 27 \| \|\| ii \| \|\| in \| section \|\| 27 \| \|\| of \| \|\| the \| \|\| wealth-tax \| act, \|\| ( \| 1), \|\| fo \| r \|\| the words "two hundred \| rupees" \|\| be \| \|\| substituted with \| \|\| effect \| \|\| from \| the \|\| 5 \| \|\| amendment \| of \|\| section \| \|\| 41 \| \|sl in section 41 of the wealth-tax act, after sub-section (3), the following sub-section shall be inserted, namely:-"(4) where an association of persons referred to in section 2laa is di ssolved, notices under this a ct in respect of any matter relating to the association may be served on any person who was a member of 10 the association immediately before its dissolution " gifhax18 of 1958 amendment of section 23 15 12 in section 23 of the gift-tax act, 1968 (hereinafter referred to as the gift-tax act), in sub-section (4), for the words "one hundred and twenty-five rupees" ,the words "two hundred rupees" shall be substituted with effect from ihe 1st day of june, 1981 \| amendment \| of \|\|-------------------------\|----------\|\| section \| \|\| 25 \| \|\| 20 \| \|\| 33 \| \|\| in \| \|\| section \| \|\| 25 \| \|\| of \| \|\| the gift-tax \| act \|\| for the \| \|\| words \| "one \|\| hundr~ \| \|\| and twenty-five \| rupees", \|\| words "two hundred \| \|\| rupees" \| shall \|\| from \| the \|\| amendment \| \|\| of \| \|\| section \| \|\| 26 \| \|\| m \| \|\| in section \| \|\| 26 \| \|\| of \| \|\| the gift-tax \| act, \|\| 1) \| , \|\| for \| the \|\| "one \| \|\| hundred and twenty-five \| rupees", \|\| words "two hundred \| \|\| rupees" \| shall \|\| be \| \|\| substituted with effect \| \|\| from the \| \|\| 1st \| day \|\| of \| june, \|\| 1981 \| \|\| 25 \| \| surtcu/" , 7 of 196'1 j amendment of section 2 •• in the companles (profits) surtax act, 1964 (hereinafter referred 10 as the companles (profits) surtax aril in section 2, -(a) clause (1) shall be re-numbered as clause (la) 30 'and before the clause as so re-numbered, the following clause shall be inserted, namely:-t (1) "advance surtax" means the surtax payatie under sectlon 7a;'; 35 fb) after clause (7), the following clause shall be lnserted, !lamely:-'(7a) "regular usbama" meana an assellment made under section 6;1 •• in the companies (profits) surtax act, after section 7, the following secuojls shall be inserted, namely: -\| inertioo \|\|---------------\|\| new ec:tion \|\| 7a \|\| to \|\| 7d \|'7a( 1) in this section,-advance pll)'m t of urtu 5 (a) "chargeable amount", in relation to any previous year, means 80 much of the chargeable profits of the previous year as exceed the statutory deductlonj (b) "current ch8rgeatie amount", in relation to the advance surtax payatie by a company during any ananclal year, means the chargeable amount of the 10 company of the period which would be the previous year for the assessment year immediately following that fl d8ilclal year (2) surtax sball be payatie, in accol'dance with the provislons of thls sectlon, in advadce during the financial 15 year in respect of the chargeable amount of the period mllch would be the previous year for the lmmecuately following assessment year (3) the amount of advance surtax payaj:ie by an assessee in the flnandal year shall be computed as 20 follows:-r ii) the chargeatie amount of the latest previous year in respect of which the asselillee has been asllessed by way of regular assessment shall first be ascertained; 25 (b) in a case where the chargeable amount of the latest prevjous year lbeing a year later than the previous year referred to in clause (a)j on the basis of which a provisional assessment bas been made wider section 7 exceeds the chargeable amount referred to in clause (a), the 30 chargeable amount referred to in clause (a) shall be substituted by the chargeable amount on the basis of which ~uch provisional assessment has been made; (e) surtax shall be calculated on the chargeable amount referred to in clause (a) or, as the case may be, in clause 35 (b), at the rates specified in the third schedule (4) subject to the provisions of this section, advance surtax shall be payable in three equal instalments on the following dates during the financial year namely :-40 (a) the 15th day of june, the 15th day of september and the 15th day of december in the case of an assessee whose chargeable amount to the extent of 76 per ctllt thereof or more is derived from a source or sources for wb1ch the previous yr (relevant to the uaessm8llt year next following the financial year aforesa1c:oenda oil or before the slat _~~~~~ 6 (b) the 15th day of september, the 16th day of december and the 15th day of march in any other 08se: provided that where, in re8pect of any cla8 of aae8sees, the,board baa, in exercwe of the powers conferred by the proviso to sub-section (1) of sectlog 211 of the inoome-tax 10 act authorised the paymaat of the lallt lnatalmed of advance tax on the 15th ~ of march during the fjdanclal yr instead of on the 15th day of december, the last instald"eilt of advance surtax in the caae of euoh u8eas888 ahall also be payable on the 15th day of march during the financial year 16 (5) every company shall in each flnancjai year on or before the date oil wbleb the first instalment or where it has not previously been asesed by way of regular asse meat under this act, oil or before the date on whjch the laat instalment, of advance surtax la due in it case under sub-section 20 (4), if it is likely to have any current chargeable amouat send to the inoome~ officer,-(a) where it has be- previously aa8e •• ed by way of regular assesament under thi8 act a statement of advance surtax payable ~ l& computed in the manner laid down in 26 sub-section (3) or (b) where it baa not prevloualy bam assessed by way of regular a8 ssm_ udder thl8 act an estimate of -(i) the curreat cbargeable amoudt and (if) the advanoa surtax payable by it on the amouat 30 specified in (f) above calculated in the manner laid down in sub-seetlon (31, and shall pay such amount of advance surtax,-(0 in a 08se falung under clauae (a), as accords with the statement in equal1nstalments on th~ dates applicable in its 36 case under aub-section (4) ~ and (ii) in a case fallldg under clause (ii) aa accords with the estimate in equa1in8talments on 8uch of the dates appu-cable in its case as have not expired, or in one sum if only the last of such dates bas not aplred 40 (6) where a company wb1ch is required to bend a statement under clause (a) of sub-section (5) estimatee on or before the date on which the first instalment of advance surtax is due in its case under sub-sectiod (4) that, by reasod of its current 5 chargeable amount being likely to be less than the chargeable amount od which advance surtax is payable by it \d1der subsection (5) or for any other reason, the amount of advanoe surtax computed in the manner laid down in sub-sectlon(3) on the current chargeable amount would be less than the 10 amount of advance surtax payable by it under sub-sectioll (s), it may send to the income-tax offioer, in lieu of such statement, an estimate of -(t) the ourrent chargeable amount, and (ti) the advance surtax payable by it on the current 15 ohargeable amount calculated in the manner laid down in sub-section (3), and shall ~y such amount of advance surtax as accords with its estimate in equal instalments on the dates appucable in its case under sub-section (4) - 20 (7) where a company'which has sent a statement under clause (a) of sub-section (5) estimates on or before the date on which the last instalment of advance surtax is due in its case that by reason of its current chargeable amount being likely to be less than the chargeable amount on which advance 25 surtax is payable by it under sub-section (5) or for any other reason, the amount of advanoe surtax oomputed in the manner laid down in sub-section (3) on the ourrent chargeable amount would be less than the amount of advance surtax payable by it under sub-sectlon(5) it may, at its option, send to the 30 inoome-tax offioer an estimate of -(f) the current chargeable amount and (ti) the advance surtax payable by it on the current chargeable amount calculated in the manner laid down in sub-section (3) 35 and shall pay such alt'ount of advance surtax as accords with its estimate in equal instalments on such of the dates applicable in its case under sub-sectiod (4) as have not expired, or in one sum if only the last of such dates has not expired (8) in the case of any company whlch 1s llatiie to pay 40 advance surtax under sub-section (5) or sub-section (6) or, a the case may be, sub-section (7), if, by reasod of the current chargeable amount being likely to be greater than the chargeable amount on which the advance surtax so payable by it has been computed or for any other reason, the amount of advance surtax computed in the manner lald down in subsection (3) on the current chargeable amount (which shall be 5 estimated by the company) exceeds the amount of advance surtax so payable by it by more than twenty per cent of the latter amount, it shall on or before the date on which the last instalment of advance surtax is payable by it, send to the income-tax officer an estimate of -10 (i) the current chargeable amount, and (ii) the advance surtax payable by it on the current chargeable amount calculated in the manner laid down in sub-section (3), and shall pay such amount 01 advance surtax as accords with 15 its estimate on such of the dates applicable in its case under sub-section (4) as have not expired, by instalments which may be revised according to sub-section (9) : provided that where in respect of any company the commissioner has in exercise of the powers conferred by the first pro- 20 viso to sub-section (4) of section 209a or the first provis~ to sub-section (3a) of section 212, of the income-tax act extended the date for furnishing the estimate referred to in the said subsection (4) or 8s the case may be, the said sub-sectlon(la) rnd the company has paid the advance surtax which it is liable to pay 25 under sub-section (5) or sub-section (6) or, as the case may be sub-section (7) on or before the date on which the last instalment of advance surtax is due in its case, the company shall pay on or before the date as so extended, the amollnt by which the advance surtax already paid by it falls short of the 30 advance surtax payable in accordance with its estimate (9) the pompany may send a revised estimate of the advance surtax payable by 1t on or before anyone of the dates specified in sub-section (4) and adjust any excess or deficiency in respect of any instalment already paid in a subsequent 35 instalment or in subsequent instalments (10) every statement or estimate under this section shall be sent in the prescribed form and verified in the prescribed manner interest payable by gov-miii_t 7b the central government shall pay simple interest 40 at twelve per cent per annum on the amount by which the aggregate sum of any instahrents of advance tax paid during any financial year in which they are payable under section 7 a exceeds the amount of the tax determined on regular assess-ment, from the 1st day of april next following the said financial year to the date of the regular assessment for the assessment year immediately following the said financial year 5 idt_t ~lby 10 7c (1) where, in any financial year, a company has paid advance surtax under section 7a on the basis of its own estimate (including revised estimate), and the advanoe surtax 80 paid is 1e88 than eighty-three and one-third per cent of the assessed surtax, simple interest at the rate of twelve per cent per annum from the 1st day of april next following the said financial year up to the date of the regular assessmellt shall be payable by the company upon the amount by which the advance surtax so paid falls short of the assessed surtax (2) where, on making the regular assessment, the income-15 tax officer finds -(a) that any such company as is referred to in clause (4) of sub-section (5) of section 7 a has not sent the statement referred to in that olause or the estimate in lieu of such statement referred to in sub-section (6) of 20 that section; or (b) that any such company as is referred to in clause (b) of sub-section (5) of section 7a bas not sent the estimate referred to in that clause, simple interest at the rate of twelve per cent per annum 25 from the 1st day of april next following the financial year in which the advance surtax was payable in accordance with the said sub-section (5) or sub-section (6) up to the date of the regular assessment shall be payable by the company upon the amount equal to the assessed surtax 30 (3) where, on making the regular assessment, the income-tax officer finds that any company which is required to send an estimate under sub-secuon (8) of section 7 a has not sent the estimate referred to therein, simple interest at the rate of twelve per cent per annum from the 1st day of 35 april next following the financial year in which the advance surtax was payable in acoordance with the said sub-section (8) up to the date of the regular assessment shall be payable by the company upon the amount by which the advance surtax paid by it falls sbort of the assessed surtax 40 (4) notwithstanding anything contained in the foregoing subsections, where provisional assessment is made under section 7-(i) interest shall be calculated in aooordance with the provisions of sub-section (i) or sub-section (2) or, as the case may be, sub-section (3) up to the date on which the surtax provisionally assessed 1s paid and (tt) thereafter interest shall be calculated at the rate of twelve per cent per annum on the amount by whioh the surtax provisionally assessed falls short of the assesled 6 surtax (5) in suoh cases and 1dlder such circumstances as may be prescribed, the inoome-tax officer may reduce or waive the interest payable by the comapdf under this section (6) where, as a result of an order under sect10d 11, or 10 section 12, or section 13, or section 17, or section 18 read wjth section 260 or 8ection 262 of the income-tax act, the am01dlt on which interest was payable udder this s80tion has been reduced, the interest shall be reduced accordingly aod the exoes8 interest paid, if any, shall be refudded (7) in this section and section 9a, "assessed surtax" ljieans the surtax determined on the basi, of the regular assessment without making any deduction therefrom iiiterwt pay,le by eeill c of 1iftd~ eatildlite etc 7d where, on making the regular assessment, the income-tax officer finds that any company bas under section 20 7 a underestimated the advance surtax payable by it and thereby reduced the amount payable in either of the first two instalments, he may direct that the company shall pay simple interest at twelve per cent per annum for the period during which the payment was deficient, on the differenoe between the amount 25 paid in each such instalment and the amount whioh should have beal paid, baving regard to the aggregate advanoe surtax actually paid during the year erp'anauon - for the purposes of this section, any instalmalt due beiore the expiry of sm months from the 30 commencement of the previous year in respect of whioh it is to be paid shall be deemed to have beoome due fifteen days after the expiry of the said six months i ii in the companies (profits) surtax act, after section 9, the following section shall be inserted, namely:-3& inaertion of section 9a false eatimete of - mf to pay,lidv8dce aarta "9a (1) it the income-tax officer, in the course of bdy proceedings in connection with the regular as88ssment for any as88ssment year, is satisfied that any assessee -\| (4) \| has \|\|-----------\|-------------------------\|\| tarnished \| udder \|\| clause \| () \|\| aub- \| \|\| section \| \|\| (5) \| \|\| of \| sectlon \|\| 'fa \| a statement of advance \|\| by \| \|\| 40 \| \|\| hljd \| whloh \|\| be \| \|\| knew \| \|\| or \| had \|\| realm \| \|\| to \| \|\| believe \| \|\| to \| \|\| be \| \|\| untrue, \| \|\| or \| \|(b) has without reasonable cause faued to furnish a statement of the advance surtax payable by him in accordance with the provisioos of clause (4) of subsection (5) of sectioo 7a, 15 he may direct that such assessee shall, in addition to the amount of surtax, if any, payable by him, pay by way of penalty a sum -(t) which, in the case referred to in clause (a) shall not be less thad ten per cent but shall not exceed one 10 and a half times the amount by which the surtax actually paid during the financial year immediately preceding the assessment year under the provisions of section 7} falls sbort of -(1) eighty-three and one-third per cent of the assessed surtax or (2) the amount which would have been payable by way of advance surtax if the assessee had furnished a correct and complete statement in accordance with the provisions of clause (4) of sub-section (5) of 20 section 7 a, whichever is less; (ii) which, in the case referred to in clause (b) shall not be less than ten per cent but shall not exceed one and a half times of eighty-three and one-third per cent 26 of the assessed surtax (2) u the income-tax officer, in the course of any proceedings in connectioo with the regular assessment for any assessment year, is satisfied that any assessee -(4) has furnished under olause (b) of sub-section (5) 30 or sub-sectioo (6) or sub-sectioo (7) or sub-section (9) of section 7 a an estimate of the advance surtax payable by him which he knew or had reason to believe to be untrue, or (b) has furnished under sub-section (8) of section 315 7 a an estimate of the advance surtax payable by him which he knew or had reason to belleve to bd untrue, or (e) bas without reasonable oause faued to furnish an estimate of the advanoe surtax payable by him in aooordance with the provlsfms of clause (b) of sub-40 section (5) of section 7a, or (d) has without reasonable cause failed to furnish an estimate of advance surtax payable by hlm in accordance with the provisioos of sub-section (8) of section 7a, he may direct that such assessee shall, in addition to the 5 amount of surtax, if any, payable by him, pay by way of penalty a sum -(i) which, in the case referred to in clause (a), shall not be less than ten per cent but shall not exceed one and a half times the amount by which the surtax actually 10 paid during the financial year immediately preceding the assessment year under the provisions of section 7 a falls short of -(1) eighty-three and one-third per cent of the assessed surtax, or 15 (2) where a statement under clause (a) of subsection (5) of section 7a was furnished by the assessee, the amount payable under such statement, whichever is less; (ti) which, in the case referred to in clause (b), shall 20 not be less than ten per cent but shall not exceed one and a half times the amount by which the surtax actually paid during the financial year immediately preceding the assessment year under the provisions of section 7 a falls short of eighty-three and one- third per cent of the 25 assessed surtax; (iii) which, in the case referred to in clause (c) shall not be less than ten per cent but shall not exceed one and a half times of eighty-three and one-third per cent of the assessed surtax; and 30 (tv) which, in the case referred to in clause (di, shall not be less than ten per oent but shall not exceed one and a half times the amount of surtax payable in accordance with a statement under clause (a) or an estimate under clause (b) of sub-section (5) of 3s section 7 a or an estimate in lieu of a statement under sub-section (6) of that section falls short of etghtythree and one-third per cent of the assessed surtax erpigft~n _where the commissioner has, in exercise of the powers conferred by the first proviso to sub-40 sectim (4) of section 209a, or the first proviso to subsectim (la) of section 212, of the income-tax act, extended the date for furnishing the estimate referred to in the sa id sub-section (4) or as the case may be, the said sub-section (la) and the date so extended falls beyond the financial year immediately preceding the assessment year then, the amount 5 of surtax paid by the assessee on or before the date so extended shall for the purposes of clause (ii) of sub-section (2) also be regarded as surtax actually paid during that financial year " amendmeat of sectioll 1o in section 10 of the companies (profits) surtax act, after the words and figure ''under section 9", the words 10 figure and letter "or section 9a" shall be inserted amendment of section 11 in section 11 of the companies (profits) surtax act, in sub-section (1), after the words "fine imposed by the income-tax aftcer, " the words, figure and letter "or objecting to the interest levied by the income-tax officer 15 under section 7d, " shall be msened amendment of section 12 •• in section 12 of the companies (profits) surtax act in sub-section (6) for the words "one hundred and twentyfive rupees" the words ''two hundred rupees" shall be substituted with effect from the 1st day of june, 1981 20 el in section 18 of the companies (profits) surtax act amendment of section 18 for the figures and word "220 to 229" the figures and word "218 to 229" shall be substituted it in the companies (profits) surtax act, after section 24a the following sectioll :jhall be inserted namely:-\| idsertion \| of \|\|--------------\|---------\|\| new \| section \|\| 24aa \| \|25 30 power to make ellemption,etc, in relation to participation in the busineaa of plospectin& for, ntr:tion, etc, of mineral oils '24aa (1) u the central government is satisfied that it is necessary or expedient so to do in the public interest it may by notification in the official gazette, make an exemption reduction in rate or other modification in respect of surtax in favour of any class of foreign companies specified in sub-section (2) or in regard to the whole or any part of the chargeable profits of such class of companies explanation • -for the purposes of this sub-section, ''foreign company" shall have the meaning assigned to it 35 in clause (4) of section 80b of the income-tax act (}) the foreign companies referred to in sub-section (i) are the following, namely:-(ca) foreign companies with whom the central government has entered into agreements for the 40 association or partlclpation of that government or any person authorised by that government in any business colulistlng of the prospecting for or extraction or production of mineral ous; and 6 (b) foreign companies rendering technical servioes in connection with any business conslattng of the prospectldg for or extraction or production of mineral ous carrted oil by that government or lilly persoll specified by that government in this behalf by nouncation in the aficia) gazette (3) every notlfication issued under this section shall be laid before each house of parliament \| \| \| \| \| explanation \| - \|\|-----------\|------\|----------\|-----------\|-----------------\|---------\|\| for \| the \| purposes \| of \| this \| 8actim, \|\| ''mineral \| ou" \| includes \| petroleum \| \| \|\| and \| \| \| \| \| \|\| natural \| gas \| ' \| \| \| \|\| 10 \| \| \| \| \| \|\| amendment \| of \| \| \| \| \|\| firat \| \| \| \| \| \|\| schedule \| \| \| \| \| \|q in the first schedule to the companies (proftts)surtax act, in rule i, the following elp'clngtion shall be added at the end, namely:-20 "explgjl4ltion - -notwithstanding anything colltained in rny clause of this rule the amount of any income or profits and gains which ia required to be excluded from the total income under that clause shall be only the amount of such income or profits and gains as computed in accordance with the provisions of the income-tax act (except chapter via thereof) and in a case where any deduction ia required to be allowed in respect of any auch income or profits and gains under the said chapter via, the amount of such income or profits and gaina computed as aforesaid as reduced by the amwnt of such deduction " 25 amendeat of act 45 of 1974 in section 16 of the lnterest-tax act, 1974:, in subsection (6) for the words "008 hundred and itwenty-five rupees" the words ''two lundred rupees" shall be substituted with effect from the 1st day of june, 1981 hotel-receipts tar 30 amendment of act 54 of 198()' in section 19 of the hotel- receipts tax act, 1980, in sub-section (6) for the words "ode hundred and twenty -five rupees", the words "two hundred rupees" shall be substltuted with effect from the 18t day of june, 1981 chapter iv 35 iflldiiect taxesa_eadmeat of act 51 of 1975 • the customs tariff act 19'75 (hereinafter referred to as the customs tariff act) shall be amended in the madder apec1fied in the second schedule duties of cuatoaa •• q (1) in the case of goods mentioned in the first schedule to the customs tariff act, or in that schedlle, as amended from time to time, there shall be levied and collected as an auxiliary «lity of customs an amount e~al to twenty-five per 5 cent of the value ofthe goods as determined in accordance s2 of 1962 with the provisions of section 14 of the customs act, 1962 (hereinafter referred to as the customs act) (2) sub-section (1) shall cease to have effect after the 31st day of march, 1982, except as respects things done or omitted 10 to be done before such cesser; and section 6 of the general 10 of 1897 clauses act, 1897, shall apply upon such cesser as if the said sub-section had then been repealed by a central act 0) the auxiliary duties of customs referred to in subsection (1) shall be in addition to any duties of customs 15 chargeable on such goods under the customs act, or any other law for the time being in force (4) the provisions of the customs act and the rules and reillations made thereunder, including those relating to refunds and exemptions from wues, shall, as far as may 20 be, apply in relation to the levy and collection of the auxiliary duties 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 goods under that act or those rules and regulations, as the case may be \| ameadmeot \| of \|\|--------------\|-------\|\| act 1 \| \|\| of \| \|\| 1944 \| \|\| special \| \|\| dati_ \| \|\| of \| \|\| ilrri \| \|25 the central excises and salt act, 1944 (hereinafter referred to as the central excises act), shall be amended in the manner specified in the third schedule (1) in the case of goods chargeable with a duty of excise under the central excises act, as amended from time to time, 30 read with any notification for the time being in force issued by the central government in relation to the duty so chargeable, there shall be levied and collected a special wty of excise equal to ten per cent of the amount so chargeable on such goods 35 (2) &tb-section (1) shall cease to have effect after the 31st day of march, 1982, except as respects things done or omitted to be done before such cesser; and section 6 of the general 10 of 1897 clauses act, 1897, shall apply upon such cesser as if the laid sub-section had then been repealed by a central act 40 (3) the special duties of excise referred to in sub-sectioo (1) hall be in addltion to any dtties of excise chargeable on such goods under the central excises act, or any other law for the time being in force (4) the provisions of the central excises act and the rules made thereunder, including those relating to rel1nds and exemptions from mties, shall, as far as may be, apply in relation to the levy and collection of the special duties of excise leviable under this section in respect of any goods as they 5 apply in relatim to the levy and collection of the duties of excise on ajch goods under that act or those rules, as the case may be \| adlestdmestt \| of \|\|-------------------------------\|--------------\|\| act 58 \| \|\| of \| \|\| 1957 \| \|\| 10 \| \|\| in the \| first \|\| to \| \|\| the additional \| ntties \|\| of \| \|\| excise \| \|\| (goods of special importance) \| act, \|\| item \| \|\| no4, \| under \|\| "ii \| \|\| mgnufcu:tured \| \|\| tobacco \| _", \|\| for \| the \|\| against \| sub-item \|\| (2), \| \|\| the \| entry \|\| ad \| lialor \|\| plus \| \|\| ten \| rupees \|\| ii \| \|\| shall \| \|\| be \| \|\| substituted \| \|\| adleadmestt \| of \|\| act 40 \| \|\| of \| \|\| 1978 \| \|\| 11 \| \|\| in \| \|\| section \| \|\| s \| \|\| of \| the \|\| and \| \|\| textile \| articles) \|\| (1), \| \|\| for \| the \|\| words \| ''ten \|\| the \| \|\| words \| "fifteen \|\| be \| \|\| substituted \| \|\| ~mendmesttof \| \|\| act \| 16 \|\| of \| \|\| 1955 \| \|\| 12 \| \|\| the \| medicinal \|\| and \| \|\| tonet \| preparations \|\| act, \| 1955, \|\| be \| \|\| amended in the \| manner \|\| fourth \| schedule \| chapter v mlsa:uaneousamdmeatof act 38 m 1974 in the compulsory deposit scheme (income-tax payers) act, 1974,-25 (a) in section 3,in sub-section (l) for the figures, letters and words "1st day of april, 1982 ", the figures, letters and words "1st day of april, 1984" shall be substituted: 30 fb) in section 4, in sub-section (ll, in clause (iii), for the figures, letters and words "1st day of april, 1982", the figures, letters and words "1st day of aprn, 1984" shall be aubstituted: (c) in 8ection 8, with effect from the 1st day of june, 1981, -(1) after sub-aection (n, the following sub-section 36 shall be inserted, namely:-"(ia) notwithstanding anything contained in sub-8ection ( 1) , -(a) the amount of compulsory deposit made by or recovered from an individual, or 40 (b) the amount of compulsory deposit made by or recovered from any person who is assessable under the lnoome-tax act in respect of the total income of an individual, on behalf of such individual, 5 shall, to the extent it has remained unpaid, be repayable, together with interest thereon,-(i) where such individual has attained the age of seventy years before the 1st day of april, 1981, on the 1st day of june, 1981; and 10 (ii) in any other case, on the 1st day of the financial year immediately succeeding the financial year in which slch individual attained seventy years of age "; (ii) in sub-section (2), after the words, brackets and 15 figure "under sub-section (l)~', the words, brackets, figure and letter "or sub-section (la)~' shall be inserted declaration under tile provisional collection of talts act, 1931it is hereby declared that it is expedient in the public 20 interest that the provisions of clauses 46, 47, 48, 49, 50, 51 and 52 of this bill shall have immediate effect under the 16 of 1931 provisional collection of taxes act, 1931 part 1 income-tax and surcharge on income-tax sub-pcuqraph iin the case of every individual or hindu undivided family or unregistered firm or other association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of 10 section 2 of the income-tax act, not being a case to which sub-paragraph n of this paragraph or any other paragraph of this part ilpplies,-\| rates \| of \|\|-----------------\|---------------------\|\| f"'''tne-tai \| \|\| nil; \| \|\| 15 \| \|\| (1) \| where \|\| does \| not \|\| (2) \| \|\| where \| the total \|\| exceeds \| rs \|\| exceedrs15,ooo \| \|\| 15 \| per \|\| which the \| \|\| total \| income \|\| rs \| 8,000; \|\| 20 \| \|\| (3) where the \| tutal \|\| exceeds \| rs \|\| exceed \| rs20,ooo \|\| rs \| \|\| i, \| \|\| 050 \| \|\| plus \| \|\| 18 \| per \|\| the amount \| by \|\| income \| exceeds \|\| 25 \| \|\| (4) \| \|\| where \| the \|\| exceeds \| rs \|\| exceed \| rs \|\| rs \| 1,950 \|\| plus \| \|\| 25 \| \|\| per \| cent \|\| the \| amount by which the \|\| income \| exceeds \|\| (5) \| where \|\| exceeds \| rs \|\| exceed \| rs30000 \|\| rs \| 3,200 \|\| plus \| \|\| 30 \| per \|\| the \| amount by which the \|\| income \| exceeds \|\| 30 \| \|\| rs \| 4,700 \|\| plus \| \|\| 40 \| per \|\| the \| amount \|\| income \| exceeds \|\| (6) \| \|\| where \| the \|\| exceeds \| rs \|\| exceed \| rs \|\| (7) where \| \|\| the \| total \|\| plus \| \|\| 50 \| per \|\| exceeds \| \|\| ra \| \|\| 50,000 \| but \|\| by \| \|\| which \| \|\| the \| \|\| total \| \|\| exceed \| r8 \|(8) where the total income exceeds rs 70,000 but does not exceed rs i, 00, 000 \| rs \| 22,700 \|\|-------------------------------\|-----------\|\| plus \| \|\| 55 \| per \|\| the amount \| by \|\| income \| exceeds \|\| (9) \| \|\| where the total income \| \|\| 5 \| \|\| oxceeds \| rs \|\| rs \| 39,200 \|\| plus \| \|\| 60 \| per \|\| the amount by which the total \| \|\| income \| \|\| exceeds \| rs \|provided that for the purposes of this sub-paragraph, -(i) no income-tax shall be payable on a total income not exceeding rs 12, 000; 10 (iil where the total income exceeds rs 12,000 but does nol exceed rs 16,250, the income-tax payable thereon shall not exceed thirty per cent of the amount by which the total income exceeds rs 12,000 surcharge on ,"come-tcu15 the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall be increased by a surcharge for purposes of the union calculated at the rate of tcn per cent of such income-tax sub- p arl1araph ii20 in the case of every hindu undivided family which at any time during the previous year bas at least one member whose total income of the previous year relevant to the assessment year commencing on the 1st day of april, 1981 exceeds rs 12,000, - ratts of utcomeo(u25 (1) where the total income nil; ~oes not exceed re 8, 000 (2) where the total income exceeds rs 8, 000 but does not exceed rs 16,000 \| 22per ceot \| of \|\|------------------------\|--------\|\| the \| \|\| amount by \| \|\| which the total income \| \|\| exceeds \| \|\| rs \| 8,000; \|30 (3) where the total income exceeds rs 16,000 but does dot exceed re 20, 000 rsl,540 plus 27 per cent of the amount by which the total income exceeds rb 16, 000; 35 (4) where the total income exceeds rs 20,000 but does not exceed re25,ooo \| rs \| 2,890 \| plus \|\|---------------------\|----------\|---------\|\| the amount by which \| \| \|\| the \| \| \|\| total \| \| \|\| income \| \| \|\| exceeds \| rs \| 20,000; \|\| \| (5) \| where \| the \| total \| income \|\|---------\|-----------\|----------\|---------\|----------\|-----------\|\| exceeds \| rs \| 25,000 \| but \| does \| not \|\| exceed \| rs30,ooo \| \| \| \| \|\| rs \| 4,640 \| \| \| \| \|\| plus \| \| \| \| \| \|\| 40 \| per \| cent \| of \| \| \|\| the \| amount \| by \| which \| the \| total \|\| income \| exceeds \| rs \| 25,000; \| \| \|\| 5 \| \| \| \| \| \|\| (6) \| \| \| \| \| \|\| where \| the \| total \| income \| \| \|\| exceeds \| rs \| 30,000 \| \| \| \|\| but \| \| \| \| \| \|\| does \| not \| \| \| \| \|\| exceed \| rs50,ooo \| \| \| \| \|\| rs \| 6,640 \| \| \| \| \|\| plus \| \| \| \| \| \|\| 50 \| per \| cent \| of \| \| \|\| the \| amount \| by \| which \| the \| total \|\| income \| exceeds \| rs \| 30,000; \| \| \|\| (7) \| \| \| \| \| \|\| where \| the \| total \| income \| \| \|\| exceeds \| rs50,ooo \| \| \| \| \|\| rs \| 16,640 \| \| \| \| \|\| plus \| \| \| \| \| \|\| 60 \| per \| cent \| of \| \| \|\| the \| amount \| by \| which \| the \| total \|\| income \| exceeds \| rs \| 50,000: \| \| \|provided that for the purposes of this sub-paragraph, -10 (i) no income-tax shall be payable on a total income not exceeding rs 12,000; (ii) where the tota1mcome exceeds rs 12,000 but does not exceed rs17, 610, the income-tax payable thereon shall not exceed forty per cent of the amount by which the total income 15 exceeds fts12000 the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall be increased by a surcharge for purposes of the union calculated at the rate of 20 ten per cent of l:iuch income-tax paraaraph bin the case of every co-operative society,-\| rates \| of \|\|-------------\|-----------\|\| income-tal' \| \|\| 25 \| \|\| (1) \| where \|\| does \| not \|\| 15 \| \|\| per \| cent \|\| idcome; \| \|\| (2) \| where \|\| exceeds \| rs \|\| exceed \| rs20,000 \|\| rs \| 1,500 \|\| the \| amount \|\| income \| exceeds \|\| (3) \| where \|\| exceeds \| rs20,ooo \|\| rs \| 4,000 \|\| plus \| \|\| 40 \| per \|\| the \| amount \|\| the \| \|\| total \| \|\| income \| exceeds \|the amolult of income-tax coiilpited in accordance with the preceding provisions of this pa!'ltl1'rph shall be increased by a surcharge for purposes of the union calculated at the rate of 5 ten per cent of such income-tax parasraph c slibp,nasraph iin the case of every registered firm not being a case to which sub-paragraph ii of this paragraph applies-ratts of inco,"e~tax 10 (1) where the total income nil; does not exceed rs 10000 (2) where the total inoome exceeds rsi0,ooo but does not exoeed ri 25 000 5 per cent of the amount by which the total income exceeds rs 10000; 15 \| rs \| 750 \|\|---------\|-----------\|\| pills \| \|\| 7 \| \|\| per \| cent \|\| amount \| by which \|\| inoome \| exceeds \|\| (3) \| \|\| where \| the \|\| exceeds \| rs \|\| exceed \| rs50000 \|20 (4) where the total income exoeeds rs 50000 but does not exceedral00000 rs 2500 pills 15 pet cent of the amount by which the total income exceeds rs 50,000; (5) where the total income exceeds rsl,oo,ooo rs 10000 pills 24 per cent of the amount by which the total income exceeds rs 100000 25 surcharqt on income-tax 1'he amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall be increased by a surcharge for purposes of the union calculated at the rate of ten per cent of such income-tax 30 in the case of'every registered firm whose total income includes income derived from a prf)fesslon carried on by it and the ldcome 80 included is not less tbad fifty-one per cent of such total income,- rates of iflcolle-ttunil; (1) where the totalldoome does not exceed' 10,000 5 (2) where the tot in\ }ome exceeds rslo, 000 but does not exceed re 25, 000 " per oent of the amuunt by which the total income exceeds rs 10,000; (3) where the tota11ncome exceeds rs 25,000 but does not exceed ra 50, 000 rs 800 pills 7 per cent of the amount by which the total income 10 exceeds rs 25,000; rs 2, 350 pills 13 per cent of the amount by which the total income exceeds rs 50,000; (4) where the total income exceeds re 50,000 but does not exceed re 1,00,000 15 (5) where the total income exceeds ra 1, 00, 000 rs 8,850 pills 22 per cent of the amount by which the total income exceeds rs 1,00,000 surcharrt on income-tiltthe amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall be increased 20 by a surcharge for purposes of the union calculated at the rate of ten per cent of such income-tax explanation - for the purposes of this paragraph, "registered firm" includes an unregistered firm assessed as a registered firm under clause (b) of section 183 of the income-tax act 25 rar~raph din the case of every local authority,- rale of income-lar\| on \| the \| whole of \|\|------------\|--------\|-------------\|\| 50 \| per \| cent \|\| sllrcharre \| \| \|\| on \| \| \|\| income-lax \| \| \|\| 30 \| \| \|the amount of income-tax computed at the rate hereinbefore specified shall be increased by a surcharge for purposes of the union calculated at the rate of ten per cent of such incometax in the case of a company,- rlltsfixl in the case of a domestic· y, -5 (1) where the company i8 a company in which the public are substantially interested,--/ (i) in a case where the 45 per cent of the total income; total income does not exceed 10 rsl,oo,ooo (ii) in a case where the 55 per cent of the total income; total income exceeds rb 1,00,000 (2) where the company is 15 not a company in which the public are substantially interested, -(i) in the case of an industrial company,_ 20 55 per cent of the total income; (a) where the total income does not exceed rs2,oo,ooo 60 per cent of the total income; 25 (b) where the total income exceeds rs 2, 00, 000 (h) in any other case 65 per cent of the total income: provided tbat-{tj the income-tax payable by a domestic company, being a company in which the public are substantially interested, 30 the to-l income of which exceeds re 1,00,000, sball aot exceed the aaregate of-(0) the income-tax which would bave been payable by the company if ita total 1dcome bad been ae 1,00, 000 (the 1ncome of ra 1,00,000 for this purpo heidi oom-3s puted •• 11 lucb tacome included idcome froid y&l'tou sources in the same proportion as the totalldcome of the complllly); and (b) eighty per cent of the amount by which its total idcome exceeds rs 1,00,000; (ii)" the income-tax i • vable by a domestic company, dot 5 heir - a company in whi, tll,be public are substantially inte 'ted, which is an '1 1trial company bdd the total \ 1neon ie i,' which exoeeds i\s 2, 00, 000, shall not exceed the am; , _, of-\| \| \| \| \| \| (a) \| \ \|\|----------\|---------------\|------------\|------------------\|------\|---------\|--------\|\| in" \| \| ;ome-tax \| which would have \| been \| payable \| by \|\| 10 \| \| \| \| \| \| \|\| the \| \| \| \| \| \| \|\| com~, \| \| \| \| \| \| \|\| i'lf \| its \| total \| income \| \| \| \|\| had \| \| \| \| \| \| \|\| been \| rs \| \| \| \| \| \|\| 2,00,000 \| \| \| \| \| \| \|\| (the \| income \| of \| rs \| \| \| \|\| 2,00,000 \| \| \| \| \| \| \|\| for \| \| \| \| \| \| \|\| this \| \| \| \| \| \| \|\| purpose \| beidi \| com- \| \| \| \| \|\| puted \| as \| \| \| \| \| \|\| if \| \| \| \| \| \| \|\| such \| income \| included \| income \| from \| various \| \|\| sources \| \| \| \| \| \| \|\| in \| \| \| \| \| \| \|\| the \| same \| proportion \| as \| the \| total \| income \|\| the \| company); and \| \| \| \| \| \|\| 15 \| \| \| \| \| \| \|(b) eighty per cent of the amount by which its total income exceeds rs 2,00,000 ii in the case of 8 company other than a domestic company,-(i) on so much of the total income 8s consists of-20 25 (a) royalties received from an indian concern in pursuance of an agreement made by it with the indian concern after the 31st day of march, 1961 but before the 1st day of april, 1976, or 30 35 (b) fees for rendering technical services received from an tndian concern in pu rsuance of an agreement made by it with the ldd1an concern after the 29th day of february, 1964 but before the 1st day of april, 1976, 50 per cent ; 40 and where such agreement has, in eithet case, been approved by the central government 70 per cent (ii) on the balance, u any, of the total income swcharat on income-t4%45 the amount of income-tax computed in accordance with the preceding provisions of this paragraph shall be increased by a surcharge calculated at the rate of seven and a half per cent of such income-tax $ ~ i part nrates for deduction of at soutee in cert4in cases in every case in which vfi' the provisions of-~ctions 193, 194: 194a, 194b, 194bb" ) an~5 of the !rne-tax act, 5 tax is to be deducted at tl " ,8 i rce, de, ,in shall be made from the income subject tea:; c~io 'following rates:-orne-tax rate of surchar~e 10 1 in the case of a person other than a company-(a) where the person is res ident in india-10 per cent nil; 15 30 per cent :1 per (,-ent , (i) on income by way of interest other than "interest on securities" (ii) on income by way of winnings from lotteries and crossword puzzlef! 30 per cent 20 3 per cent; (iii) on income by way of winnings from ho!' f, races nil; 10 per cent (ill) on incom~ :i way of insurance oomjyll~8ion nil; 10 per cent 25 (v) on incollit by way of interest payable on -(a) any security other than a tax-free security, of the central or a state government; 30 (b) any debentures or other securities for money issued by or on behalf of any local authority or a oorporation established by a 36 central, state or provincial act; (c) any debentures issued by a company where such de bentures are listed in a 40 recognised stock exchange in india in accordance with the income-tax rate of income-tar rate of surcharge 'i }, securities contracl' a ,'~-lation) act, 1956, 'i ·te~ rules made thereur ~"" 20'per cent 2 per cent; (vi) on any other 1nc~-~' "! - (excluding interest payill~ '''~ , n (' on a tax-free security) :" 10 (b) where the person is not resident in india-(i) on the whole income (excluding interest payable on a tax-free security) income-tax at 30 per cent and surcharge at 3 per cent of the amount of the income, or 15 income-tax and surcharge on income-tax in respect of the income at the rates prescribed in sub-paragraph i of paragraph a of part m of this schedule, 20 if such income had been the total income, whichever is higher; 15 per cent 15 per oent 25 (ii) on income by way of interest payable on a taxfree security 2 in the case of a oompany-(ci) where the company is a domestic company-(i) on income by way of 20 per cent 05 per cedt ; so interest other than "interest on securitie8" 215 per oent 05 per cent; (ti) on any other income (excludiag interest payable on a tax-free security) 35 (b) where the company is dot a domestic compadj-as per cent hi!; (i) on income by "y of divldeqda payjble by lay dome1e company 40 "'co~e~ f ll't una income-tax iii n (9) 01, of rate of e nilj,-tax surcharge , "'" _____________________ w~ ~~~------------nil; ~ , / , 40 pier cent( ~h tb!, -5 (il) on income by way of royalty payable by an indian concern in pursuance of an agreement made by it with the indian concern after the 31st day of march, 1976, 10 where such royalty is in consideration for the transfer of all or any rights (ldcludlng the granting of a licence) in respeot of copyright in any 15 book on a subject referred to in the proviso to sub-section (ia )of section u5a of the income-tax act, to the indian concern 20 (iii) on income by way of royalty lnot being royalty of the nature referred to in bub-item (b) (i}jj payable by an indian concern in 25 pursuance of an agreement made by it with the indlad concern and which has been approved by the central government, -50 per oent 1 25 per cent ; 30 (a) where the agreement ia made after the 31st day of march, 1961 but before the 1st day of aprll 1976 (8) where the agreement 35 18 made after the 31at day of march, 1976-20 per cent nil; 40 (1) on 10 muoh of the amount of suoh ldoome u oonal8ta of lump 8wd oonatderatjon for the transfer , t va,f rate of '"i~x surcharge outfid~ india of, r ~ ':w lmpartingof into'~' outside india in re\in ' of any data docum"jl tlan, drawing or specification relating to any patent, invention model, design secret formula or process, or trade mark or similar property 40 per cent nil; (2) on the balance if any, of such income (ill) on 1dcome by way of fee8 for technical services payable by an indian concern to pursuance of an agreement made by it with the indian concern and which has been approved by the central qovernment-60 per cent 125 per cent; 25 (a) where the agreement is made after the 29th day of february 1984 but before the 1st day of april 19'76 40 per cent nil; 30 (8) where the agreement 18 made after the 318t day of march 1976 '44 per cent ll per cent ; (ii) on income by way of interest payable on a taxfree aecurity (1't) od ad)' other 1dcom e to per cem 1 75 per cent 36 part iiirales for calculating or churgil;~' come-~tll in certain casfs, deducting inceflle-ial from inco",t c/j ie undh the head "sala tes" or cbt)' payment rtferrea to in sil,6f in " (9) of' seclion 80£ an ~ computing 5 10 15 i advanct' lax· ' \"",,'" :11 ~e nil"j \,'" in cases in which income-te,;' 1 ~''''''"'''''';-;'lated under the first proviso to sub-section ( 5~ "- ~~ t i the income-tax , _r cen act or charged under sub-section (4,1ch t 172 or sub-section (2) of section 174 or section 175 or i 1~don (l) of section 176 of the said act or deducted under se~ 192 of the said act from income chargeable under the head "salaries" or deducted under subsection (9) of section 80e of the said act from any payment referred to in the sald sub-sectlon (9) or in which the "advance tax" payable under chapter xvii-c of the said act has to be computed, at the rate or rates in force, such income-tax or, as the case may be, "advance tax" (not being "advance tax" in respect of any income chargeable to tax under chapter xu or section 164 or section 164a or section 167 a of the income-tax act at the rates as specified in that chapter or section), shall be so calculated charged, deducted or computed at the following rate or rates:-20 paragraph a sub-p aragraph iin the case of every individual or hindu undivided fam ily or unregistered firm or other association of persons or body 25 of individuals, whether incorporated or not, or every artiflctal juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act not being a case to whh:h sub-paragraph d of thls paragraph or any other paragraph of this part applies,-30 rates of incojlft-'w (1) where the total income nil; does not exceed ra 15,000 (2) where the total inoome exceeds rs15, 000 hut does dot 36 exceed re 25,000 30 per cent of the amount by which the total ldoome exceeds rs 15, 000; (3) where the total lnoome exceeds r8 25, 000 but doea ddt exceed ra 30,000 rs 3,000 ,'us 34 per cent of the amount by which the total income exoeed r •• 25,000; 5 (4) where the tota11ncome r, 4, 700plu5 40 per ceot,of exceeds rs 80,000 but does njt ~'! amount by which the total exceed rs 50,000 • ,me exceeds rs 30,000; v'" '1 (6) where the totallncolf' e -- -11 :t 700phu 50 per cent exceeds rs 50, 000 but doe r 1_; amount by whjch the not exceed rs70, 000 ~\ _ idcome exceeds ril~ 50,000; (6) where the tot ';in - ,;' rs22,700pjus 55 per cent exceeds rs 70, 000 bu'~ of the amount by which the not exceed rs 1 t 00,000 total income exceeds rs 70,000; 10 ('7) where the total income exceeds rs 1, 00 t 000 rs 39,200 plus 60 per ceut of the amount by which the total income exceeds rs 1 too, 000 the amount of income-tax computed in accordance with the 15 precedjng provisloll8 of this sub-paragraph shall be increased by a surchage for purposes of the union calcwated at the rate of ten per cent of such lncome-tax in the case of every hindu undivided famuy which at any time 20 during the prevloub year bas at least doe member whose total income of the previous year relevant to the assessment year commencing on the 1at day of aprb, 1982 exceeds rs15,ooo, -25 nil; (1) where the total income does not exceed ra 8,000 (2) where the total income exceeds rs 8,000 but does not exceed rs 15,000 22 per cent of the amount by whjch the tota11ncome exceeds r •• 8,000; rs 1,540 plus 27 per oent 30 (3) where the total income exceeds rs 15,000 but does not exceed rs 20,000 of the amount by which the total income exceeds rs1s, 000; (4) where the total income 8eceeds rs 20,000 bjt does dot emceed rs 25,000 rs 2,890 plus 35 per oent of the amount by which the total idoome exceeds ba20, 000; 36 (5) where the to~l ilf\ome exceeds rs 25, 000 bl ~ not exceed rs 30, 0 ' " rs 4,640 phl5 40 per cent of the amount by which the total income exceeds "'" i of income-tax '> rs 25,oooi \ 5 (6) where the k me nii;i p~, (i640 plus 50 per cent exceeds rs 30, 000 ~ ?unt by whlch the exceed rs 50, 000 ~ i /me exceeds ,/ per cent o:t/oooi \lcb th, (7) where the total income ta 10/-8 16,640 plus 60 per cent 10 exceeds rs 60,000 of the amoudt by whlch the total income exceeds rs50,000: provided that for the purposes of this sub-paragraph,-(i) do income-tax shall be payable on a total income not exceeding rs 12, 000; 15 (ti) where the total income exceeds re 12,000 but does not exceed rs 17,610, the income-tax payable thereon shall not exceed forty per cent of the amount by which the total income exceeds rs 12,000 surcharge 4)n incolftt-iax20 the amount of income-tax computed in accordalloe with the preoedldg provisions of this sub-paragraph shall be iaoreued by a surcharge for p,lrposes of the union calculated at the rate of ten per cent of such income~ parclfp'aph b25 in the cue of every co-operative society,-15 per cent of the total bloome; (1) where the total income doe not exceed rs 10,000 (2) where the total income 30 exceeds re 10,000 but doea dot exceed ra 20,000 re 1,500 pbt 25 per oedt of the amoudt by which the total income aceeda ra 10,000; (3) where the total moome aceeda re 20,000 ra 4, 000 pba 40 per cedt of the udoudt by wbkll tile total jdoome aceeu be 20,000 surcharf~ on incorr a '1the amount of fncome-t '/j' ~ ~_:r- ~cordanoe with the precec:ung provisions of thlb ~ , v '1:, 1 be increased by a surcharge for purposes of ~" , '~" i;ed at the rate of ten per cent of suj!b¥·,come " )_: ,,-~, in the case of every regtst?red firm, not being a case to which sub-paragraph n of this paragraph applies,-rates of income-tax 10 (1) where the total income nil; does not exceed rs 10,000 (2) where the total income 5 per cent of the amount by exceeds rs 10,000 but does dot which the total income exceeds exceed rs 25,000 rs 10,000; 15 (3) where the total income rs 750 pills 7 per cent of exceeds rs 25, 000 but does not the amount by which the total exceed rs 50,000 income exceeds rs 25, 000; 20 (4) where the total income rs 2,500 pills 15 per cent exceeds rs 50,000 but does dot of the amount by which the exceed rs 1,00,000 total income exceeds rs 50,000; 25 (5) where the total income ra 10,000 plus 24 per cent exceeds rs 1,00,000 of the amount by which the total incom e exceeds rs 1,00,000 surdlar~t on incoptle-taxthe amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall be increased by a surcharre for purposes of the union calculated at die rate 30 of ten per cent of such income-tax sub-paradraph iiin the case of every registered firm whose total income includes income derived from a profession carried on by it and the income 80 included is not less than fifty-one per cent of reh tota11ncome,- rates of incom,-talnil; (1) where the total income does not exceed rs 10,000 5 (2) where the total income exceeds rs 10,000 but does not exceed rs 25, 000 4 per cent of the amount by which the total income exceeds rs 10,000; (3) where the total income 10 exceeds rs 26,000 but does not exceed rs 50,000 rs 600 plus 7 per cent of the amount by w hioh the total income exceeds re 25,000; (4) where the total income exceeds rs 50,000 but does not exceed re 1,00,000 15 re 2,350 plus 13 per cent of the amount by which the total income exceeds rs 50,000; (5) where the totallncom~ exceeds re i, 00, 000 rs 8,850 plus 22 per cent of the amount by which the tota1income exceeds re 1,00,000 20 surcharge on jncom,~rarthe amount of 1ncome-tax computed in accordanoe with the preceding provisions of this sub-paragraph shall be increased by a suroharge for purposes of the union calculated at the rate of ten per cent of inch income-tax 25 eqlgft4twn -for the purposes of this paragraph, "registered firm" 1dc1udes an unregistered firm &ssessed as a registered firm udder clause (b) of section 183 of the income-tax act parqraph 0in the case of every local authority,-rate of incolltca 30 50 per cent on the whole of the total income saach,t on illcoiiit-tathe amount of income-tax computed at the rate hereinbefore apecuied a11 _ idcreued by a s1ll'obarge for purpoml of the 8& us oaloulated at t:m rate often per cent ~ luoh 1doome-tu in !he case of a company- rates of incolle-tcil i in the case of a domestic company-5 (1) where the company is a company in which the pubuc are substantially mterested-45 per ~ent of the total income; 10 (i) in a case where the total income does not exceed re 100000 (ii) in a case where the total 55 per centof the total income; income exceeds rs 100000 (2) where the company 18 not a company in which the public are substantially intereated -15 (i) in the cale of an idduitr1a1 company,-(a) where the total 55 per cent of the total income; inoome does not exceed rs 2, 00, 000 20 (b) where the total 60 per oent of the total income; income exceeds ra 2,00,000 (ii) in any other cue 66 per oat of the total income: provided that -(i) the income-tax p&jable by domestic company, being a 25 company in which the public are 1iubstadtia11y tnterend, the total income of wblch exceeda rs 1,00, ooo,ha11 dot exoeed the aggregate of -(a) the inoome-tax which would have been pqabje by the company if it total idoome had been rs 1,00,000 (the income ,ao of a 1, 00, 000 for tb1a pw'p08e being oomputed u if such bloome 1bchlded tdcome from various sources ill tbe same proport1od tbe total iiloome of tbe oompany); add (b) eighty per cent of the amount by which its total income exceeds rs 100,000; (u) the income-tax parable by a domeet1c company, not beidg a oompany in which the public are subatadttally interested, which 5 18 an ind1l8trial company and the total income 01 which exceeds re 2, 00, 000, shall not exceed the aggregate of-(a) the income-tax which would have been payable by the company if ita total income had been rs 2, 00, 000 (the income do rs 2, 00, 000 for thi8 purpose beidg computed as 11 81ich 10 income included income from various sources in the aame proportion as the total income of the company); and (b) eigbty per cent of the amount by which its totalidoome exoeeda rs 2, 00,000 a in the case of a oompany other than a domestlc compay,-15 (i) cd 80 much of the total income as ccilslsts of-(a) royalties reoelved from an indlan ccllcern in pursuanoe of an agreement made by 20 it with the indian ooacem after the 31st dav of march, 1961 but before the 1st day of april, 1978, or ("> fees for rendering teclllical 25 services received frca ad idd1an conoern in pursuuoe of an agreement made by it with the indian ooncern after the 29th dq 01 febnull'y, 1964 but baton the 1st 30 day of apru, 19'76, 60 per cent ; and where 8uch ent hut in either case been tpproved by the central oove~ 70 per cent (u) on the balud8, if 8d,j, 15 of the totaltdoome the 8luount of income-tax computed in accordance with the preceding provlsiclds of this paragraph shall be increueci by a surcharge calculated at the rate ~ two and a half per cent of such income -tax 5 part iv [sui section 2(7)(ed rules roa computation of net agllajl11j1al incomerille i -agrlcultural lncome of the nature referred to in sub-clause (a) of clause (1) of sectlon 2 of the income-tax act 10 shall be computed as if lt were income chargeable to income-tax under that act under the bead ''income from other sources" add the provisiclds of sec~ 57 to 59 of that act shall, 80 far as may be, apply acoordingly: provided that sub-section (2) of sectlon 58 shall apply subject 1& to the modificatlon that the reference to sectlon 40a therein 8hall be construed as not including a reference to aub-sectlclll8 (3) iidd ( 4) of section 40a rill e 2 -agricultural income of the nature referred to in sub-clause (b) or sub-clause (e) of clause (1) of section 2 of the 20 income-tax act [other than income derived from any buudlng required as a dwelling house by the receiver of the rent or revenue or the cultivator or the receiver of rent-ln-kind referred to in the said bubo-clause (evsball be computed u if it were income chargeable to income-tax under that act udder the head "profits 26 and gaids of bustnes8 or profe8slon" and the provlslons of sections 30,31,32,34,36,37 ,38,40,4oa [other thad subsections (3) and (4) thereoij, 41, 43 and 43a of the income-tax act shall, so far as may be, applyaccordldgly rule 3 - agricultural income of tbe nature referred to in 30 sub-clause (e) of clause (1) of section 2 of the income-tax act, being income derived from any buudlng required as a dwelltnc house by the receiver of the rent or revenue or the cultivator or the receiver of rent-in-kind referred to in the id subclause (c) shall be computed as if it were income cbarpable to income-tax udder that act udder the head "income from bouse property" and the provisions of sectlons 23 to 2'1 01 that act sball so far as may be, apply accordlngly: provided that sub- section (2) of the said section 23 shall apply subject to the modifications that the references to "total ldcome" therein shall be construed as references to net agricultural income and that the words, figures and letter "and before mak-s iug any deduction under chapter vi a" shall be omitted rule 4 - notwtthstandlng anything contained in any other provisions of these rules, in a case where the assessee derives income from sale of tea grown and manufactured by him tn india, such hlcome shall be computed tn accordance with rule 10 8 of the income-tax rules, 1962, and sixty per cent of such income shall be regarded as the agricultural income of the assessee ride 5 -where the assessee is a partner of a registered firm or an unregistered firm assessed as a registered firm 15 under clause (b) of section 183 of the income-tax act, which in the previous year has any agricultural income, or is a partner of an unregistered firm which has not been assessed as a registered firm under clause (b) of the said section 183 and which tn the previous year has either no income charge-20 able to tax under the income-ta" act or has total income not exceeding the maximum amount not chargeable to tax in the case of an unregistered firm but has any agricultural income, then, the agricultural income or loss of the firm shall be ccmputed in accordance with these rules and his share in the 2s agricultural income or loss of the firm shall be computed in the manner laid down in sub-sectlon (i), sub- section (2) and sub-section (3) of section 67 of the income-tax i\ct and the s hare so computed shall be regarded as the agricultural income or loss of the assessee 30 rule 6 -where the assessee is a member of an association of persons or a body of individuals (other than a hindu undivided famuy a 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 charge-35 able to tax in the case of an association of persons or a body of individuals (other than a hindu undivided family a company or 1\ firm) but has any agricultural 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 40 assessee in the agricultural income or loss 80 computed shall be regarded as the agricultural income or loss of the assessee rule 7 -where the result of the computation for the previous year ld respect of any 80urce of agricultural ldcome 18 a 1088, such los8 shall be set off against the ldcome of the 888e81ee, if any, for that previous year from any other source of qrlcultural idcome: provided that where the usess88 is a partner 01 ad unregistered firm which has not been as8essed u a registered flrm under clau8e (b) of section 183 of the income-tax act or 18 a member of ad usociation 01 persona or a body of lddlvlduals and the share of the asse8888 ld the acricultural idcome of the firm, usociatlon or body, as the cue may be, ts a loss, such loss shall not be set oif agaldat any idcome of the assessee from any other source of ap"lcultural idcome rid e 8 -any bum payable by the asse8see od acooudt of any tax levled by the state govermnedt on the ii!'lcultural ldoome shall be deducted ld computing the agrlcultural ldoame rule 9 - - (1) where the asaesbee baa, in the prevloua ,ear relevant to the asse88ment year oommenclng on the 1st day of april, 1981, any agricultural income and the del result of the oomputatioll of the agricultural income of the aaeuee for anyone or more of the previous years relevant to the asses8ment years oommencidg od the 18t day of april, 1974 or the 18t day of april, 1976 or the 1st day of aprll, 1976 or the 1st day of aprtl, 1177 or the'lat day of april, 1978 or the 1st day of april, 1979 or the 1t day of april, 1980, 1s a loss, then, for the purposes of sub-section (2) of section 2 of this act,-(i) the 10sa 80 computed for the prevlou8 year relev to the assessment year oommencldg on the 1at day of aprtl, 1174, to the extent, if any such loa has not been 8et off ap1n8t the apicultural income for the previous year relevant to the ueesament year commencldg on the 1st day of aprll, 1975 or the 1st day of aprll, 1976 or the 1at day of april, 197'1 or tbe 1st day of april,1978 or the 1st day of april, 1979 or the 1st day of april, 1980, (ii) the loss 80 computed for the prencal year re1evaat to ~ the aaslmedt year commenoldloil the 18t day of april, it'll, to the exte1lt, if any, mob lou baa nat been t oif aaat-t 1m apicultural income for the prevtoui year relevant to the usllllledt year commencing 011 the lilt day of april, 1978 or tile lat day of april, 1877 or the 1st day of april, 1978 or the lit day of april, 1979 or the let day of april, 1980, (iii) the 1088 80 computed for the previou8 year reievaat to the &88e8811ledt year oomid8ilcing on the 1st clay of april, 1976, to the extent, if any, liuch 10811 ba8 not been 8et off aplnst the agrioulturalinoome for the previous year relevant to the as8es8ment year oommencing on the 18t day of april, 1977 or the 1st day of april, 1978 or the 1st day of april, 1979 or the 1st day of april, 1980, (hi) the 10811 so computed for the previous year relevant to the a8se8sment year commencing on the 1st day of april, 10 1977, to the extent, if any such loss hal not been set off aplnat the agricultural income for the previoull year rei want to the ae88ment year commencing on the lat day of april 1978 or the 1st day of april, 1979 or the 1st day of april, 1980, 15 (11) the lolls 80 computed for the previous year relevant to the b1lellment year commencing on the 1st day of april 1978, to the extent if any such lois bas not been set off aplnat the agricultural lnoome for the prevlou8 year relevant to the s lment year commenclng on the 1st day 10 of april, 1979 or the 18t day of april, 1980, (11') the losl 110 computed for the previous year relevant to the asaesament year commencing on the 1st day of april 1979, to the extent, if any such 1088 ha8 not been set off aplnst the agricultural income for the previous year 26 relevant to the asaeslment year commencing on the 1st day of april, 1980 and (&iii) the loss 80 computed for the previous year relevant to the seesment year commenclng on the 1st day of april 1980, 30 shall be set off against the agricultural income of the assessee for the previous year relevant to the as8e8sment year commencing on the 1st day of april 1981 • (2\ where the assessee has, in the previous year relevant to the a8hs8ment year commencing on the 18t day of april 36 1982 or if by virtue of any provision of the income-tax act income-tax ill 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 oomputation of the agricultural income of the assessee for anyone or more 40 of the previous years relevant to the assessment years commencing on the 1st day of april 1974 or the 1st day of april 1975 or the 18t day of april 1976 or the 1st day of april 1977 or the 1st day of april, 19'18 or the 1st day of april 1979 or the 1st day of april 1980 or the 1st day of 45 april 1981, is a loss, then for the purposes of sub-eectlon (6) of section 2 of this act,-5 (i) the loss so computed for the previws year relevbdt to the assessment year commencing on the 1st day of april, 1974, to the extent, if any, such 1088 bas not been set off against the agricultural income for the previoul year relevant to the asselsment year commencing on the 1st day of april, 1975 or the 1st day of april, 1976 or the lit day of april, 1977 or the 1st day of april, 1978 or the 1st day of april, 1979 or the 1st day of april, 1980 or the 1st day of april, 1981, (tt) the loss so computed for the previous year relevant 10 to the assessment year commencing on the 1st day of apru , 1975, to the extent, if any, such loss bas not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 18t day of april, 1976 or the 1st day of apru, 1977 or the 1st day 15 of april, 1978 or the 1st day of april, 1979 or the 1st day of april, 1980 or the 1st day of april, 1981, (iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1976, to the extent, if any, such loss has not been set off 20 against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 1977 or the 1st day of april, 1978 or the 1st day of april, 1979 or the 1st day of april, 1980 or the 1st day of april, 1981, 25 (ill) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1977, to the extent, if any, such loss has not been set off against the agricultural income for the previws year relevant to the assessment year commencing on the 1st day 30 of april, 1978 or the 1st day of april, 1979 or the 1st day of april, 1980 or the 1st day of april, 1981, (v) the 108s so computed for the previws year relevant to the assessment year commencing on the 1st day of april, 1978, to the extent, if any such loss has not been set off 35 against the agricultural income for the previws year relevant to the assessment year commencing on the 1st day of april, 1979 or the let day of april, 1980 or the 1st day of april, 1981, (vi) the 108s so computed for the previous year relevant 40 to the assessment year commencing on the 1st day of ~pril, 1979, 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 1st day of april, 1980 or the 1st day of april, 1981, 5 l(iii') the loss 80 computed for the previous year relevant to the assessment year commencing on the 1st day of april , 1980, to the extent, if any, such loss has not been set off against the agrlculturalinoome for the previous year relevant to ijle assessment year commencing on the 1st day of april, 1981, and (viii) the loss so computed for the previous year 10 relevant to the assessment year commencing on the 1st day of april, 1981, shall be set off against the agricultural income of the assessee for the previous'year relevant to the assessment year commenctng on the 1st day of april, 1982, or the period aforesaid 15 20 (3) where a change has occurred in the constitution of a firm, nothing in sub-rule (1) or sub-rule (2) shall entitle the firm to set off so much of the loss proportionate to the share of a retired or deceased partner computed in the manner laid down in sub-section (1), sub-section (2) and sub-section (3) of section 67 of the income-tax act as exceeds his share of profits, if any, of 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 25 (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 (i) or sub-rule (2) shall entitle any person, other than the person incurring the loss, to have it set off under sub-rule (1) or, as the case may be, sub-rule (2\ 30 20 of 1974 35 25 of 1975 66 of 1976 29 of 1977 19 of 19780 21 of 1979 44 of 1980 40 (5) notwithstanding anything contained in this rule, no loss which has not been determined by the income-tax officer under the provlsions of these rules or the rules contained in part iv of the first schedule to the finance act, 1974, or of the first schedule to the finance act, 1975, or of the first sohedule to the finanoe aot, 1976, or of the first schedule to the finance (no2) act, 1977, or of the schedule to the finance act, 1978, or of the fil"st schedule to the finance act, 1979, or of the first schedule to the finance (no2) act, 1980, shall be set off under sub-ruler 1) or, as the case may be, sub -rule (2) rule 10 -where the net ruult of the oomputauod made 10 aocorduoe with thee rule 1 a loa, tbe 1088 80 oomputed ball be lpored and the net aartcu1tura1looome ball be deemed to be iii •• ride 11 -the proviatou of the inoome-tax aot 6 relating to procedure for assessment (inc1udin, the proviaiodb of section 28m relating to rouddidi off of income) shall, with the dbcesaary modiflcattona, apply in relation to the computation of the net agricultural inoome of the assessee as they apply in relation to the ament 10 of tile total inoome rnie 12 -for tile purpose of oomputldj the net agricul1uralincome of the eee the moome-tu officer hall bave the lalde powers be baa udder the income-tu aot for the purpo •• of amellt of the total idoade 15 (see section 48)5 h_~ sub-h_dlng no rat of duty naratlod wh_ idi no and deacrlpttoll 8taddard preferenrates of duty of article tial areu are proteottve :,(1,:) ___ j,(2;&) ___ (3l ___ a;(4;1) __ --1(5::t) __ in the first schedule to the customs tu'uf act,-(f) for headlag no73115, the followldg headtdg shall be lubatttuted, daiilely:-10 "7316 alloy steel add jdab ou'bon bteel in the forms meattonec1 in headldgs nos 73 08/07 to 7314: 15 (l) not elsewhere specified eocj, 20 (2) colls for rar01l1ng, bars (including bright bars), wire rods, strips, sheets and plates,of stainless steel 300% " , (ii) for heading no 8463, the following heading shall be substituted, namely:-25 "8463 30 transmission shafts, crankb, bearing housings, plain shaft bearings, gears and gearing (including friction gears and gear-boxes and other variable speed gears), fly-wbeels, pulleys and pulley bloob, clutches and shaft coupungs: 35 (1) not elsewhere specified 60% - (2) plain shaft bearldgi, with or wtthout bearldg houlldgs 100% " deacrlpttoll of aooda rata of duty ltam no· (1) (3) (2) 5 in the i'1rst scbeclule to the central exei •• aot -(i) in item no 15a, for eqlangtioll 11 the ,uowidc ezplgnitioll sball be substituted, name1y:-10 "uplallltioll n - this item does not inclu:le, -(i) polyester ftlms; 15 (b) electrica1inaulatora or electrical inaulatidg fittings or parts of suob inswators or inaulatlng flttidga "; (ii) after item no 1sb, the following item sball be inserted, name1y:-"lsbb polyester films i'1fty per cent - 11110', "; 20 (iii) for item no 16, the fouow1dg item aball be substltuted, namely:- '16 tyres -\| "tyre" \| means \|\|-------------------\|-----------\|\| a \| \|\| piewnatic \| tyre \|\| the \| \|\| manufaoture \| of \|\| whicb \| rubber \|\| used \| \|\| and \| \|\| lncbdes \| \|\| the \| \|\| inner \| \|\| tube, \| \|\| the \| \|\| tyre \| \|\| flap \| \|\| and \| \|\| the \| \|\| outer \| cover \|\| such \| \|\| a \| \|\| tyre: \| \|\| 30 \| \|\| sixty \| \|\| pe \| \|\| r \| \|\| o8ilt \| \|\| _ii' \| • \|\| 1,(1) \| \|\| tyres \| \|\| i>r \| \|\| motor \| \|\| 'vehicle; \| \|\| and \| \|\| tyres \| \|\| i>r \| \|\| 'vehicles \| \|\| or \| \|\| equipment \| •• \|\| designed \| \|\| for \| \|\| use off the road \| \|\| (2) \| \|\| tyres \| \|\| for \| tractors, \|\| jdclud1ng \| \|\| agricultural \| \|\| tractors \| \|\| sixty \| \|\| per \| cent \|\| od \| \|\| 11110' \| •• \|\| (3) \| \|\| tyres \| \|\| i>r \| trailers, \|\| sixty \| \|\| per \| \|\| cedt \| \|\| ad \| \|\| ii" \| \|\| description \| of \| goods \|\|-----------------\|--------------\|-----------\|\| bate \| of \| \|\| duty \| \| \|\| item \| \| \|\| no \| \| \|\| (1) \| \| \|\| (2) \| \| \|\| (3) \| \| \|\| u \| \| \|\| tyres \| for \| cycles \|\| add \| \| \|\| cycle- \| \| \|\| 6 \| \| \|\| rtck8baws - \| \| \|\| (1) \| \| \|\| tyres \| \| \|\| sixty \| \| \|\| paise \| pe r \| \|\| tyre \| or \| \|\| flfteed \| \| \|\| per \| \| \|\| cent \| \| \|\| m \| \| \|\| ,10 \| \| \|\| r,wb1ob- \| \| \|\| i,ver \| \| \|\| 18 \| \| \|\| 1dgber \| \| \|\| 10 \| \| \|\| (2) \| \| \|\| tubes \| \| \|\| tbiiv \| \| \|\| pa1be \| \| \|\| pe \| \| \|\| r \| \| \|\| tube \| or \| flfteeo \|\| per \| \| \|\| cent \| \| \|\| ad \| \| \|\| 118io,--wbicb- \| \| \|\| ever \| \| \|\| 1s \| \| \|\| 1dgber \| \| \|\| 16 \| \| \|\| m \| \| \|\| all \| \| \|\| other \| \| \|\| livre \| •• \| \|\| twenty-five \| per \| \|\| osnt \| \| \|\| ad \| \| \|\| liglor \| \| \|\| espl \| \| \|\| atioli \| \| \|\| l - \| \| \|\| "motor \| vebiclea" \| me,llll \|\| all \| meobadloally \| propelled \|\| 20 \| \| \|\| than \| tractors, \| deatgned \|\| upod \| \| \|\| roads \| \| \|eql tif h - - ''motor vehicles",-"tractors, lnuludlug agricultural tractors" and ''trailers'' shall include a cbasata, but aball not inolude a vehlcle nlddldg upoll 25 fixed rails '; ('") for item no 16m, tbe following item ball be subat1tuted, damely:-16aa synthetic rubber, including ted per cent synthetic rubber latex and - ,110" 30 file-vulcanised synthetic rubber latex eqllljjgtioll - - in this item, the ex· ):1reesion "syntbeuc nmber" is to be takl'p to apply to: 85 (ii) udsaturated syntheuc substanoss which can be irreversibly transjbrmed intd dod -tbermoplasuc substances by vulcan1sation with sulphur and wblch, when so vuloaniaed as wen as may be (without the addiuon of any substances such as plasticisers, flllers or reinforcing agents not necessary for the item no deecrlptka 01 aoods bate of chd;y (1) (2) (3) 10 unklnc) cad prodace !labltl""" w1do1l,at a temperature betweed iso mad - c, will not break oil be1dg exteadecl to three itme their oj1ginalleagtb ad w11l retarn, after be1dg extended to t,lce their orlgidallenath, 'wlt1dd a period of the mmu to a ledgtb not greater thin ode-ud-a-balf times their orig1dallqtb 16 sucb substidees mclude c18-polytsoprene (lr) polybutadjene (bb), polycblorobatad1ene (cd), polybutadieustyrene (sbr), poly oblorobutadledeacrylonltrlle (ncr), polyllltadleoeacryloditrile (nbr) and iiltyl rubber (dr); (b) tbtoplasta °(tm); add 20 26 30 (,) natural rubber moci1fied by graftjng or m1xidg with artificial plutic material de-polymerlsed natural rubber iud mixtures of udsaturated synthetic substances with saturated synthetic bjcb polymers, provided that all the above-mentianed products oomply with the 'requirementa ooneemmg vuloan1satioll, eloapucil add reccnery in (0) abow '; (ii) ill item no 26a-(a) after sub-item (1&) tha followinc sub-item sball be inserted, name]y:-n(lb) waste·and scrap fi'98 tbou8lldd 36 stx h1md red rupees per metric todde "; 40 (b) for sub-item (3) the louowq sub1tema sbad be ubaututed, nameb':-"(3) pipes and tubes, excl1llinl tw8llty~ bt per shella add blanks, therefor cent a4 ,_ item de8criptiod of goods rate of duty no {i} {2} '3} (4) sheu and blanks for plpes twenty-etgbt 6 and tubes per cedt 1m"''''; (c, the eqlfllltltidii 8ball be dum bared as explcllgtion 1, and after the eqlanation as 80 num-10 be red , the a,uowlng erpjgnatift 8hall be 1daerted, lwdely:-, elplmglichi il - "waste and scrap" ides wate add scrap of copper fit 0dly tor tba recovery of 15 metal or tor u88 jd the manufacture of chemicala, but does not include 8111, d1"088, sca1mgs, asb iild other cuprou8 relddues '; (an) iii item no zed,-20 (a) for sub-item (i), the following 8ub-items shall be substituted, luudely:-~ "(i) unwrqbt jdc1uding ingots, two tbou8&dd cakas, bars, blooks bard or 80ft six buad red iild slab8, bwets plates, catbodes, twenty-the rupees modes, pellets, pelter iild per metrlo toad_ broked me (18) wuta ad scrap 30 twotbouadd a1x lmadred and twedty !be rupees pel metric tddde "; (b> after sub-item (2), the follow-idi sub-item sball be tuertecl, ume\y:-pour tbounad 1madrecl rapeea per metria "-- n _ , \| bate \| of \| duty \|\|----------------------\|-------------\|-----------\|\| description \| of \| \|\| goods \| \| \|\| item \| \| \|\| no \| \| \|\| (1) \| \| \|\| (2) \| \| \|\| ca) \| \| \|\| (c) the \| \| \|\| erpi6 \| \| \|\| shall \| \| \|\| be \| \| \|\| num- \| \| \|\| bered \| \| \|\| eqjuacion \| \| \|\| 1, \| and \| after \|\| the \| \| \|\| e"i \| \| as \|\| 80 \| \| \|\| numbered, \| \| \|\| the \| \| \|\| fouow[qerplgllclcion \| shall \| \|\| be \| \| \|\| inserted, \| \| \|\| name)y:- \| \| \|\| 10 \| \| \|\| '··elpllllcltidfll~ \| \| \|\| - \| \| \|\| "waste \| add \| \|\| scrap" \| meuls \| \|\| waste \| ad \| sorap \|\| of \| \| \|\| zinc \| \| \|\| fit \| \| \|\| oaly \| \| \|\| for \| \| \|\| the \| \| \|\| recovery \| \| \|\| of \| \| \|\| metal \| \| \|\| or \| \| \|\| for \| use \| \|\| in \| \| \|\| the \| \| \|\| mqu- \| \| \|\| facture \| \| \|\| of chemicals \| \| \|\| and \| \| \|\| include \| \| \|\| dross \| \| \|\| add \| \| \|\| asb \| \| \|\| 't \| \| \|\| (uti) \| \| \|\| m \| \| \|\| item \| no \| \|\| rt,- \| \| \|\| 15 \| \| \|\| (a) \| after \| \|\| sub-item \| \| \|\| (a), \| \| \|\| the \| \| \|\| follow- \| \| \|\| ing \| \| \|\| sub-item \| \| \|\| sball \| \| \|\| be \| \| \|\| idberted, \| \| \|\| name}y:- \| \| \|\| "(aa) \| \| \|\| waste \| add \| scrap \|\| 20 \| \| \|\| fifty \| \| \|\| per \| cent - \| \|\| \| liedo, \| \|\| plus \| \| \|\| two thousand \| \| \|\| rupees \| per \| metric \|\| tonne "; \| \| \|\| 25 \| \| \|\| (b) \| \| \|\| after \| \| \|\| erplanation \| \| \|\| n, \| \| \|\| the \| \| \|\| follow- \| \| \|\| ing \| \| \|\| el'pllllcltioft \| \| \|\| shall \| be \| inserted, \|\| name)y:- \| \| \|\| 30 \| \| \|\| i \| \| \|\| etplgllation \| iii \| \|\| ~ \| \| \|\| - \| \| \|\| "waste \| \| \|\| and \| \| \|\| scrap" \| means waste \| \|\| 8dd \| \| \|\| scrap \| of \| \|\| aluminium \| \| \|\| ftt \| \| \|\| cdly \| \| \|\| for \| \| \|\| the \| \| \|\| reoo- \| \| \|\| very \| of \| metal \|\| or \| \| \|\| j)r \| \| \|\| use \| in the \| \|\| manufacture \| \| \|\| of \| chemicals, \| \|\| but \| \| \|\| does not 1jlclule \| \| \|\| sludge, \| dross, \| \|\| soa11ngs, \| skimmings, \| \|\| ash \| \| \|\| and \| \| \|\| other \| \| \|\| residues \| '; \| \|\| 35 \| \| \|\| (iiiu) \| \| \|\| for \| item \| no \|\| 2'1 \| \| \|\| a, \| \| \|\| the \| \| \|\| follow- \| \| \|\| ing \| \| \|\| item \| sball \| \|\| be \| \| \|\| substituted, \| \| \|\| namely:- \| \| \| 'zta lead-(1) unwl'ought, 1jlc11liidg idgots, pigs, blocks, anodes, slabs, cakes and cast sticks five hundred rupees per metric tonne rate of duty item no descript10d of goods (3) , (2) (2) waste and scrap 5 five hundred j:ul)8es per metric fdqd8 eji)icdlcltion f - ''lead'' sball include 8dy alloy m whioh lead predomidates by weight over each of the other metal8 10 erplcdigtion ii: - ''waste and scrap" means waste and scrap of lead ftt only for the recovery of metal or for use ij:dbe manufacture of chemicals but does not mobile slag uh and other 16 residues '; (ix) in item no 3'7, \ilder ''llexpolled-'', in the hoodd column, for the entry" (i) newsreels add sharte dot exceeding 600 metres", the try "'(i) news-reel ad borte dot 10 exceeding 600 iutres" shall be eubatlt:uted: id the 1led1cldal add toilet preparatiooa (excim datiea) act 1955, for the sohedule, the follolrlq sohedale ahall be 8ubetttuted, lwdely:-5 i the schedule (see aection 3)item no rate of duty 10 description of dutiable e ",eii"a'" prep 1 allopawc medicinal preparatiod:-(i) medicinal preparatloo codtalning alcohol which are not capable of betnc coditumed aa ordiaary alcohollc beverqe-15 (a) patem or proprietary medicines twenty per cent "" wur or rupees alx add sixty pal per litre of pure alcohol coiltedt, whicbe¥er 20 la hlper (b) others rope six and lixty pal per lltre of pure alcohol codtent 25 (ii) medicinal preparatloos contalnlng alcohol whlch are capable of belne consumed al ordlaary alcoholle beveragel-30 (g) medicinal preparatlool which cootain known acuve idii'edients in therapeutic quantltles 35 twenty per cent a4 liaid,aa or rupees thirteen and twenty paise per litre of p':'1"e alcohol coi:lteat, whichever 1 hl r item description of rate of n~ dutlable sood8 duty 0 () othera twenty per c_a -, or rupees 5 fifty-two add eighty pai88 per litre of pure alcohol content, whichever ia higher (ui) medicid8l preparatlon8 twenty per cent 10 not conta1nldl aloobol but lui iigii)', 00dta1nidl narcotic drug or naroouc 2 med10ldal preparauon8 in ayurvedic, unani or other iiuudou8 ay8tem8 of 15 medicine -tf) medlcid8l preparation8 ni~ ooiltalding self-generated alcohol which are not capable of beln, oonaumed as ordinary alcoholic 20 beverages (if) medicinal preparati0ll8 rupee one and containing self-generated alcohol sevent~ve paie which are capable of balng per litre of pure coil8wqed a8 ordinary alcoholic aloohol oolltent 25 beverage8 (m) all otber containing alcohol rupee8 fiftytwo add which are prepared by distillation eighty pal8e per or to which alcohol ba8 been added lltre of pure alcohol content (tv) medicinal prepmluoili not twenty per cent 30 containing alcohol but ouatalnid, ad ,,110,- narcotic dru, or uarcotic 3 bomoeopatblc preparatioll8 rupees thhteen and oontajalng alcohol twenty pal8e per litre of pure alcohol coiltent tond preplndolrs 4 toilet preparatl0ll8 ccllltaining sixty per clat - alcobol or narcotic druc or "r, orru urootio tblrteea add tweuty pal_ per litre of pure alcohol colltedt, whlohever ia b1per explanation r, - "patent or proprietary medicines" meads any medicinal preparation which bears either on itaelf or on its contailler or both, a name which ia not apeclfled in a monograph iil·a pharmacopoeia, formulary or other pubu-cations notified in thia behalf by the central gcwernment in 5 the official gazette, or which is a brand name, that ia, a name a registered trade-mark under the trade and merchandise marks aot, 1968 or any other mark such as a 43 of 1958 aymbol, monogram, label, aignature or invented words or any wrttillg which is used in relation to that medicinal 10 preparation for the purpose of indicating or so as to indicate a connection in the course of trade between the preparation and some person having the right either as proprietor or otherwise to use the name or mark with or without any indication of the identity of that persod 15 eip'''litidn ii - - where any article [s chargeable with duty at a rate dependent on the value of the article, such value shall be deemed to be the value as determined in accordance with the provisions of section 4 of the central excises and salt act, 1944 20 1 gf 194-4 :'eip'clllouon ill -for the purposes of this schedule, "pure alcohol content", in relation to ~ preparation, means the ethyl alcohol content in the preplration expressed as ethyl alcohol of 100% by volume at 15°c ' statement of objects and reasonsthe object of the bul is to give effect to the financial proposals of the central government for the financial year 1981-82 the notes on clauses explain the various provisions contained in the blll new delhi; the 28th february, 1981 r venkataraman president's recommendation under articles 117 and 274 of the constitution of india(copy of letter no f3(1)-b(d)/81 dated the 28th february, 1981 from shri r venkataraman, minister of finance, to the se~retary, !ok sabh~ 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, 1981 to the lok sabha 2 the bill will be introduced in the !ok sabha immediately after the presentatlon of the budget on the 28th february 1981 clauee 2,read with the first schedule to the bul, seeks to prescribe the rates at which income·tax (including surcharge thereon) is to be levied on income chargeable to tax for the assessment year 1981-82, further, it lays down the rates at wblch tax is to be deducted at souroe during the financial year 1981-82 from incomes subject to such deduction under the income-tax act; and the rates at which "advanoe tax" is to be paid and tax is to be calculated and charged in special cases for the flnancw year 1981-82 rates of inoome-tax for the assessment year 1981-82 -part i of the first schedule to the bill specifies the rates of income-tax oncluding surcharge) on incomes uable to tax for the assessment year 1981-82 these rates are the same as those speclfled in part m of the first schedule to the finance (no2) act, 1980 for the purpose of deduotion of tax at source from "salaries" and for computation of "advance tax" payable during the financial year 1980-81 rates for deduction of tax at source during the flnancw year 1981-82 from incomes other than "salarles'~ -part n of the first schedule to the bill specifies the rates at which income-tax oncluding surcharge where applicable) is to be deducted at souroe during the financial year 1981-82 from incomes other than "salartes" and retirement annuities under section 80e (9) of the income-tax act the rates speclfled in this part for deduction of tax at souroe are the same as those specified in part n of the first schedule to the finance (no2) act, 1980 for the purposes of deduction of tax at source during the financial year 1980-81, except for certain modifioations as regards the deduotion of inoome-tax at source from interest on securities, in the case of income by way of interest on securities issued by the central or a state government (not being a tax-free security) or interest on debentures or other securities issued by or on behalf of a local authority or a statutory corporation or interest on debentures issued by companies where such debentures are listed in a recognised stock exchange in india, income-tax wm be deducted at the rate of 10 per cent,as in the financial year 1980-81 in the case of income by way of interest on other securities (not being interest on a taxfree security) or dividends payable to a resident recipient (other than a company) during the financial year 1981-82, tax will be deductible at the rate of 22 per cent (made up of basic income-tax of 20 per cent and surcharge of 2 per cent) as against 23 per oent during 1980-81 in the case of income by way of interest other than 'loterest on securities" payable to a domestic company during the f1nanclal year 1981-82, tax will be deductible at the rate of 205 per cent (made up of income-tax of 20 per oentand surcharge of 05 per cent) as against 215 per centin 1980-81 in the case of any other income (excluding intete8t payable on a tax-free security) payable to a domestic company during the f1dadcial year 1981-82, tax will be deductible at the rate of 22 per cant (made up of income-tax of 21 5 per cent and surcharge of o 5 per cent) as against 23 per cent in 1980-81 in the case of income by way of royalty payable to a foreign company by an indian concern in pursuance of an agreement made before 1st apru, 1976, tax will be deductible at the rate of 5125 per cent (made up of basic income-tax of 50 per (lent and surcharge of 125 per cenu as agalnat 5375 per cant,in 1980-81 in the cae of incomes by way of fees for technical services payable to a foreign oompany by an indian concern in pursuance of an agreement made before the 1st april 1976, tax will be deductible at the rate of 6125 per cent (made up of basic income-tax of 50 per centand surcharge of 125 per cent) as against 53,75 per centin 19so-s1 in the case of income by way of interest payable on a tax-free security to a foreign company, tax will be deductible at the rate of 451 per cent(made up ofbas1c income-tax of 44 per oentrmd surcharge of 11 per oent) as against 473 per centin 1980-s1 in the case of any other income payable to a foreign company (excluding income by way of royalty or teclmical service fees payable under agreements made after 31st march, 1976), tax will be deductible at the rate of 7175 per cent (made up of basic incometax of 70 per cent and surcharge of 175 per cent) as against 7525 per cent in 19s0-81 the rates specified in this part for deduction of tax at source in all other cases are the same as those specified in part ii of the first schedule to the finance (no2) act, 1980, for the purposes of deduction of tax at source during the financial year 19s0-81 rate8 for deduction of tax at source from "salaries" and retirement annuities, or computation of "advance tax" and charging of income-tax in special ca8es during the flnanc1al year 1981-82- part m of the fir8t schedule to the blll specifies the rates at which income-tax (including surcharge) is to be deducted at source from "sall·ies" and retirement annuities referred to in section 80e (9) of the income-tax act, and also the rates at which "advance tax" is to be paid and income-tax 18 to be calculated or charged in special cases for the financial year 1981-82 these rates are the same as those specified in part i of the first schedule to the blll for the assessment of incomes liable to tax for the assessment year 1981-82, except for the modification that in the case of individuals unspecified hindu undivided families, unregistered firm!! etc, the nil rate slab has been raised to re15, 000, the rate of income-tax for the slab of income of rs15, 001 to rs25 000, will be 30 per cent as against 18 per cent for the slab of rs15, 001 to re 20000 and 25 per cent for the slab of rs 20 001 to rs 25, 000 at present and the rate of income-tax for the slab of rs25, 001 to rs 30, 000 will be 34 per centas against 30 per centhitherto for the rest of the slabs of income,there is no change in the rates of income-tax the provislon8 in the bill for the purposes of computatlon of "advance tax" and charglng of income-tax in special cases during the financial year 1981-82 in the case of individuals, unspecified mndu undivided famllles, unregistered firms, etc, having net agricultural lncome in addition to non-agricultural income exceeding rs 15,000, are the same as in the finance (no2) act 1980, except for the following modlflcatlms:-~) in determlnlng the inoome-tax on net agricultural income, the net agricultural iucolde will be increased by a sum of rs 15 000 instead of re 8, 000 at present 'i) tbe restriction of the income-tax to 60 per centof the total income in excess of the exemption limit w1ll no longer be appllcable however, in the case of hindu undivided fam1l1es having at least one member with independent totallncome exoeeding the exemption limit, the existing provisions of aggregation of net agrlculturallncome with non-agrtculturalincome have been retained without any change in the case of companies, the rates of income-tax specified in paragraph e of part m of the firat schedule to the blll are the same as those speci4ed in paragraph e of part i of the first schedule to the bul exoept for the modification that the rate of surcharge on inoome-tall in the oase of companies is proposed to be reduced from 75 per oent to 25 per oent, of suoh income-tax clause 3 seeks to insert a new section loa in the income-tax act relating to special provision in respect of income from newly established lndustrial undertakings in free trade zones sub-section (1) of new section loa seeks to provide that any profits and gains derived by an assessee from an industrial undertaking to which the section applies will not be included in the total income of the assessee sub-section (2) of new section loa provides that this section will apply to an industrial undertaking which fulfils certain conditions, namely, that it begins to manufacture or produce articles or things during the previous year relevant to the assessment year 1981-82 or any subsequent assessment year in any free trade zone; it is not formed by the splitting up, or the reconstruction, of a business already in existence; and it is not formed by the transfer to a new business of mac~ery or plant previously used for any purpose for the purposes of this section, reconditioned imported machinery or plant wlll be regarded as new further, where the total value of the machinery or plant transferred to the new business does not exceed 20 per cent of the total value of the machinery or plant used in that business, the last-mentioned condition will be deemed to have been complied with sub-section (3) of new section loa seeks to provide that the b81efit of this section will be available to an industrial undertaking for five assessment years beginning with the initial assessment year sub-section (4) of new section loa seeks to provide that notwtthsta'lding anything contained in any other provision of this act in computing the total income of the assessee of the previous year relevant to the assessment year immediately succeeding the last of the relevant assessment years (or of the previous year relevant to any sflbsequent assessment year), the unabsorbed depreciation allowance, the unabsorbed investment allowance, the unabsorbed development rebate, the unabsorbed capital expenditure on scientific research, the unabsorbed capital expenditure on family planning relating to the relevant assessment years will not be taken into consideration similarly, unabsorbed business losses or loss under the head "capital gains" or the deficiency relating to tax holiday profits relating to relevant assessment years will not be taken into account where the assessee was entitled to a deduction for the relevant assessment years in respect of the proats and gains from newly establlshed industrial undertakings in backward areas or small-scale industrial undertakings in rural areas or the tax holiday, no deduction wlll be admissible in the assessment yeats subsequent to the relevant assessment years further, in computing the depreciation allowance on any assets in the absessment years following the relevant assessment years, the written down value will be computed as if the assessee had claimed and been allowed the depreciation in accordance with the provisions of the income-tax act during each one of the relevant assessment years sub-section (5) of new section loa seeks to provide that where any industrial undertaking situated in a free trade zone has begun to manufacture or produce articles or things during any of the previous years relevant to the assessm81t years 1977-78 to 1980-81, such assessee may, at his option, before the expiry of the time allowed for the furnishing of the return of income for the assessment year 1981-82, furnish to the income-tax off icer a declaration in writing that the provisions of this section may be made applicable to him for the relevant assessment years other than the assessment years commencing before the assessment year 1981-82; and if he does 80, then the provisions of complete tax hol1day specified in this section w1l1 apply for such assessment years and the provisions of new sub-section (4) will also apply in relation to any assessment year following the relevant assessment years sub-section (6) of new section loa seeks to apply the provisions of sub-section (8) and sub-section (9) of section 80-i relating to tax holiday to the industrial undertaking referred to in this section for the purpose of this s~tion, the expression "free trade zone" means the kandla free trade zone and the santacruz electronics export processing zone and includes any other free trade zone which the central government may specify for the purposes of this section by notification in the official gazette the expression "relevant -assessment years" means the initial assessment year and four assessment years immediately succeeding the initial assessment year this amendment will take effect from 1st april, 1981 clause 4 seeks to make two amendments in clause (i) of section 16 of the incometax act relating to standard deduction in the case of salaried assebbees under the existing provisions, a standard deduction is granted to salaried assessees in an amount, equal to twenty per cent of the salary up to rs 10,000 and ten per cent of the salary in excess thereof, subject to a maximum of rs 3,500 under the first amendment, the standard deduction will be allowed at the uniform rate of twenty per cent of such salary, subject to a maximum of rs 5,000 under the existing provisions, where the assessee is in receipt of a conveyance allowance from his employer, the standard deduction is restricted to rs 1,000 under the second amendment, tbis provision is proposed to be omitted these amendments will take effect from 1st april, 1982 and will accordingly apply in relation to the assessment year 1982-83 and subsequent years clause 5 seeks to amend the explanation below sub-section (2) of section 32a of the income-,tax act relating to investment allowance under the existing provisions, investment allowance is granted in respect of new machinery or plant installed in a small· scale inc:htstrial undertaldng for the manufacture of any articles or things, including articles or things of low priority specifled in the list in the eleventh schedule for this purpose, a small-scale industrial undertaldng means an industrial undertaldng in which the aggregate value of machinery or plant installed as on the last day of relevant previous year does not exceed rs10 lakhs under the proposed amendment, this limit is being raised to rs20 lakbs in a case where the previous year ends after 31st july, 1980 this amendment will take effect from 1st april, 1981 and will accordingly apply in relation to the assessment year 1981-82 and subsequent years clause 6 seeks to substitute the proviso to sub-section (7) of section 33a of the income-tax act relating to development allowance under the existing provisions a development allowance is granted to an asse8888 engaged in the buslnes8 of growing and manufacturing tea in india of an amount equal to 50 per cent of the actual cost of planting of tea bushes on any land not planted at any time with tea bushes or on any land which had been previously abandoned for this purpose where the actual cost of planting 8l[ceeds ral2 500 per hectare in respect of land bltuate in a hllly area or 8l[ceeds rsio 000 per hectare in any other area then, the excess is ignored for the purpose of computation of the development allowance under the proposed amendment the celling umit for the actual cost of planting has been raised to ra40 000 per hectare for any land in a hilly area comprised within the district of darjee1ing rs 36 000 per hectare in respect of land situate in a billy area other than the district of darjeeung and rs 30 000 per hectare in the case of land situate in any other area this ameodment will take effect from 1st april 1982 and will accordingly apply in relation to the assessment year 1982-83 and subsequent years clause 7 seeks to amend clause (rill) of section 35 (1) of the income-tax act relating to specw deduction in the case of approved flnancw corporations and public housing finance companies under the existing provisions approved financial corporations engaged in providing long-term ftnadce for 1ndustrtal or agricultural development in india and approved pubuc housing finance companies are entitled to a deduction in the computation of their taxable profits, of an amount up to 40 per cent of the total income carried to a special reserve account the aggregate of the deductions on this account over a period of years cannot, however, exceed the amount of the paid-up capital the proposed amendment seeks to provide that the aggregate of such deduction cannot 8l[ceed twice the amount of the paid-up capital this amendment will take effect from 1st april 1982 and will accordingly apply in relation to the as8ebsment year 1992-83 and subsequent years clause 8 seeks to make certa1d amendments in section 42 of the income-tax act relating to special provision for deducuons in the case of business of prospecting etc •• for mineral oils under the existing provisional where the central government bas entered into an agreemmt with any person for the association or part1clpation of the central government in the business of prospecting for or extraction or producuon of mineral oils, the 81q)e1dsea and allowances in relation to such business as are specified in the agreement are allowed in lteu of or in addition to those admissible under the income-tax acl under the first amendment, it is proposed to provide that the agreement may provide for the association or participation in such business not only of the central government but also of any other pel'bod authorised by it in this behalf under the second amendment, it is proposed to provide that any agreement entered into after 31st march u81 may provide also for allowadcee in ueu of or tn addition to depreclatioil allowance admissible under sectlod 32 of the income-tax act these ameadm_ta will tab effect from 1st april 1981 clause 9 seeks to make two amendments in secuon sod of the income-tax act under the exisung provisions, individuals and hindu uddtvlded famlues resident in lddla and lncurr1dg any expeaditure on the medical treatment (including nuraing) of a handicapped dependant are enutled to a deduction, in the computation of the taxable income, of a sum of ra 2, 400 in a case where the handicapped dependant has been admitted for at least 182 days durlng the previous year in a hospital, durstng home, ar any nou1led institution and ra600 in any other oase under the proposed amendments the quantum of deduction is being raised from rs 2, 400 to ra 4, 800 and from ra 600 to rsi,200 these amendments wtll take effect from 1st apru, 1982 and will accordingly apply in relation to the assessment year 1982-83 am subseqaent years clause 10 seeks to amend section 80rha of the income-tax act relating to deduction in resrsct of profits and gains from newly established small-scale industrial undertakings in rural areas under the existing provisions, an assessee is entitled to a deduction of twenty per cent of the profits and gains derived by him from a small-scale industrial undertaking set up in a rural area for the initial period of ten years for this purpose, a smau-scale industrial undertaking means an industrial undertaking in which the aggregate value of machinery or plant installed as on the last day of the relevant previous year does not exceed ra 10 lakhs under one of the amendments, this umit is being raised to rs 20 lakhs in cllses where the previous year ends after 31st july, 1980 under the other amendment, the benefit of the tax concession is being extended to industrial undertakings which did not qualify for the same before that date on the ground that the aggregate value of machlnery or plant installed therein exceeded rs 10 lakhs, but did not exceed rs20 lakhs in such cues, the concession will be available for the unexpired period these amendments will take effect from 1st april, 1981 and will accordingly apply in relation to the assessment year 1981-82 and subsequent years clause 11 seeks to amend clause (a) of section 80m(1) of the income-tax act relating to inter-corporate dividends - under the proposed amendment, a domestic com~ny receiving income by way of dividends from another domestic company whicb is engaged in the manufacture of electronic components and raw materialsi computers and peripheralsi communication equipmenti process control, instrumentatlon, industrial and professional crade electronic equipment will qualify for complete exemption of such income, as against 60 per cent thereof hitherto this amendment will take effect from 1st april, 1982 and wtll accordingly apply in relation to the assessment year 1982-83 and subsequeot years clause 12 seeks to amend section 80qq of the income-tax: act relating to deduction in respect of profits and gains from the business of publication of hooks under the existing provisions, an assessee carrying on a business in india of printing and publication of books, or only pubucation of books without the activity of printlng,is entitled to a deduction, in the computation of his taxable income, of an amount equal to 20 per cent of the profits from such books this tax concession was available up to and including the assessment year 1980-81 under the proposed amendment, the tax concesssion will be available for five more years, i e, up to and including the assessment year 1985-86 the proposed amendment will take effect from 1st aprll 1981 clause 13 seeks to insert an explanation in clause (v) of section 86 of the lncometax act -under the existing provisions, no income-tax is payable by a member of an association of persons on any portion of the amount which he is entitled to receive from the association on which income-tax has already been paid by the association of persons under the proposed amendment, in the case of an association of persons which is assessable under section 167a, the members of the association whose shares in the income or part of the income of the association are indeterminate or unknown w1ll be deemed to be entitled to receive equal shares in the total income or the part of the total income of the association and the individual share of such member in the total income or part of the total income will be determined accordingly this amendment will take effect from 1st april, 1981 clause 14 seeks to insert a new clause (v) and two explanations in sub-section (1) of section 160 of the income--tax act new clause (v) seeks to provide that in respect of any income which a trustee appointed under an oral trust receives or is entitled to receive on behalf or for thebenefit of any person, such trustee or trustees will be regarded as representative assessee the new explanation 1 seeks to provide that where any trust has not been declared by a duly executed instrument in writing, for the purposes of clause (iv), it w1l1 be deemed to be a trust declared by a duly executed instrument in writing if a statement in writing signed by the trustee setting out the purposes of the trust, particulars as to the trustees,the beneficiaries and the trust propert~ is forwarded to the incometax officer within the specified time limit where the trust has been declared before 1st june 1981, the specified time limit will be a period of three months from that day and in any other case, three months from the date of the declaration of the trust new explanation 2 seeks to define the e~pression "oral trust" to mean a trust which is not declared by a duly executed instrument in writing and which is not deemed to be a trust declared by a duly executed instrument in writing in terms of explanation 1 this amendment wul take effect from 1st april, 1981 clause 15 seeks to insert new section 164a in the income-tax act relating to charge of tax in case of oral trust under the proposed amendment, where a trustee receives or is entitled to receive any income on behalf or for the benefit of any person under an oral trust, income-tax - will be charged on such income at the maximum marginal rate for this purpose, the expression "maximum marginal rate" will have the same meaning as in explanation 2 below section 164(3) the expression "oral trust" will have the same meaning as in explanation 2 below section 160(1) this amendment will take effect from 1st april, 1981 clause 16 seeks to insert a new section 167a in the income-tax act relating to charge of tax where the shares of members of an association of persons are not known sub-section (1) of new section 167a seeks to provide that where the individual shares of the members of an association of persons in the income of such association are indeterminate or unknown, income-lax will be charged on the total income of the association at the maximum marginal rate sub-section (2) of new section 167a seeks to provide that where the individual shares of the members of an association of persons in any part of the income of such association are indeterminate or unknown, the income-tax payable by the association will be the aggregate of the amount of income-tax on such part of the total income at the maximum marginal rate and the amount of income-tax which would have been chargeable if the remaining part of, the total income were its total income for the purposes of this section, the expression "maximum marginal rate" has the same meaning as in explanation 2 to section 164(3) further, the individual shares of the members of an association of persons in the income of such association will be deemed to be indeterminate or unknown if such shares are indeterminate or unknown on the date of formation of such association or at any time thereafter this amendment will take effect from 1st april, 1981 clause 17 seeks to substitute clause (c) of sub-section (2) of section 208 of the income-tax act by two clauses under the proposed amendment, in the case of a person, other than a company, local authority, registered firm or 8 hindu undivided family which at any time during the previous year had at least one member whose total income of the previous year exceeds re 15,000, advance tax will be payable only where his income exceeds rs 15,000 this amendment will take effect from 1st june, 1981 claube 18 seeks to bubstitute sub-section (2) of section 2q2 of the income-tax act by two new bub-sectlods under the existing provisions, a person qualifies for appointment as a judicial member in the appellate tribunal if he has for at least ten years held a civil judicial post or has ~en a member of t!le central legal service not below grade m for at least three years or has been in practice 3s an advocate for at least ten years under the first amendment, it is proposed to provide that a person shall qualify for appointment as a judicial member of the appellate tribunal if he has for at least ten years held a judicial office in the territory of india or has been a member of the central legal service and has held a post in grade i of that service or any equivalent or higher post for at least three years a person who has been an advocate for at least ten years will continue to be eligible for such appointment as hitherto for this purpose, in computing the period during which such a persod has beld a judicial office, any period during which he has been an advocate or has held the office of a member of a tribunal or any post under the union or state requiring special knowledge of law after he has held any judicial office w1l1 be included similarly, in computing the period during which a person has been an advocate of a high court, any period during which he has held a judicial office or the office of a member of a tribunal or any post under the union or state requiring special knowledge of law after he became an advocate w ill also be included under the existing provisions, a person who has served as an assistant commissioner of income-tax for at least three years qualifies for appointment as an accountant member in the appellate tribunal under the second amendment, it is proposed to provide that a person who has been a member of the indian income-tax service, group a and bas held the post of commissioner of income-tax or any equivalent or higher post for at least three years will qualify for appointment as an accountant member in the appellate tribunal these amendments will take effect from 1st april, 1981 clause 19 seeks to amend sub-section (6) of section 263 of the income-tax act relating to appeals to the appellate tribunal under the existing provisions, a fee of rs 125 is payable by an assessee in respect of an appeal to the appellate tribunal under the proposed amendment, the fee is being raised to as 200 this amendment wlll take effect from 1st june1981 clause 20 seeks to amend sub-section (1) of section 256 of the income-tax act relating to reference to high court under the existing provisions, a fee of rs 125 is payable by an assessee in respect of a reference application to the high court under the proposed amendment, the fee is being raised to rs 200 this amendment will take effect from 1st june, 1981 clause 21 seeks to amend sub-section (2) of section 269g of the income-tax 4ct relating to appeals to the appellate tribunal against orders for the acquisition of lmmovable property under chapter xxa under the existing provisions, a fee of rs 125 is required to be ibid by an asselsee for filing an appeal to the appellate tribunal against an order made by the competent authority for the acquisition of an immovable property under the proposed amendment, the fee is being raised to rs 200 this amendment will take effect from 1st june, 1981 clause 22 seeks to insert a new section 293a in the income-tax act relating to power to make exemptions, etc, in relation to participation in the business of prospecting for or extraction, etc, of mineral olls under the new flection, if the central government is satisfied that it is necessary or expedier:t so to do in the public interest, it may, by notification in the official gazette, make exemption, reduction in rate or other modification in respect of income tax in favour of persons with whom the central government bas entered into agreements cat' the association or j»,rticilbtion of that government or any person authorised by that government in the business consisting of the prospecting for or extraction or production of mineral oils, or persons rendering technical services in connection with such business carried on by that government or by any person specifled by that government in this behalf by notification and employees of such persons this amendment will take effect from 1st april, 1981 clause 23 seeks to amend the ninth schedule to the income-tax act containing a list of priority industries under the proposed amendment, the priority industry, mmely, electronic components and raw materials; computers and periphtlrals; communication equipment; process control, instrumentation, industrial and professional grade electronic equipment is being included in the ninth schedule this amendment wlll take effect from 1st april, 1982 and will accordingly apply in relation to the assessment year 1982-83 and subsequent years clause 24 seeks to amend the eleventh schedule to the income-tax act sub-olause (a) seeks to make an amendment of a consequential nature &1b-clause (b) seeks to omit certain articles or things from the said schedule the second amendment mentioned above will take effect from the 1st april, 1982 and will aocordingly apply in relation to the assessment year 1982-83 and subsequent year, clause 25 seeks to make amendments of a oonsequenti al nature in section 80p and section 273 of the inoome-tax act, these amendments will take effect from 1st aprll 1981 clause 26 seeks to amend section 21 of the wealth-tax actsub-clause (a) seeks to insert a new explanation in sub-section (1) the new explanation seeks to provide that a trust which is not declared by a duly executed instrument in writing will be deemed to be a trust declared by a duly executed instrument in writing if a statement in writing, signed by the trustee, setting out the purpose of the trust particulars as to the trustee, the beneficiary and the trust property is forwarded to the wealth-tax officer within the specified time limit where the trust has been declared before 1st june, 1981, the specified time limit will be a period of three months from that day and in any other case,wlthin three months from the date of declaration of the trust sub-clause (b) seeks to amend sub-section (4) under the first amendment, the provisions of that sub-section will apply notwithstanding anything contained in the provisions of sub-sections (i), (la), (2) and (3) of that section under the second amendment, the provisions of explanation 2 will apply to'that sub-section as also to sub-section (4a) sub-clause (c) seeks to insert new sub-section (4a) under the proposed amendment, where the assets chargeable to wealth-tax are held by a trustee under an oral trust, wealth-t3?t will be levied upon and recovered (rom such trustee in the same manner and to the same extent as an individual citizen of india and resident in india in accordance with the rates specified in part i of schedule i or at the rate of 3 per cent , whichever course is more beneficial to the revenue for the purpose of new sub-section (4a), the expression "oral trust" means a trust which is not declared by a duly executed instrument in writing and which is not deemed under the new explanation to sub-section (1) to have been so declared these amendments will take effect from 1st april, 1981clause 'z7 seeks to insert new section 21aa in the wealth-tax act relating to assessment when assets are held by certain associations of persons sub-section (1) of new section 21aa seeks to provide that where assets chargeable to wealth-tax are held by an association of persons (other than a company or co-operrtive society) and the individual shares of the members of the association in the income or assets or both, of the association on the date of its formation or at any time thereafter are indeterminate or unknown, wealth-tax will be levied and recovered from such association in the same manner and to the, same extent as an individual citizen of india and resident in india at the rates specified in part i of schedule i or at the rate of three per cent, whichever course is more beneficial to the revenue sub-section (2) of new section 21aa seeks to provide that where any business or profession carried on by an association of persods referred to in sub-section (1) has been discontinued or tbe association bas been dissolved, the wealth-tax officer wul make an assessment on the net wealth of the association as if no such discontinuance or dissolution had taken place and all other provisions of the act, including the provisions relating to the levy of penalty or any other sum will apply to such assessment sub-section (3) of new section 21aa empowers the wealth-tllx offlcer, the appellate assistant commissioner and the commissioner (appeals) to impose or direct the imposition of a penalty referred to in section 18 or section l8a if such association has been found to be guilty of any of the acts specified in those sections sub-section (4) of new section 21aa seeks to provide that every person who was at the time of such discontid11ance or dissolution a member of the association and the legal representative of any deceased person will be10iptly and severally liable for the tax, penalty or other sum payable and all the provisions of the act will apply to any such assessment or imposition of penlllty or other sum sub-section (5) of new section 21aa seeks to provide that where any sucb discontinuance or dissolution takes place after any proceedings in respect of an assessment year have commenced, the proceedings may be continued against the persons referred to in sub-section (4) from the stage at which they stood at the time of such discontinuance or dissolution and all other provisions of the act will apply acconiingly the explanation to new section 21aa seeks to provide that in computing the net wealth of the association any assets referred to in the specified clauses of section 5(1) will not be excluded this amendment will take effect from 1st april, 1981 clause 28 seeks to amend sub-section (4) of section 24 of the wealth-tax act relating to appeals to the appellate tribunal under the existing provision~, a fee of rs125 is payable by an assessee in respect of appeals to the appellate tribunal under the proposed amendment, the fee is being raised to rs 200 this amendment will take effect from 1st june, 1981 clause 29 seeks to amend sub-section (2) of section 26 of the wealth-tax act relating to appeals to the appellate tribunal from orders of enhancement by the commissioner under the existing provisions, a fee of rs125 is payable by an assessee in respect of an appeal to the appellate tribunal llnder the proposed amendment, the fee is being raised to rs200 this amendment will take effect from 1st june, 1981 clause 30 seeks to amend sub-section (1) of section 27 of the wealth-tax act relating to reference to higb court under tbe existing provisions, a fee of rs125 1s payable by an assessee in respect of a reference application to the high court 'vnder the proposed amendment, the fee is being raised to rs 200 this amendment will take effect from 1st olme, 1981 clause 31 seeks to insert a new sub-section (4) in section 41 of the wealth-tax act relating to service of notice under the proposed amendment, where an association of persons referred to in new section 21m is dissolved, notices under the wealth-tax act in respect of any matter relating to the association may be served on any person who was a member of sucb association immediately bej)re its dissolution this amendment wid take effect from 1st aprtl, 1981 clause 32 seeks to amend sub-section (4) of section 23 of the gift-tax act relating to appeals to the appellate tribunal under the existing provisions, a fee of rsl25 is payable by an assessee in respect of an appeal to the appellate tribunal pnder the proposed amendment the fee is being raised to rs 200 this amendment will take effect from 1st june, 1981 clause 33 seeks to amend sub-section (2) of section 25 of the gift-tax act relating to appeals to the appellate tribunal under the existing provisions a fee of rs125 is payable by an assesree in respect of appeals to the appellate tribunal under the proposed amendment the fee 1& being raised to rs200 this amendment will take effect from 1st june, 1981 clause 34 seeks to amend sub-section (1) of section 26 of the gift-tax act relating to reference to high court under the existing provisions a fee of rsl25 is payable by an assessee in respect of a reference application to the high court under the proposed amemment the fee is being raised to rs 200 this amendment will take effect from let june, 1981 clause 35 seeks to insert two new clauses in sectjon 2 of the companies (proftts) sljrtax act 1964 new c1aure (1) seeks to define tbe expression "advance tlurtax" as the surtax payable under section 7 a new clause (7 a) seeks to define the expression "regular assessment" 88 an assessment made under section 8 these amendments will take effect from 1st april, 1981 clause 38 seeks to idsert new sectlons 7 a to 7d in the companies (protl1b) surtax act regarding payment of adv8doe surtax sub-seotion (1) of new section 7 a defines \'arious expressions the expression "chargeable amo1dlt" in relation to any previous year means so much of the chargeable profits of the previous year as exceed the statutory deduction the expression "current chargeable amo1dlt" in relation to the ad\'ance surtax payable by a company during any financial year means the chargeable amount of the company of the previous year relewnt to the assessmeat year immediately following the ftnancial year sub-section (2) of new section 7 a seeks to provide that surtax shall be payable in advance during the financial year in respect of the chargeable amount of the period which would be the previous year for the immediately following assessment year sub-section (3) of new section 7 a seeks to provide that the amount of advance surtax pliyable by a company in the financial year will be computed on the basis of the chargeable amount of the latest previous year in respect of which the company has been assessed by way of regular assessment or the chargeable amotmt of the latest pre\'1ous year being a later year than the previous year referred to earlier on the basis of which a pro\'1sional assessment has been made whichever is bigher survut will be calculated on sjlch char hl~t dl7u yeau ·1f>'yift(l5aiu"~ at the rates specified in the third schedule to the act 1 81 1ijle, 9 ~ and in jl ~ ' 'ot of oompulf thp sub -section (4, , ,lion 7 a seeks to provide that the advance surtax will be paya,lv in three equal instalments on the specified dates during the financial year the specified dates i>r this purpose will be 15th june 15th september and 15th december in the case of a company whose chargeable am01dlt to the extent of 75 per cent or more is derived from a source or sources for which the previous year ends on or be"re 31st december the specified dates will be 15th september, 15th december and 15th march in any other case however where the board bas in exercise of the powers conferred by the proviso to section 211(1) of the lncome-tax act authorised the payment of tbe last instalment of advance tax on 15th march during the financial year instead of on tbe 15th december, the last instalment of advance surtax in the ode of such company will also be payable on the 15th march during the financial year sub-section (5) of new section 7 a seeks to provide that a company which bas been previously assessed by way of regular assessment wlll be required to furnish a statement of advance surtax payable by it computed in the manner laid down in subsection (3) on or before the date on which the first instalment of advance surtax is payable by it further, a company which has not been previously assessed by way of regular assessment will be required to furnish an estimate of the current chargeable am01dlt and the advanne surtax payable by it on such amount in the mander laid down in sub-section (3) at any time on or before the date oil which the last instalment of advance surtax 1s payable in 1ts case this sub-section applies to all sucb companies in whose case the chargeabit, profits assessable under ·the act are likely to exceed the amount of statutory deduction in the case of a company which has been previously assessed by way of regular assessment, the arlount of advance surtax is required to be paid in three equa1instalments on the dates applicable to it under subsection () in the case of a new company the amount of advance surtax wlll be required to be paid in equal instalments on such of the dates applicable in its case as haw! not expired or in one sum if only the last of such dates has not expired sub-section (6) of new section 7 a seeks to provide that in cases/where the company estimates that its current chargeable amount of the previous year in respeot of which it is required to furnish the statement of advance surtax would be less than the chargeable amount as aforesaid, it will have the option to furnish an estimate of such current cbargeable amount instead of furnishing the statement sub-section (7) of new section 7 a seeks to provide that ·where a company has furnished a statement as aforesaid, it will have the option to file an estimate if it estimates that its current chargeable amount is ukely to be less than the chargeable amount on the basis of which it is so required to pay advance surtax an estimate can be furnished at any time before the last instalment of ad,'ance surtax is due in its case sub-section (8) of new section 7a seeks to provide that in a case where the advance surtax payable by a company on the basis of its current chargeable amount exceeds the surtax payable by it on the basis of the statement or estimate furnished by it by more than 20 per cent, it will be required to furnish an estimate of advance surtax payable by it on the basis of its current chargeable amount before the date on which ::o~:t_:~~~~~~ ~~:~~~s~/:i:u;oz:;~ u~~- 1981 ~~r::~:i~~~~~:) or the first proviso to section 212(3a) of the income-lc- \ ""'of the gift- date for furnishing the estimate of advance tax payable under the income-tax ~ile company has paid the advance surtax payable on the basis of the statement or estimate furnished by it before the date on which the last instalment is ordinarily due, the balance amount wul be payable on or before the extended date sub-section (9) of new section 7 a seeks to provide that the company may send a revised estimate of the advance surtax payable by it before any of the dates specified in sub-section (4) and adjust any excess or deficiency in respect of an instalment already paid in a subsequent instalment or any subsequent instalments sub-section (10) of new section 7 a seeks to provide that every statement or estimate under that section will be sent in the prescribed form and verified in the prescribed manner these provisions will take effect from 1st april, 1981 new section 7b provides for interest payable by government pnder new section 7b, the central government will be required to pay simple interest at 12 per cent per annum on the amount by'which the aggregate sum of any instalments of advance surtax paid during any financial year in which they are payable under section 7a, exceeds the amount of surtax determined on regular assessment, from 1st april of the assessment year to the date of regular assessment for the said assessment year this amendment will take effect from 1st april, 1981 new section 7c relates to charging of interest for non-payment of advance 8urtax sub-sectlon (1) of new section 7c seeks to provide that where the advance surtax paid by a company on the basis of its own estimate is 1e8s than eighty-three and one-third per cent of the assessed surtax it shall pay simple interest at the rate of twelve per cent per annum from 1st april of the assessment year till the date of the regular assessment on the amount by which the advance surtax paid by it falls short of the assessed surtax sub-section (2) of new section 7c seeks to provide that where a company has not furnished the statement of advance surtax or the estimate in lieu of such -statement or a new company has not furnished the estimate of advance surtax simple interest shall be payable by such company at the rate of twelve per cent per annum from 1st april of the assessment year up to the date of regular assessment on the amount equal to the assessed surtax sub-section (3) of new section 7c seeks to provide that 'where a company has not furnished the bigher estimate of advance surtax it shall pay simple interest at the rate of twelve per cent per annum from 1st april of the assessment year till the date of regtl!ar assessment on the amollnt by which the advance surtax paid by it falls short of the assessed sllrtax cjt 9'-0 yeaits and gains as 01· sub-section (4) 00de 1981 ~,and in as-'provide that in a case where a provisional assessment of the o:mt ~f oompul',f that a(i section 7 interest as provided in sub-section (1) or sub-section (2) 01 ~ ;tion (3) will be calculated up to the date on which the surtax provisionally assessed is paid and thereafter interest will be calculated at the rate of twelve per cent per annum on the amount by which the surtax provisionally assessed falls short of the assessed surtax sub-section (5) of new section 7c seeks to provide that the income-tax officer may in the cases and circumstances to be prescribed hy rules reduce or waive the interest payable by the company under this section sub-section (6) of new section 7 c seeks to provide that where as a result of an orde r of appeal revision or rectification,the amount on which interest is payable by the company stands reduced the interest will be reduced accordingly and the excess interest paid -will be refunded sub-section (7) of new section 7c seeks to provide that the expression "assessed surtax" for the purposes of this section and section 9a will mean the surtax determined on the basis of a regular assessment without making any deduction therefrom this amendment will take effect from 1st april, 1981 new section 7d relates to interest payalie by a company in case of underestimate etc new sectlon 7d seeks to provide that where on making the regular assessment, the inoome-tax officer flnds that any oompany bas underestimated the advance surtax payal:ie by it and thereby' reduced the amount payalie in either of the arst two instalments, he may dlrect that such oompany shall pay slmple interest at the rate of twelve per cent per annum for the period during which the payment was deficient this amendment will take effect from 1st april, 1981 clause 37 seeks to insert a new section sa of the compulles (profits) surtax act, relating to penaltles for false eatimate of or failure to pay surtax in advance these provisions are broadly on the lines of the corresponding provisions of the income-tax act relating to imposition of penalty for false estimate of or flflure to pay income-tax in advance in the case of oompanles this amendment will take effect from 1st april, 1981 clause 38 seeks to amend section 10 of the companies (profits) surtax act under the proposed amendment, no order imposing a penalty under new section sa will be made unless the assessee has been given a reasonable opportunity of being beard •• ~ompanles (profits) this amendment wnl take effect from 1st aprll, 1981 - ~-clause 39 seeks to amend !ub-sectl~ ,_-" surtax act relating to appeals to the c~~e 1981 under the proposed amendment, any oomp~ ~bj~3_~ the g~~~~ of jdterest by the income-tax officer under the provisions of new section 7d may appeal to the comm1s~oner (appeals) this amendment will take effect from 1st aprll, 1981 clause 40 seeks to amend sub-section (6) of section 12 of the companies (profits) surtax act under the existing provisions, a fee of ra 125 is payal:ie by an assessee in respect of an appeal to the appellate tribunal under the proposed amendment, the fee is being raised to rs 200 this amendment wul take effect from 1st june, 1981 clause 41 seeks to amend section 18 of the companies (profits) surtax act relating to application of the provisions of the income-tax act under the proposed amendment, sectlons 218 and 219 of the income-tax act are proposed to be made appllcable to surtax as they apply to income-tax this amendment wul take effect from 1st aprll, 1981 clause 42 seeks to insert a new section 24aa in the companles·(proflts) surtax act relaung to power to make exemptions, etc", in relation to participation in the business of prospectlng for or extraction, etc, of mineral on •• under the new section,if the central government is satisfied that it is neceseary or expedient so to do in the publlc interest, it may, by notification in the official gazettee, make exemption, reduction in rate or other modiflcatlon in respect of surtax in favour of foreign companies wi th whom the central government has entered into agreements for the association or participation of that gove~nt or any person authorised by that government in the business consisting of the prospecting for or extraction or production of mineral ons or foreign companies rendering technical services in connection with such business carried on by that government or any person specified by that government in this behalf by notiflcation in the official gazette the expression "foreign company" shall have the same meaning as in section 80b(4) of the income-tax act this amendment will take effect from 1st aprn, 1981 clause 43 seeks to amend rule 1 of the first schedule to the companies (proflts) surtax act under t!le proposed amendment, where any income or profits and galns are required to be excluded from tlle ,t9tal [nco me under any clause of rule 1, the amount of such incomsllfb y;8}ts and gains as ~lted in accordance with the provisions of the !reine, 1981 ~,and in a case where any deduction is required to be allowed under cmt of compul',f that 4~l!:t in respect of such income or profits and gains, the amount 01 b or profits and gains computed as aforesaid as reduced by the amount of such deduction, shall alone be deemed to be the amount of income or profits and gains required to be excluded from such total income this admendment wlll take effect from 1st april 1981 and wlll accordingly apply in relation to the assessment year 1981-82 and subsequent years clause 44 seeks to amend sub-section (6) of section 16 of the interest-tax act, 1974 under the existing provisions a fee of rs 125 is payalie by an assessee in respect of an appeal to the appellate tribunal under the proposed amendment, the fee is being raised to rs200 this amendment wid take effect from 1st june, 1981 clause 45 seeks to amend sub-section (6) of section 19 of the hotel-receipts tax act, 1980 under the existing provisions, a fee of rs125 is payable by an assessee in respect of an appeal to the appellate trll:amal under the proposed amendment, the fee is being raised to rs 200 this amendment will take effect from 1st june, 1981 clause 46 read with the second schedule seeks to -(1) ralse the rate of basic customs duty on bars (including bright bars) and wire rods of stalnl ess steel; (11) raise the rate of basic customs duty on plain abaft bearings clause 47 seeks to levy up to the 31st march 1982, auxillary duties of customs on all imported goods at the rate of 25 per cent of tl1eir value clause 48 read with the third schedule seeks to change the tariff descriptlon of -(1) item noim relating to plastics to exclude polyester fums from its scope (now included in 9 new item -isbb); (2) item no1s relating to tyres as a measure of rationalisation; (~) item noi6aa relating to synthetic rubber as a measure of rationalisation; (4) item no 2m relating to copper to provide for specific inclusion of waste and scrap, ~ shells and blanks for pipes and tube" of copper within its scope; ~ -(5) item no 2gb relating to zinc to provide for splc - "1'ilon of waste and scrap and calot~ of zinc wltbjn i ts &cope: ~ the gi -+ c (6) item no27 relating to aluminium to provide i " ~"'l~lmclusion of waste and scrap of alumlnlum within its scope: (7) item no 27a relating to lead to provide for speclflc inclusion of waste and scrap of lead within its scope j (8) sub-item 11(1) of item no 37 relating to cinematograph fums to cover news-reels and shorts up to 600 metres in length within its scope clause 49 seeks to levy up to the 31st day of march, 1982, special duties of excise on all excisable goods fj-t the rate of ten per cent of the duty levlatie under the central excises act, read with any notification for the time being in force issued under the said act or the rules made thereunder clause 50 seeks to amend the first schedule to the adtlitional duties of excise (goods of special importadce) act 1957, to raise the additional excise duty (in beu of sales-tax) 011 cigarettes clause 51 seeks to amend the additional duties of excise (textiles and textile articles) act, 1978, to raise the additional duty leviable tmder this act on textiles and textile articles clause 52 seeks to substitute the schedule to the medicinal and touet preparau'ons (excise duties) act, 1955, by another schedule prescribing ad3usted rates ol excise duties on the medicinal and tonet preparations containing alcohol, - narcatlc drug and narcotic on the basis of pure alcohol content, replacing the lopdon-proof strength system ado~ed earlier besides an alternate ad valorem rate is being provided for certain medloldal preparations ~ch are capalie of being consumed as ordinary alcobollc beverages clause 53 seeks to make certain amendments in the compulsory deposit bcheme (inaome-tax payers) act, 1974 sub-clause <a> seeks to amend sub-section (1) of sect10n 3 sub-clauae (b) seeks to amend clause (ill) of sub-section (1) of section 4 these amendments seek to secure that, in relation to the alt8esament years 1982-83 and 1983-84 also, compulbory deposits are made at the rates specified in paragraph c of the schedule to the act these amendments wlll take effect from 1st aprn, 1981 sub-clause (c) (1) seeks to insert a dew sub-sedtioil (la) in section 8 under the proposed amenc:hnent, the amount of compulsory deposit made by or recovered from an lndlvldualor any perlon who is assessable in respect of the income of such individual in a representative capacity shall be repayable, together with the interest due thereon, on the 1st day of the immediately succeeding financial year in which such individual attains 70 years of age in a case where such indlvldual has attained the age of 70 years before 1st aprll, 19'81, the amount will become repayable oil 1st june, 1981 the depositor, however, will have the option not to withdraw the amount of compulsory deposit or interest when it becomes due this amenc:hnent wfil take effect from 1st june, 1981 clause 3 of the bill seeks to insert a new secuon loa in the income-tax act, 1961 relatldg to special provision in respect of ldoome from newly establlsbed industrial undertaklnp in free trade zones the explanatlon'be1ow this new section defines the expression "free trade zone" occurring in the section to mean the kandla free trade zone and the santacruz electronics export processing zone, and to include any other free trade zone which the central government may, by notlf1catlon in the official gazette, specify for the purposes of this section this power is necessary to cover free trade zones which may be established in future clause 22 of the bill proposes to insert a new section 293a in the income-tax act which empowers the central government, by notification in the official gazette, to make exemption reduction in rate or other modification in respect of income-tax in favour of any person with whom the central government has entered into agreement for the association or participation of that government or any person authorised by it in the business consisting of the prospecting for or extraction or production of mineral oust and in favour of persons rendering technical services in connection with such business carried on by that government or by any person specified by that government in this behalf by notification the new section also empowers the central government to make a similar exemption in favour of the employees of such persons sub-section (3) of the proposed new section requires all the notifications issued under this section to be laid before each house of parliament clause 42 of the bill proposes to insert a new section 24aa in the companies (profits) surtax act, 1964 to give a similar power to the central government to make an exemption, etc, in respect of surtax in favour of foreign companies with whom the central government has entered into agreements for the association or participation of that government or any person authorised by that government in the business consisting of the prospecting for or extraction or production of mineral oils and in favour of foreign companies rendering technical services in connection with such business carried on by that government or any person specified by that government in this behalf by notification in the official gazette notifications issued under this section are also required to be laid on the table of eacb house of parliament this power is required to facuttate participation of foreign companies and technicians in the off-shore drilling operations which are being undertaken by the central government and the on and natural gas commission clause 36 of the bi1l seeks to insert new sections 7 a to 7d in the companies (profits) illrtax act, 1974 so as to provide for payment of advance surtax new section 7c relates to charging of interest for non-payment of advance surtax subsection (5) of this new section empowers the 1dc0me-tax officer to reduce or waive the interest payable by the company under this section in the cases and circumstances to be prescribed by rules made under the act the delegatlon of leglslatlve power under the aforesaid provisions relates to matters of proced\u'e or admlnlstrauve detan or to matters in respect of which it is not practlcal:ie to make detailed provisions hence, the delegat1c1l d legislative power is of a normal character billto give effect to the financial proposals of the central government for the financial year 1981-82 (shri r vejdeatar_, minister of fin-:e)	Parliament_bills	b82df0e0-24cf-57f0-b03a-cab6f2d534d7
bill no 151 of 2016 the right to shelter bill, 2016 byshri gopal chinayya shetty, mpa 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 every such family in the country 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 right to shelter act, 2016(2) it extends to the whole of indiashort title, extent and commencementdefinitions2 in this act, unless the content otherwise requires,—(a) "family" means a citizen, his spouse and dependent children;5(b) "person living below poverty line" means a person whose monthly income from all sources is such as may be determined by the central government, from time to time after taking into consideration all such relevant factors as it may deem fit:provided that different criterion may be fixed for different classes of persons in various states and union territories(c) "prescribed" means prescribed by rules made under this act; and10(d) "shelter" means a dwelling unit comprising at least one living room, one bed room, one kitchen and one toilet 3 (1) the central government shall, within a period of five years from the coming into force 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 family15central government to provide a dwelling unit to families living below poverty line(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 prescribed20(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 manner as may be prescribed 4 (1) the central government shall, within a period of seven years from the coming into force of this act, provide a shelter at fifty per cent of the cost to each family, having an annual income of less than rupees five lakh:25provided 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 cost(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 having an annual income less than rupees five lakh in each state and union territory in such manner as may be prescribed30(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 prescribed5 (1) the central government shall, after every four years, undertake the maintenance of the dwelling unit provided under section 3 and charge such nominal amount for the purpose as may be prescribedcentral government to maintain the dwelling unit35(2) the central government shall, after every four years, undertake the maintenance of the dwelling unit provided under section 4 and charge fifty per cent of the maintenance costpower to remove difficulty406 if any difficulty 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 order shall be made after the expiry of the period of three years from the date of commencement of this act457 the provisions of this act shall be in addition to, and not 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 in addition to other actspower to make rules8 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act510(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and 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 healthcare, 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 facility earning less than rupees five lakh should be provided a dwelling unit at fifty per cent of the cost the proposed bill also provides for maintenance and succession of the dwelling unit given by central governmenthence this billnew delhi;gopal chinayya shettymay 5, 2016 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 fifty per cent of the cost clause 5 provides that central government shall also undertake the maintenance of these dwelling unitsthe bill, therefore, if enacted would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees five hundred crore per annum would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees one thousand crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill 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 right to shelter to the persons living below poverty line or falling under low income group by providing a dwelling unit to every such family in the country and for matters connected therewith or incidental thereto————(shri gopal chinayya shetty, mp)gmgipmrnd—1259ls(s3)—02-07-2016	Parliament_bills	66335d72-b49c-53d0-b1f3-48c1ec9de917
the prevention and punishment of the crime of genocide bill, 2016 byshri kirti azad, mparrangement of clauses————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii offences3 punishment for offence of genocide 4 punishment for incitement of offence of genocide 5 punishment for being a part of unlawful assembly 6 punishment for organising a group and instigating the commission of the offenceof genocide7 punishment to owner or occupier of land or property on which a group or unlawfulassembly is organised for committing genocide8 harboring persons hired for an unlawful assembly or a group organised to commitany offence under this act9 punishment for promoting enmity between different group on the grounds of religion,race, place of birth, nationality, language, etc and doing acts to induce hatred and disharmony10 punishment for abetment of any offence under the act 11 punishment for abetment when one act abetted and different act done 12 punishment for conspiracy to commit an offence under this act 13 responsibility of superiors 14 every member of unlawful assembly guilty of offence committed in prosecution ofcommon object15 attempt to commit offences chapter iii prevention mechanism16 centre for research to prevent genocide clauses17 composition of the centre 18 officers and staff of the centre for research to prevent genocide 19 mandate of the centre for research to prevent genocide 20 centre to submit periodic assessment reports chapter iv establishment of genocide tribunal21 establishment of genocide tribunal 22 composition of the genocide tribunal 23 selection committee for appointment of chairperson and judicial members ofthe tribunal24 qualification for appointment of chairperson and judicial members 25 term of office and other conditions of service of chairperson and judicialmember26 resignation 27 salaries, allowances and other terms and conditions of service 28 removal and suspension of chairperson and judicial member 29 to act as chairperson of tribunal or to discharge his functions in certaincircumstances30 oath and secrecy and holding of office on ceasing to be such chairperson etc 31 tribunal to have exclusive jurisdiction 32 powers of the tribunal 33 staff of tribunal chapter v national genocide appellate tribunal34 establishment of the national genocide appellate tribunal 35 composition of the national genocide appellate tribunal 36 selection committee for chairperson and judicial members of the appellatetribunal37 qualification for appointment of chairperson and judicial member 38 term of office and other conditions of service of chairperson and judicial member 39 resignation 40 salaries, allowances and other terms and conditions of services 41 removal of chairperson and judicial member 42 judicial member to act as chairperson of tribunal or to discharge his functions incertain circumstances43 oath of office and secrecy chapter vi appeals44 appeals from conviction 45 appeal by state government against sentence 46 appeal in case of acquittal 47 appeal against conviction by national genocide appellate tribunal 48 powers of appellate tribunal chapter vii submission of death sentences for confirmation clauses49 sentence of death to be submitted by the state genocide tribunal, for confirmation 50 power to direct further inquiry to be made or additional evidence to be taken 51 power of the appellate tribunal to confirm sentence or annual conviction chapter viii reference to high court52 reference to high court chapter ix witness protection53 witness protection fund 54 categories of witnesses 55 procedure for obtaining witness protection 56 types of protection chapter x miscellaneous57 act to have overriding effect 58 application of act, 2 of 1974, 1 of 1872 59 power to make rules bill no 11 of 2016 the prevention and punishment of the crime of genocide bill, 2016 byshri kirti azad, mp a billto establish a mechanism for prevention and punishment for the crime of genocide and for matters connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— chapter i preliminarydefinitions2 in this act, unless the context otherwise requires,—45 of 1860(a) "abetment" shall have the same meaning as assigned to it in section 107 of the indian penal code, 1860;45 of 1860(b) "abettor" shall have the same meaning as assigned to it in section 108 of the indian penal code, 1860;5(c) "competent authority", in relation to a state, means the secretary of the state legal services authority of that state, who is authorized to issue directions and pass orders for witness protection;(d) "criminal force" shall have the same meaning as assigned to it in section 350of the indian penal code, 1860;10 45 of 1860(e) "effective command and control" or "effective authority and control" means having the material ability to prevent and punish the commission of offences by subordinates;15(f) "genocide" means any of the following acts committed, whether in the time of war or in the time of peace, with an intent to destroy, in whole or in part, a national, ethnical, racial, religious, linguistic, social or any other similar stable and permanent group, as such:(i) killing members of the group;(ii) causing serious bodily or mental harm to the members of the group;20(iii) causing permanent impairment of mental faculties of members of the group through drugs, torture or similar techniques;(iv) deliberately inflicting on the group, such conditions of the life which are calculated to bring about physical destruction of the group either wholly or partly;25(v) deliberately contaminating, destroying or restricting access to such flora, fauna or any other natural or man-made resources on which a group is dependent for survival;(vi) imposing measures intending to prevent births within a group; and (vii) forcibly transferring children of group to another group;30(g) "in-camera proceedings" mean proceedings in which the public and media are not allowed to participate;(h) "live link" means a live television link or other such arrangement whereby a witness, while absent from the courtroom, can depose in the matter;(i) "superior" means:—35(a) a military commander or a person effectively acting as a military commander; or(b) any other superior, in as much as the crimes arose from activities within the effective authority and control of that superior;40(j) "threat analysis report" means a detailed report prepared and submitted by the officer investigating the case and shall include—(a) seriousness and credibility of the threat perception to a witness or his family members;(b) specific details about the nature of threats faced by the witness or his family to their life, reputation or property;(c) analysis of the intent, motive and resources of the person or persons making the threat to implement the threats; and(d) categorization of the threat perception and concrete steps required to be taken for witness protection;5(k) "unlawful assembly" means an assembly of three or more persons having the common object—first— to overawe by criminal force or show of criminal force, the central or any state government or the parliament or the legislature of any state or any public servant in the exercise of the lawful power of such public servant; orsecond— to resist the execution of any law or of any legal process; or10third— to commit any mischief or criminal trespass or other offenceunder this act; or15fourth— by means of criminal force or show of criminal force, to compel any person to do what he is not legally bound to do or to omit to do what he is legally entitled to doexplanation— an assembly which was not unlawful when it assembled may subsequently become an unlawful assembly20(l) "witness" means any person who possesses information or document about any crime regarded by the competent authority as being material to any criminal proceedings and who has made a statement or who has given or agreed to give evidence in relation to such proceedings;(m) "witness protection fund" means the witness protection fund constituted under section 53; and25(n) "witness protection order" means an order passed by the competent authority detailing the steps to be taken for ensuring the safety of life, reputation or property of witness from threats to him or his family members and includes an interim order, if any, passed during the pendency of witness protection application chapter ii offences303 whoever commits the offence of genocide shall be punished,—(a) when such offence leads to death, with death or life imprisonment; andpunishment for offence of genocide(b) in any other case, with imprisonment for life or imprisonment of eitherdescription for a term which may extend upto ten years and shall also be liable to fine354 whoever, publicly or otherwise, incites another person to commit any of the ingredients constituting the offence of genocide shall be punished,—punishment for incitement of offence of genocide(a) when such incitement results in commission of the offence of genocide,with life imprisonment or imprisonment of either description for a term which may extend upto twenty years and shall also be liable to fine; and40(b) in any other case, with imprisonment of either description for a term which may extend upto ten years and shall also be liable to fine 5 whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term which may extend upto one year or with fine or bothpunishment for being a part of unlawful assembly45explanation—for the purpose of this section, 'member of unlawful assembly' means a person, who, being aware of the facts which render any assembly an unlawful assembly, intentionally joins that assembly, or contines in that assembly6 (1) whoever organizes, by hiring or engaging or employing or promoting or conniving at hiring, a group for the purpose of committing the offence of genocide, shall be punished with imprisonment of either description for a term which may extend upto seven years and shall also be liable to finepunishment for organizing agroup andinstigating the commission of the offence of genocide(2) whoever becomes a part of a group referred to in sub-section (1) shall be punished with imprisonment of either description for a term which may extend upto five years and shall also be liable to finepunishment to owner or occupier of land or property on which a group or unlawful assembly is organized for committing genocide7 whoever, being owner or occupier of any land or property or his agent or manager for such land or property, or having any interest in such land or property, knowing that such land or property was used or is being used for assembly of any group or unlawful assembly in furtherance of committing or inciting the commission of any offence under this act or has reasons to believe that such offence has been committed or is likely to be committed, do not give notice to the nearest police station at the first opportunity and do not, in case he has reasons to believe that it is about to be committed, use all lawful means in his power to prevent it, and in event of its taking place, do not use all lawful means in his power to disperse such an assembly or group, shall be punished with imprisonment of either description for a term which may extend upto one year or with fine or both8 whoever, in occupation or charge or control of any house or land or premises harbors or receives or allows the assembly of persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly or a group organized to commit an offence under this act, shall be punished with imprisonment of either description for a term which may extend upto one year or with fine or bothharboring persons hired for an unlawful assembly or a group organized to commit any offence under this act9 whoever,—(a) by words, either spoken or written, or by signs or visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste, community or any other ground whatsoever, disharmony or feelings of enmity or hatred or ill-will between different religious, racial, ethnic, linguistic, regional, national, social or any other stable and permanent group or castes or community, or(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, ethnic, linguistic, regional, national, social or any other stable and permanent group or castes or community and which results in or is likely to result in commission of any offence under this act, or punishment for promoting enmity between different groups on the grounds of religion, race, place of birth, nationality language, etc and doing acts to induce hatred and disharmony(c) organizes any exercise, movement, drill or any other similar activity intending that the participants in such activity, shall use, or be trained to use, criminal force or violence, or knowing it to be likely that the participants in such activity shall use, or be trained to use, criminal force or violence, or participates in such activity, intending to use, or be trained to use, criminal force or violence against any religious, racial, ethnic, linguistic, regional, national, social or any other stable and permanent group or castes or community, and such activity for any reason whatsoever causes or is likely to cause the commission of any offence under this act, shall be punished with imprisonment of either description which may extend upto five years or with fine or both 10 whoever abets the commission of any offence under this act shall be punished with the same punishment as provided for that offencepunishment for abetment of any offence under the act11 where abetment of commission of an offence under this act results in commission of a different offence under this act, the abettor shall be punished with the same punishment as provided for the offence committedpunishment of abetment when one act abetted and different act done5 10 15 20 25 30 35 404512 whoever is a party to a criminal conspiracy to commit an offence under this act shall be deemed to be guilty of abetting the commission of that offence and shall be punished accordinglyp u n i s h m e n t for conspiracy to commit an offence under this act responsibility of superiors513 in addition to other grounds of criminal responsibility for commission of offences under this act,—(a) a military commander or person effectively acting as a military commander shall be criminally responsible for offences committed by forces under his effective command and control or effective authority and control, as the case may be, if—10(i) that military commander or person either knew or owing to the circumstances at the time, should have known that the forces were committing or about to commit such offence; and15(ii) that military commander or person fails to take all necessary and reasonable measures within his power to prevent or repress the commission of such offence or fails to submit the matter to the competent authority for investigation and prosecution; and (b) a superior officer shall be criminally responsible for offences committed by subordinates under his effective authority and control, if—20(i) the superior either knows or consciously disregards information, which clearly indicates that the subordinates are committing or about to commit such offence;(ii) the activities concerning offences are within the effective responsibility and control of the superior; and(iii) the superior fails to take all necessary and reasonable measures within his power to prevent or repress the commission of such offence or fails to submit the matter to the competent authority for investigation and prosecution2514 where an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly or where any such member knows that the offence is likely to be committed in prosecution of that object, every such member shall be deemed to be guilty of commission of that offenceevery member of unlawful assembly guilty of offence committed in prosecution of common object30attempt to commit offences15 whoever attempts to commit an offence punishable under this act with imprisonment, or to cause such an offence to be committed, shall be punished with imprisonment for a term which may extend upto one-half of the longest term of imprisonment provided for that offence or with such fine as is provided for that offence or with both chapter iii35 prevention mechanism16 (1) the central government shall, by notification, with effect from such date as may be specified therein, establish a centre for research to prevent genocide, hereinafter referred to as the centrecentre for research to prevent genocide(2) the centre shall have its principle seat at new delhi40(3) the central government may, by notification, establish regional offices of thecentre at such places as it may deem necessarycomposition of the centre17 (1) the centre shall consist of experts in the field of international laws, genocide, conflict management and allied fields(2) the centre shall consist of such number of members as the central government may, by notification, decide18 (1) the central government shall appoint such number of officers and staff to the centre for effective implementation of the provisions of this actofficers and staff of the centre5(2) the salary and allowance payable to and other terms and conditions of service of officers and staff of the centre shall be such as may be prescribed19 the centre shall undertake research with the following objectives:—mandate of the centre(a) to understand the social, economic and other factors preceding the outbreak of genocide and develop a statistical model for the same;(b) to develop an early warning system that can predict the outbreak of genocide;10(c) to conduct periodic assessment studies and identify high risk areas within the country which are susceptible to incidents of genocide; and(d) to develop and suggest conflict transformation methodology for effective control of any imminent outbreak of genocide1520 the centre shall conduct periodic assessment of the situation at identified risk areas and submit reports thereof to the central government in such form and manner as may be prescribedcentre to submit period assessment reports chapter iv establishment of genocide tribunal20establishment of genocidetribunal21 the central government shall, by notification, establish with effect from such date as may be specified therein, a tribunal to be known as the genocide tribunal in each state and union territory, to exercise the jurisdiction, powers and authority conferred on such tribunal by or under this act22 the tribunal shall consist of—25(a) a full time chairperson; andcomposition of the genocide tribunal(b) not less than two but subject to maximum of four full time judicial members as the central government may, from time to time, notify3023 (1) the central government shall, in consultation with the state government concerned, constitute a selection committee for the appointment of the chairperson and judicial members of the genocide tribunal(2) the selection committee shall consist of,—(a) the chief justice of the concerned high court as the chairperson; and (b) three senior-most judges of the concerned high courtselection committee for appointment of chairperson and judicial members of the tribunal3524 (1) a person shall not be qualified for appointment as the chairperson of the tribunal, unless he is, or has been the chief justice of a high court(2) a person shall not be qualified for appointment as judicial member of the tribunal unless he is, or has been a district or a session judgequalification for appointment of chairperson and judicial members4025 the chairperson and the judicial members of the tribunal shall hold office for aterm of five years from the date on which they enter upon their office and shall be eligible for re-appointmentterm of office and other conditions of service of chairperson and judicial member resignation26 the chairperson and judicial members may, by notice in writing under their handaddressed to the central government, resign their office27 the salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of the chairperson and the judicial members shall be such as may be prescribedsalaries, allowances and other terms and conditions of services28 (1) the central government may, in consultation with the chief justice of india, remove from office the chairperson or judicial member of the tribunal, who,—5\| ( \| a \| ) has been adjudged an insolvent; or \|\|------------------------------------------\|-----\|--------------------------------------------------------------------------------------\|\| removal and \| \| \|\| suspension of \| \| \|\| chairperson \| \| \|\| and judicial \| \| \|\| member \| \| \|\| ( \| b \| ) has been convicted of an offence which, in the opinion of the central \|\| government, involves moral turpitude; or \| \| \|\| ( \| c \| ) has become physically or mentally incapable; or \|\| 10 \| \| \|\| ( \| d \| ) has acquired such financial or other interest as is likely to affect prejudicially \|\| his functions; or \| \| \|\| ( \| e \| ) has so abused his position as to render his continuance in office prejudicial \|\| to the public interest \| \| \|15(2) the chairperson or judicial member shall not be removed from his office except by an order made by the central government after an inquiry made by a judge of the supreme court in which such chairperson or judicial member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges20judicial member to act as chairperson of tribunal in certain circumstances29 in the event of occurrence of the vacancy in the office of the chairperson of tribunal, by reason of his death, resignation or otherwise, such judicial member of the tribunal as the central government may, by notification, authorise in this behalf, shall act as the chairperson until the date on which a new chairperson is appointed in accordance with the provisions of this actoath of office and secrecy2530 (1) the chairperson and judicial member shall, before entering upon his office, make and subscribe to an oath of office and secrecy in such form, manner and before such authority, as may be prescribed(2) the chairperson and the judicial members shall not hold any other office during their tenure as a chairperson or a judicial member(3) on ceasing to hold office the chairperson or a judicial member shall not appear, plead or act before the tribunal or the appellate tribunal30\| tribunal \|\|----------------\|\| have exclusive \|\| jurisdiction \|31 notwithstanding anything contained in any other law for the time being in force, the state genocide tribunal shall have the exclusive jurisdiction to try the offences under this actpowers of the tribunal32 notwithstanding anything contained in any other law for the time being in force,the state genocide tribunal shall exercise the same powers as that of a court of sessions, as defined under the code of criminal procedure, 197335staff of tribunal33 (1) the central government shall determine the nature and categories of the officers and other employees required to assist the tribunal in the discharge of its functions(2) the recruitment of the officers and other employees of the tribunal shall be made by the chairperson in such manner as may be prescribed40(3) the officers and other employees of the tribunal shall discharge their functionsunder the general superintendence of the chairperson(4) the salaries and allowances and conditions of service of the officers and other employees of the tribunal shall be such as may be prescribed chapter v national genocide appellate tribunal34 (1) the central government shall, by notification, establish an appellate tribunal to be known as the national genocide appellate tribunalestablishment of the national genocide appellate tribunal5(2) the appellate tribunal shall hear and dispose of appeals against any order passed,direction issued or decision made by the genocide tribunal(3) the appellate tribunal shall sit at new delhi, or at such other places as the central government may, from time to time, appoint35 the appellate tribunal shall consist of—\| ( \| a \| ) a full-time chairperson; and \|\|---------------------------------------------------\|-----\|----------------------------------------------------------------------------\|\| 10 \| \| \|\| composition \| \| \|\| of the \| \| \|\| appellate \| \| \|\| tribunal \| \| \|\| ( \| b \| ) not less than two but subject to maximum of four judicial members as the \|\| central government may from time to time, notify \| \| \|36 (1) the chairperson and judicial members of the appellate tribunal shall be appointed by an appointment committee consisting of—\| ( \| a \| ) the chief justice of india as the chairperson; \|\|-----------------------------\|-----\|------------------------------------------------------------------------------------\|\| 15 \| \| \|\| ( \| b \| ) four senior-most judges of the supreme court of india \|\| appointment \| \| \|\| committee for \| \| \|\| appointment of \| \| \|\| chairperson \| \| \|\| and judicial \| \| \|\| members of the \| \| \|\| appellate \| \| \|\| tribunal \| \| \|\| ( \| 2 \| ) the manner of selection of panel of names shall be such, as may be prescribed by \|\| the supreme court of india \| \| \|37 (1) a person shall not be qualified for appointment as the chairperson of the appellate tribunal, unless he is or has served as a judge of the supreme court of india20(2) a person shall not be qualified for appointment as the judicial member of the appellate tribunal unless he is or has served as a judge of a high courtqualification for appointment of chairperson and judicial member2538 the chairperson and the judicial member of the appellate tribunal shall holdoffice for a term of five years from the date on which they enter upon their office and shall be eligible for re-appointmentterm of office and other conditions of service of chairperson and judicial memberresignation39 the chairperson and judicial member of the appellate tribunal may, by notice inwriting under their hand addressed to the central government, resign their office40 the salaries and allowances payable to, and the other terms and conditions ofservice (including pension, gratuity and other retirement benefits) of, the chairperson and judicial member shall be such as may be prescribed30salaries, allowances and other terms and conditions of service41 (1) the central government may, in consultation with the chief justice of india, remove from office of the chairperson or judicial member of the appellate tribunal, who,—removal of chairperson and judicial member(a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or35(c) has become physically or mentally incapable; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or40(e) has so abused his position as to render his continuance in office prejudicial to the public interest(2) the chairperson or judicial member shall not be removed from his office except by an order made by the central government after an inquiry made by a judge of the supreme court in which such chairperson or judicial member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges542 in the event of occurrence of vacancy in the office of the chairperson, by reason of his death, resignation or otherwise, the senior most judicial member shall act as the chairperson, until the date on which a new chairperson is appointed, in accordance with the provisions of this actjudicial member to act as chairperson of appellate tribunaloath of office and secrecy1043 (1) the chairperson and judicial member shall, before entering upon his office, make and subscribe to an oath of office and secrecy in such form, manner and before such authority, as may be prescribed(2) the chairperson and the judicial members shall not hold any other office during their tenure as a chairperson or a judicial member(3) on ceasing to hold office, the chairperson or a judicial member shall not appear, plead or act before the tribunal or the appellate tribunal15 chapter vi appealsappeals from conviction44 (1) any person aggrieved by an award, order or decision of the genocide tribunal may file an appeal to the appellate tribunal, in such form and manner, as may be prescribed, within ninety days from the date of such award, order or decision20(2) any person aggrieved by any award, order or decision of the appellate tribunal, may file on appeal to the supreme court, within ninety days from the date of such award, order or decision in such form and manner, as may be prescribed2545 (1) the state government may, in any case of conviction, on a trial held by the genocide tribunal direct the public prosecutor to present an appeal against the sentence, to the appellate tribunal on the ground of its inadequacyappeal by state government against sentence(2) when an appeal has been filed on the ground of inadequacy, the appellate tribunal shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for reduction of the sentence30(3) where the appellate tribunal upholds or reduces the sentence, the state government may direct the public prosecutor to present an appeal to the supreme court of india on the ground of inadequacyappeal in case of acquittal46 (1) the state government may direct the public prosecutor to present an appeal to the appellate tribunal from an order of acquittal passed by the state genocide tribunal35(2) no appeal to the appellate tribunal shall be entertained except with the leave of the national genocide appellate tribunal40(3) if such an order of acquittal is passed in any case instituted upon a complaint, and the appellate tribunal, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the appellate tribunal47 where the appellate tribunal, on appeal, reverses an order of acquittal of an accused person and convicts him to sentence of death or imprisonment for life, he may appeal to the supreme courtappeal against conviction by national genocide appellate tribunal4548 after perusing such records and hearing the appellant or his pleader, if he appears, and the public prosecutor, if he appears, and in case of an appeal under section 46 orpowers of appellate tribunalsection 47, the accused, if he appears, the appellate tribunal may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may,—(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;5(b) in an appeal from a conviction—(i) reverse the finding and sentence or acquit the accused, or order him to be re-tried by a tribunal of competent jurisdiction subordinate to such appellate tribunal, or(ii) alter the finding, maintaing the sentence, or10(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same; (c) in an appeal for enhancement of sentence:—15(i) reverse the finding and sentence or acquit the accused or order him to be re-tried by a court competent to try the offence, or(ii) alter the finding maintaining the sentence, or (iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same (d) in an appeal from any other order, alter or reverse such order;20(e) make any amendment or any consequential or incidental order that may be just or proper:provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:25provided further that the appellate tribunal shall not inflict greater punishment for the offence than that ordered for that offence by the court passing the order or sentence under appeal chapter vii submission of death sentences for confirmation3049 (1) when the state genocide tribunal passes a sentence of death, the proceedings shall be submitted to the appellate tribunal, and the sentence shall not be executed unless it is confirmed by the appellate tribunal(2) the state genocide tribunal shall commit the convicted person to jail custody under a warrantsentence of death to be submitted by the state genocide tribunal for confirmation3550 (1) if when such proceedings are submitted, the appellate tribunal thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the state genocide tribunalpowers to direct further inquiry to be made or additional evidence to be taken(2) unless the appellate tribunal otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken51 in any case submitted under section 49, the appellate tribunal—40(a) may confirm the sentence or pass any other sentence warranted by law, orpowers of the appellate tribunal to confirm sentence or annul conviction(b) may annul the conviction, and convict the accused of any offence of which the state genocide tribunal might have convicted him, or order a new trial on the same or on amended charge, or(c) may acquit the accused person: provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of 5 chapter viii reference to high courtreference to high court1052 (1) where the state genocide tribunal is satisfied that a case pending before it involves a question as to the validity of any act, ordinance or regulation or of any provision contained in an act, ordinance or regulation, the determination of which is necessary for disposal of the case, and is of opinion that such act, ordinance, regulation or provision is invalid or inoperative, but has not been so declared by the high court in whose jurisdiction that tribunal is situated or by the supreme court, the state genocide tribunal shall state a case setting out its opinion and the reasons therefore, and refer the same for the decision of the high court15explanation—in this section, "regulation" means any regulation as defined in the general clauses act, 1897 (10 of 1897), or in the general clauses act of a state(2) the state genocide tribunal may, if it thinks fit in any case pending before it to which the provisions of sub-section (1) do not apply, refer for the decision of the high court any question of law arising in the hearing of such case20(3) the state genocide tribunal making reference to the high court under sub-section(1) or sub-section (2) may, pending decision of the high court thereon, either commit the accused to jail or release him on bail to appear when called upon chapter ix witness protection25witness protection fund53 (1) the central government shall, by notification in the official gazette, constitute a fund for each state to be known as the witness protection fund for implementation of witness protection order passed by the competent authority(2) the witness protection fund shall consist of the following:—30(a) budgetary allocation made in the annual budget by the central governmentor a state government, as the case may be;(b) receipt of amount of fines imposed and ordered to be deposited by the tribunalsin the witness protection fund(c) donations and contributions from international, national, philanthropist,charitable institutions, organisations and private individuals35(3) the fund shall be administered by the registrar general of the high court of the concerned statecategories of witness54 based on the threat levels, witnesses shall be classified into the following categories:—40\| category 'a': \| where the threat extends to life of witness or his family members \|\|------------------------------------------------------------------------------------------\|-----------------------------------------------------------------------\|\| and their normal way of living is affected for a substantial period during investigation \| \|\| trial or even thereafter \| \|\| category 'b': \| where the threat extends to safety, reputation or property of the \|\| witness or his family members only during the investigation process or trial \| \|45\| category 'c': \|\|--------------------------------------------------------------------------------------\|\| intimidation of the witness or his family members, reputation or property during the \|\| investigation process \|55 (1) any person who is a witness or intends to be a witness in any proceeding under this act, shall make an application to the competent authority for obtaining protectionprocedure for obtaining witness protection5(2) the competent authority shall pass an order directing the concerned investigatingofficer to conduct a threat assessment study and submit a report, indicating the level of threat within a period of seven days(3) if the apprehended level of threat is high and imminent, the investigating agency shall provide interim protection to the applicant witness(4) within two days from the receipt of the threat assessment report, the competent authority based on the threat level shall pass a witness protection order10(5) upon any such order according protection to witnesses, passed by the competent authority, the competent authority shall monitor the execution of the order and conduct monthly reviews, the report of which shall be submitted to the state genocide tribunaltypes of protection56 the witness protection order measures ordered shall be proportional to the threatof life and property of the witness and may include the following:—15(a) safeguards to the witness so that he could not come face to face duringinvestigation or trial with the accused;(b) monitoring of mail and telephone calls of witnesses; (c) arrangement with the telephone company to change the telephone number ofwitnesses or assign him an unlisted telephone number;20(d) installation of security devices such as security doors, cctv, alarms, fencingat the residence of witness;(e) concealment of identity of the witness by referring to him with the changedname;(f) emergency contact persons for the witness;25(g) close protection, regular patrolling around the witness's house; (h) temporary change of residence to a relative's house or a nearby town; (i) escort to and from the court and provision of government vehicle or a statefunded conveyance for the date of hearing;(j) holding of in-camera trials;30(k) allowing a support person to remain present during recording of statementand deposition;35(l) usage of specially designed vulnerable witness court rooms which havespecial arrangements like live links, one way mirrors and screens apart from separate passages for witness and accused, with option to modify the image of face of the witness and to modify the audio feed of the witness's voice, so that he is not identifiable;(m) expeditious recording of deposition during trial on day to day basis withoutadjournments;40(n) awarding time to time periodical financial aids/grants to the witness fromwitness protection fund for the purpose of re-location, sustenance or starting new vocation/profession, if desired;(o) any other form of protection measures considered necessary, and specifically, those requested by the witness chapter x miscellaneous\| 57 \| the provisions of this act shall have effect notwithstanding anything inconsistent \|\|---------------------------------------------------------------------------------------\|---------------------------------------------------------------------------------------\|\| therewith contained in any other law for the time being in force \| \|\| act to have \| \|\| overriding \| \|\| effect \| \|\| application of \| \|\| act 2 of 1974 \| \|\| 1 of 1872 \| \|\| 5 \| \|\| 58 \| except wherein specific procedure is provided for in this act, the provisions of \|\| the code of criminal procedure, 1973 and the indian evidence act, 1872 shall apply to \| \|\| this act \| \|\| power to make \| \|\| rules \| \|\| 59 \| ( \|\| for carrying out the purposes of this act \| \|10 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 reasonsthe convention on the prevention and punishment for the crime of genocide, 1948was the first international effort which recognized genocide as a crime against humanity and aimed at ensuring that the horrors of the holocaust of the jews, should not be repeated anywhere else in the world however, due to lack of concerted efforts and ignorance of nation states, the world witnessed some of the worst genocides in human historyindia signed the convention on the prevention and punishment for the crime of genocide, 1948 on 29th november, 1949 and ratified the convention ten years later on 27th august, 1959 however, no concrete steps were taken to enact a legislation concerning addressing the issue india too fell prey to this menace, and witnessed some of the worst crimes perpetrated in indian history, which qualifies as genocide under the convention what is appalling is that we still did not learn our lessons well india conveniently refused to sign the international treaty which led to the establishment of the international criminal court at geneva, which was established to prosecute perpetrators of crimes against humanity due to the lack of any specific legislation on genocide, and our unfulfilled international obligations, these crimes were not adequately punished in such circumstances, the need for a strong legislation on genocide becomes more pressingthe proposed bill seeks to achieve the objectives by—(i) defining the term genocide and stringent punishment for the offence of genocide;(ii) establishing of centre for research to prevent genocide to provide early warning of possible genocides;(iii) setting up of genocide tribunal in each state and a national genocide appellate tribunal; and(iv) providing a comprehensive witness protection programmehence, this billnew delhi;kirti azaddecember 11, 2015 financial memorandumclause 16 of the bill provides for establishment of a centre for research to prevent genocide clause 18 provides for appointment of officers and staff to the centre clause 21 provides for establishment of genocide tribunal clause 27 provides for salary, allowances and other terms and conditions of services of chairperson and judicial member of the tribunal clause 33 provides for recruitment of officers and employees of tribunal clause 34 provides for establishment of national genocide appellate tribunal clause 40 provides for salary, allowances and other terms and conditions of services of chairperson and judicial member of the appellate tribunal clause 53 provides for constitution of witness protection fund the bill, therefore, if enacted, would involve expenditure from the consolidated found of india it is estimated that recurring expenditure of about rupees seven hundred crore would involved per annuma non-recurring expenditure of about rupees four thousand crore is likely to be involved memorandum regarding delegated legislationclause 59 of the bill empowers the central government to make rules for carrying out the provisions of this act as the rules will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character———— a billestablish a mechanism for prevention and punishment for the crime of genocide and for matters connected therewith————(shri kirti azad, mp)gmgipmrnd—4179ls(s3)—12022016	Parliament_bills	5e84ebe7-a0bd-57e2-99f4-184c424e5d6a
the indian lighthouse (amendment) bill, 1959(as in'i1wdtjced in lok sabra on 9111 march, 1959) the indian lighthouse (amendment) bill, 1959 (as introduced in lok sabra) a billfurther to amend the indian lighthouse act, 1927 be it enacted by parliament in the tenth year of the republic of india all follows:-1 this act may be called the indian lighthouse (amendment) shott title act, 1959 1927, 2 in sub-section (1) of section 10 of the indian lighthouse act, amen~~t 1927, for the words "four annas", the words "fifty naye paise" shall be of aecuod 10" 6ubstituted statement of objects and reasonssection 10 (1) of the indian lighthouse act, 1927 (17 of 1927), empowers the central government, by notification in the official gazette, to prescribe rates, not exceeding four annas per ton, at which light-dues shall be payable by ships arriving at or departing from ports in india the rate now prescribed under that section is four annas per ton the existing maximum lim't of four annas per ton is not adequate for the services rendered and for the improvement and development of lighthouses the bill therefore proposes to increase the maximum limit to fifty naye paise per ton new delhi; the 28th february, 1959 s k patil annexure extract from the indian lighthouse act, 1927- (17 of 1927) - - - 10 (1) the central government may, by notification in the om- ~~~ue of cia! gazette, prescribe rates, not exceed;ng four annas per ton, at leviable which light-dues shall be payable, and may prescribe different rates for different classes of ships, or for ships of the same class when in use for different purposes or in different circumstances - - - a bill further to amend the indian lighthouse act, 1927 • (shn s k patll, minister of transport and communications, ) gipd-lsi-zosi (8) l5-6-3-s9-i075	Parliament_bills	3defd5de-5d1c-535a-856d-9001cf157e22
bill no 21 of 2022 the constitution (scheduled tribes) order (amendment) bill, 2022 a billfurther to amend the constitution (scheduled tribes) order, 1950 for inclusion of certain community in the list of scheduled tribes in relation to the state of tripurabe it enacted by parliament in the seventy-third year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled tribes) order (amendment)act, 2022co 2252 in the constitution (scheduled tribes) order, 1950, in the schedule, in part xv—tripura, in entry 9, after item (iii), the following item shall be inserted, namely:—''(iiia) darlong''amendment of constitution (scheduled tribes) order, 1950 statement of objects and reasonsscheduled tribes have been defined in clause (25) of article 366 of the constitution as"such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of this constitution"2 article 342 of the constitution provides as under:—"342 scheduled tribes—(1) the president may with respect to any state or union territory, and where it is a state, after consultation with the governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this constitution be deemed to be scheduled tribes in relation to that state or union territory, as the case may be(2) parliament may by law include in or exclude from the list of scheduled tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification" 3 according to the provisions of article 342 of the constitution, the first list of the scheduled tribes was notified during the year 1950 in respect of various states and union territories, vide the constitution (scheduled tribes) order, 1950 this list was modified from time to time list of scheduled tribes of the state of tripura has been modified, vide, the constitution scheduled castes and scheduled tribes orders (amendment) act, 2002 (10 of 2003) the state government of tripura has requested to include "darlong" community as a sub-tribe of "kuki" in entry 9 in the list of scheduled tribes in respect of state of tripura4 on the basis of recommendation of the state government of tripura, it is proposed to modify the list of scheduled tribes in respect of state of tripura by amending the constitution (scheduled tribes) order, 19505 the constitution (scheduled tribes) order (amendment) bill, 2022 proposes to amend part xv—tripura of the schedule to the constitution (scheduled tribes) order, 1950 to insert "darlong" community as a sub-tribe of "kuki" after sub-tribe "(iii) chhalya" in entry 9 in the list of scheduled tribes6 the bill seeks to achieve the aforesaid objectsnew delhi;arjun mundathe 31st january, 2022 financial memorandumthe bill seeks to amend the constitution (scheduled tribes) order, 1950, by amending the list of scheduled tribes in the state of tripura the amendment in the list of scheduled tribes relating to the state of tripura may entail additional expenditure on account of benefits to be provided to the persons belonging to the communities proposed in the bill under the continuing schemes meant for the welfare of the scheduled tribes2 it is not possible to estimate the likely additional expenditure to be incurred on this account at this stage however, the expenditure, if any, shall be accommodated within the approved budgetary outlay of the government———— a billfurther to amend the constitution (scheduled tribes) order, 1950 for inclusion of certain community in the list of scheduled tribes in relation to the state of tripura————	Parliament_bills	6109fc45-0a26-5434-a6c4-8b8c4a065057
bill no 158 of 2017 the public premises (eviction of unauthorised occupants) amendment bill, 2017 a billfurther to amend the public premises (eviction of unauthorised occupants)act, 1971be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the public premises (eviction of unauthorised occupants)amendment act, 2017as clause (fb) and (fc) respectively, and before clause (fb) as so renumbered, the following clause shall be inserted, namely:––5'(fa) "residential accommodation occupation", in relation to any public premises means occupation by any person on grant of licence to him to occupy such premises on the basis of an order of allotment for a fixed tenure or for a period he holds office, in accordance with the rules and instructions issued in this regard, made under the authority of the central government, a state government, a union territory administration or a statutory authority, as the case may be;'insertion of new section 3b103 in the principal act, after section 3a, the following section shall be inserted, namely:—eviction from residentialaccommodation"3b (1) notwithstanding anything contained in section 4 or section 5, if the estate officer has information that any person, who was granted residential accommodation occupation, is in unauthorised occupation of the said residential accommodation, he shall—15(a) forthwith issue notice in writing calling upon such person to showcause within a period of three working days why an order of eviction should not be made;20(b) cause the notice to be served by having it affixed on the outer door orsome other conspicuous part of the said residential accommodation, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been served upon such person25(2) the estate officer shall, after considering the cause, if any, shown by the person on whom the notice is served under sub-section (1) and after making such inquiry as it deems expedient in the circumstances of the case, for reasons to be recorded in writing, make an order of eviction of such person(3) if the person in unauthorised occupation refuses or fails to comply with the order of eviction referred to in sub-section (2), the estate officer may evict such person from the residential accommodation and take possession thereof and may, for that purpose, use such force as may be necessary"30amendmentof section 74 in section 7 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:—35"(3a) if the person in unauthorised occupation of residential accommodation challenges the eviction order passed by the estate officer under sub-section (2) of section 3b in any court, he shall pay damages for every month for the residential accommodation held by him" statement of objects and reasonsthe public premises (eviction of unauthorised occupants) act, 1971 (the said act), was enacted to provide for eviction of unauthorised occupants from public premises and for certain incidental matters2 government of india provides residential accommodation to its employees, members of parliament and other dignitaries while they are in service or till the term of their office on licence basis as per the existing allotment rules, after the expiry of the terms and conditions of the licence, the occupants of such residential accommodations become unauthorised for staying in such accommodation and should vacate the same the said act, confers powers upon the estate officers to evict such unauthorised occupants from "public premises" in a smooth, speedy and time-bound manner under the existing provisions, the eviction proceedings of unauthorised occupants from "public premises" take around five to seven weeks time it may take around four more weeks if the unauthorised occupants file appeal under the said act however, eviction proceedings take much longer period than the timeline prescribed in the said act sometimes, it takes years to evict the unauthorised occupants3 there are provisions for summary eviction proceedings under section 3a of the said act in case of persons occupying "public premises" temporarily, that is, less than thirty days under the summary proceedings, the estate officer does not have to follow elaborate procedure prescribed, for serving notice, show cause, inquiry, and hearing, as per sections 4 and 5 of the act, before passing eviction order however, these summary proceedings are not applicable to the occupants of residential accommodations given on licence basis it is, therefore, proposed to apply summary eviction procedure to residential accommodation given on licence basis with a short show cause notice of three days to the unauthorised occupants by inserting new section 3b it is also proposed to define the term "residential accommodation occupation" by amending section 24 it is often seen that the unauthorised occupants do not vacate the government accommodation on expiry of the terms and conditions of the licence as per the rules and uses dilatory tactics to withhold the accommodation, by challenging the eviction order before an appellate officer or before the high court and by obtaining stay of the eviction order in order to check this delay, it is also proposed to insert a new sub-section (3a) in section 7 of the act to the effect that if the person challenges the eviction order passed by the estate officer in any court, he has to pay the damages for every month for the residential accommodation held by him5 these amendments would facilitate smooth and speedy eviction of unauthorised occupants from residential accommodations, and ensure retrieval of the residential accommodation from the unauthorised occupants without requiring elaborate procedures under sections 4 and 5 of the said act this will further increase availability of residential accommodations to new incumbents and improve the overall satisfaction level6 the bill seeks to achieve the above objectivesnew delhi;narendra singh tomarthe 21st july, 2017 lok sabha———— a billfurther to amend the public premises (eviction of unauthorised occupants)act, 1971————(shri narendra singh tomar, minister of housing and urban affairs)gmgipmrnd—1467ls(s3)—26-07-2017	Parliament_bills	4860842b-1eb8-5bb0-bac2-d9d01989e432
bill no 97 of 2012 the prevention of bribery in private sector bill, 2012 byshri varun gandhi, mp a billto establish bribery as a criminal offence and to promote effective practices to prevent bribery in private sector and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the prevention of bribery in private sector act, 2012(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "bribe" includes facilitation payments, directly or through third parties, gift, hospitality and expenses which may or perceive to affect the outcome of business transactions, which are not reasonable and bonafide:explanation—the term 'bribe' shall become extortion when the demand of bribe is accompanied by threats that endanger the personal integrity or the life of the person involved, or forced payment of bribe to protect legitimate right or the speed money, for expediting approvals and for providing or not withholding services;(b) "commercial entity" means—5(i) a body incorporated under the laws of india which carries on businessin india or outside india; or(ii) any other body corporate, wherever incorporated, which carries onbusiness, or part of a business, in india; or10(iii) a partnership formed under the law in india which carries on businessin india or outside india; or(iv) any other partnership, wherever formed, which carries on business, orpart of a business, in india:explanation—the term 'business' includes any trade, profession, commerce or manufacture;15(c) 'confiscation' means the permanent deprivation of property by order of a court or other competent authority and also includes forfeiture;20(d) 'foreign public official' means any person holding a legislative, executive, administrative or judicial office of a foreign country, whether appointed or elected as permanent or temporary, paid or unpaid or any person performing a public function or a public service for a foreign country;2521 of 1860 2 of 1882(e) 'non-governmental organisation' means a body incorporated under the laws in india or any other body corporate, wherever incorporated which carries on its charitable or religious activities in india, any society registered under the societies registration act, 1860; a trust registered under the indian trusts act, 1882 or association of persons which carries on its charitable or religious activities in india and includes community based organisations;43 of 1961explanation—the term 'charitable or religious activities' means activities as defined in sub-section (15) of section 2 of the income tax act, 1961:(f) 'person' includes—30(i) an individual; (ii) a company; (iii) a firm; (iv) a society; (v) a trust;35(vi) a hindu undivided family (huf);(vii) an association of persons or a body of individuals, whether incorporated or not;(viii) limited liability partnership;40(ix) every artificial juridical person not falling within any of the preceding sub-clauses; and(x) any agency, office or branch owned or controlled by such person;(g) 'prescribed' means prescribed by rules made under this act; (h) 'proceeds of crime' means any property derived or obtained, directly or indirectly through the commission of offence under this act; and(i) 'property' means assets of every kind, whether corporeal or incorporeal,movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assetsbribery in the private sector53 (1) a person shall be guilty of committing an offence of giving bribe, when committedintentionally in the course of economic, financial or commercial activities when it is established that there is a promise, offering or giving, directly or indirectly, of an undue advantage to any person who directs or works, in any capacity, for a commercial entity, for the person himself or for another person, in order that he in breach of his duties, acts or refrains from acting in certain matters10(2) a person shall be guilty of committing an offence of receiving bribe, when committedintentionally in the course of economic, financial or commercial activities when it is established that there is solicitation or acceptance, directly or indirectly, of an undue advantage by any person who directs or works, in any capacity, for a commercial entity, for the person himself or for another person, in order that he in breach of his duties, acts or refrains from acting in certain matters15offence ofbribery offoreign public officials204 a person shall be guilty of committing an offence of bribery to a foreign publicofficials, when committed intentionally in the conduct of international business, when it is established that there is an offer, promise or giving any undue pecuniary or other advantage, whether directly or through an intermediary, to a foreign public official, for that official or for a third party, in order that the official acts or refrains from acting in relation to the performance of official duties, in order to obtain or retain business or other improper advantageexplanation—for the purpose of this section, offence of bribery of foreign public officials includes complicity, incitement, aiding, abetting and authorization of an act of bribery of a foreign public official or an attempt and conspiracy to bribe a foreign public official255 (1) any person, who in any capacity abets or aids or instigates another person tocommit an offence under sections 3 or 4 shall be deemed to be guilty of offence under that section(2) any person, who attempts to commit an offence under sections 3 or 4 shall bedeemed to be guilty of an offence under that sectionabet, aid or instigate another person to commit an offence of bribery306 a commercial entity shall be guilty of committing an offence under this section if aperson associated with it, bribes another person intending—offence ofbribing byc o m m e r c i a l entity(i) to obtain or retain business for the commercial entity, or (ii) to obtain or retain an advantage in the conduct of business for the commercialentity:35provided that the commercial entity may in defence prove that it has in place adequateprocedures, as may be prescribed, designed to prevent persons associated with it from undertaking such conduct7 a non-governmental organisation shall be guilty of committing an offence underthis section if a person associated with it, bribes another person intending—(i) to obtain or retain assets, grants for the non-governmental organization; or40offence of bribery by nongovernmental organisation(ii) to obtain or retain an advantage in the conduct of its charitable activities:provided that the commercial entity may in defence prove that it has in place adequateprocedures, as may be prescribed, designed to prevent persons associated with it from undertaking such conduct45offence ofbribery bycompany8 (1) where a company contravenes any provision of this act, every person who, atthe time when contravention was committed, was in charge of or was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of offence and be punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised due diligence to prevent such contravention5(2) notwithstanding anything contained in sub-section (1), where any contravention has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of committing contravention and shall be liable to be proceeded against and punished accordingly10explanation—for the purposes of this section,—(i) 'company' means anybody corporate and includes a firm, society, trust, limited liability partnership or other association of persons; and(ii) 'director' in relation to a firm means a partner of the firm and in relation to a trust means trustee of the trustpenalties159 (1) an individual guilty of an offence under sections 3 or 4 shall be liable on the firstoffence, for imprisonment for a term not exceeding five years or to a fine not exceeding rupees three lakh or both and for second or subsequent contravention, for imprisonment for a term not exceeding ten years or to a fine not less than rupees five lakh or both20(2) any other person guilty of an offence under sections 3 or 4 shall be liable on thefirst offence, to a fine not exceeding rupees two lakh and for second or subsequent contravention, to a fine not less than rupees three lakh(3) a person guilty of an offence under section 5 is liable on conviction to a fine notmore than rupees one lakh25confiscation of proceeds of crime10 (1) on conviction of a person the proceeds of crime derived from or involved inoffences under sections 3 or 4, or the property the value of which corresponds to that of such proceeds shall be confiscated(2) if proceeds of crime have been transformed or converted, by the person in part orin full, into other property, such property shall be liable to be confiscated30(3) if proceeds of crime have been intermingled by the person with property acquiredfrom legitimate sources, such property shall be liable to be confiscated up to the assessedvalue of the intermingled proceeds(4) income or other benefits derived by any person from such proceeds of crime, from property into which such proceeds of crime have been transformed or converted or from property with which such proceeds of crime have been intermingled shall also be liable to confiscated in the same manner and to the same extent as proceeds of crime35(5) for the purpose of this section, notwithstanding any rights or privilege provided through any other act or by an agreement between the parties, the adjudicating authority shall have authority to order any bank, financial institution, financial intermediary or commercial entity to provide information, seize or produce records, freeze accounts and remit the proceeds of crime to the designated account40(6) the proceeds of crime confiscated under this act shall vest in the central governmentpower to appoint special judges11 (1) the central government, shall, by notification in the official gazette, appointsuch number of special judges as may be necessary to try the offences punishable under this act452 of 1974(2) a person shall not be qualified for appointment as a special judge under this act unless he is or has been a sessions judge or an additional sessions judge under the code of criminal procedures, 19732 of 1974(3) a special judge shall follow the procedure prescribed by the code of criminalprocedure, 1973 for the trial(4) a special judge, while trying an offence punishable under this act shall exerciseall the powers and functions exercisable by a district judge5appeal and revision2 of 197412 subject to the provisions of this act, the high court may exercise, so far asapplicable, all the powers of appeal and revision conferred by the code of criminal procedure, 1973 on a high court as if the court of special judge was a court of session trying cases within the local limits of the high court10protection of witnesses and reporting persons13 (1) the central government shall take appropriate steps to provide effectiveprotection from potential retaliation or intimidation to witnesses, reporting persons and experts who give testimony concerning offences established under the act and to their relatives(2) the central government shall establish procedures for the physical protection ofsuch witnesses and reporting persons and for non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of such persons15(3) the provisions of the sub-sections (1) and (2) shall also apply to victims in so far as they are witnesses(4) in cases of extortion bribe, if the bribe giver files a complaint, he shall be protectedunder this clause as a whistleblower:provided that this protection shall not be made available in case of speed money2014 (1) the commercial entities shall make adequate procedures, as may be prescribed,designed to prevent persons associated with it from undertaking briberyprevention of bribery by commercial entity(2) the procedures shall provide for commercial entities to establish and ensure the effectiveness of internal controls, ethics and compliance measures for preventing and detecting bribery and shall inter alia, include,—25(i) a clearly articulated and visible policy prohibiting bribery; (ii) instructions for strict compliance with the policy at all levels of the entity; (iii) appropriate disciplinary procedures to address violation of the proceduresat all levels of the entity;(iv) setting up of independent monitoring body;30(v) oversight of ethics and compliance measures and reporting to theindependent monitoring body;35(vi) ensuring applicability of the policy and procedures to third parties such asagents, intermediaries, consultants, representatives, distributors, partners, contractors, advisors, suppliers, associates, subsidiaries and joint venture partners and seeking commitment from such third parties to adhere to policy prohibiting bribery;(vii) measures for periodic communication and training at all levels of the entityof laws against bribery and entity's policy against bribery; and(viii) putting in place an appropriate whistleblower mechanism including rewardsfor reporting and protection of the whistleblowers4015 (1) the banks, financial institutions and other financial intermediaries shall takereasonable steps to determine the identity of beneficial owners of funds deposited into the accounts of such customers in such manner as may be prescribedprevention and detection of proceeds of crime45(2) the banks, financial institutions and other financial intermediaries shall maintainrecord of beneficial owners under sub-section (1) and shall provide such information asand when required by the adjudication authorities16 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force in relation to any of the matters provided under this actprovision of the act not in derogation of any other law for the time being in force power to make rules17 (1) the central government shall, by notification in the official gazette, make rules to carry out the provisions of this act510(2) every rule make 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 problem of bribery has assumed alarming proportions it is estimated that a significant proportion of our gross domestic product is lost on account of this widespread corruption in offices of public and private sector therefore, bribery not only hurts the psyche of the people but it also hurts the economic growth moreover, the problem is more hurting to the poor as they are the most vulnerable section of the societybribery by the government officials is only one part of the issue bribery is also rampant in private sector there is dearth of laws to address the issue of bribery in private sector the bill seeks to provide a legislative framework to resolve the issue the bill also seeks to provide for a witness protection programme to be implemented by the governmenthence this billnew delhi;varun gandhijuly 7, 2012 financial memorandumclause 11 of the bill provides for appointment of special judges to try the offences under this act the bill, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees one hundred crore from the consolidated fund of indiaa non-recurring expenditure of about rupees forty crore is also likely to be involved memorandum regarding delegated legislationclause 17 of the bill empowers the central government to make rules for carrying out the purposes of this bill since the rules will relate to matters of detail only, the delegation of legislation power is of a normal character———— a billto establish bribery as a criminal offence and to promote effective practices to prevent bribery in private sector and for matters connected therewith or incidental thereto————mgipmrnd—2557ls(s3)—30082012	Parliament_bills	05b6dd84-4403-5e69-87e5-95247f06cf16
the constitution (scheduled tribes) order amendment bill, 2006 a billfurther to amend the constitution (scheduled tribes) order, 1950 to modify the list of scheduled tribes in the state of bihar be it enacted by parliament in the fifty-seventh year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled tribes) order amendment act,20062 in the constitution (scheduled tribes) order, 1950, as amended by the scheduled castes and scheduled tribes order (amendment) act, 1976, in the schedule, in part iii relating to bihar, for item 22 (since renumbered as item 21), as appearing in the hindi version of the said act, the following shall be substituted, namely:—108 of 1976 1st october, 1979)"21 lohara, lohra"amendment of the constitution (scheduled tribes) order, 1950, as amended by the scheduled castes and scheduled tribes order (amendment) act, 1976 statement of objects and reasonsthe scheduled castes and the scheduled tribes order (amendment) act, 1976 (108of 1976) made certain amendments in the constitution (scheduled tribes) order, 1950 prior to this amendment, item 20 of the list of scheduled tribes in the state of bihar stood as "lohara or lohra" subsequently, on account of the passing of the scheduled castes and the scheduled tribes order (amendment) act, 1976, item 20 underwent change, wherein "lohara, lohra" appeared at item 22 inadvertently, the word "lohara" appearing in the english version was misspelt as "yksgkj" in the hindi version of the said amendment act2 due to this misspelt word, there has been consistent attempt by lohar (yksgkj ) in bihar, who fall under the category of other backward classes, to be treated as the scheduled tribe and to obtain the constitutional benefits meant for genuine scheduled tribes by taking benefit of the hindi version of item 22 "yksgkj" occurring in the hindi version of the said amendment act of 1976 it may be added that "lohar" is a distinct group and can not be treated as identical to "lohara, lohra" it has, therefore, become necessary to amend the hindi version of the scheduled castes and scheduled tribes order (amendment) act,1976 so as to rectify the error occurred in item 22 by substituting the word "yksgkjk" in place of the existing word "yksgkj"3 the bill seeks to achieve the aforesaid objectivep r kyndiahnew delhi;the 18th july, 2006 rajya sabha———— a billfurther to amend the constitution (scheduled tribes) order, 1950 to modify the list of scheduled tribes in the state of bihar————(shri pr kyndiah, minister of tribal affairs and development of north eastern region)mgipmrnd—1698rs—27-07-2006	Parliament_bills	9e37ae04-3d32-551b-8d56-b1991c980a73
thb goa, dal1ij~ a1\jd diu (jpi:-jion poll) bill, 1966 (to be/as introduced in lok §abha) 1 page 3, line '1 2,-after "elector of" i::sdrt "the" 2 page 6, line 22,-for "hour" read "hours" 3 page 6, line 37,-~ ''hour'' read ''hours'' 4 page 7, line 7,-for "provisions" !:us "the prov1~1ons~~ 5 p "7 1" '1'1'''' ,' ,,\ ,',', - age , ~ne ,-",,' ':"~''','' i ' ':""'~:~i,~'~i'!"~'k' '"""/i~'~tcft,:;ii~'je;::i,,~~·a~ tr~bt;~~''_~~~~~;·'" ""'i,,,,~ i ";;i\_~+ ~ \-, - i' 6 page 8, line 32,-" aft,er "vot'es" omit 'i shall " 7 page 10, line 8,-fqr /land orders" na!l "or orders!' 8 page 13, line 1,-for "recomm~jmtionsn ~ j'recomm'dndationu 9 page 14, line 9,-qfter "goa" for "," r~32d nand" 10 - p ag e 14, 1 in e 1 6 , -fe!: "vehiclec" read "vehicles" i~3\01 nmhi; november 18, 1966 kartika 27, 1888 (saka) the goa, daman and diu (opinion poll) bill, 1966 arrangement of clausesclausj!3 1 short title and commencement 2 definitions 3 opinion poll to ascertain the future status of goa, damn and diu 4 5 6 7 8 '" 9 10 11 12 13 14 persons entitled to vote at opinion poll conduct of opinion poll under the superintendence, direction and control of chief election commissioner opinion poll commissioner assistant opinion poll commissioners opinion poll commissioner to include assistant opinion poll eommissioners performing the functions of opinion poll commissioner general duty of opinion poll commissioner provision of polling stations appointment of presiding officers for polling stations general duty of presiding officer duty of a polling officer staff of every local authority to be made available for work in connection with opinion pou 15 notification for opinion poll 16 fixing time for opinion poll 17 adjournment of opinion poll in emergencies 18 fresh opinion poll in case of destruction, etc, of ballot boxes 19 manner of voting at opinion poll 20 special procedure for voting by certain classes of persons 21 special procedure for preventing personation of elector~ clal1sis22 voting at an opinion poll counting of votes 23 s 25 26 ~atructiod,loss, etc, of ballot papers at the time of counting detjarqtiqn of results report of the result 27 28 29 30 offences at opinion poll fresh opinion poll in case of extensive prevalence of offences referred 'tb""'i11'sectioll 27 other electoral offences :j application of certain provisions of act 43 of 1951 delegation of functiolls 01: chief e~oli' 'cmmrttssionl!1"~ power to make rules 31 32 ~saictttm of emf coutts barrett removal of difficulties 34 but no 81 01 i", 51' g,,! 4:,;; '(j a billto prov~e for the t~kitvg of all opinion poll to ~ertai" tj&e wilhft of the electors of goa, daman and diu with regard to the ~",rc status thereof and for matters connected therewith ~ it enacted by parliament in the seventeenth yeart of the republic of india as follows:- 1 (1) this act may be called the g~, d8iil1plawl :qui ~(~inlon short title poll) ac;t, 1966 i and comm8dce-5 (z)~it shall come int()'force on such date 'as thec~dtral'~~ ment mejlt may, by notification' in the oftlcial gazette appolflt,1 and ·duferent dates may be appointed for different provisions of··this ·aet~ 2 in this act, unless the context otherwise requires,-defini_ tions (a) "administrator" means the administrator of the union territory of goa, daman and diu, appointed by the president under article 239 of the constitution; (b) "chief election commissioner" means the chief election s commissioner appointed by the president under article 324 of the constitution; (c) "daman" means the area comprised in the daman assembly constituency; (d) "diu" means the area comprised in the diu assembly 10 constituency; (e) "elector" means-(i) in relation to goa, a person whose name is entered in the electoral roll of an assembly constituency for the time being in force in goa; and is (ii) in relation to daman and diu, a person whose name is entered in the electoral roll of an assembly constituency for the time being in force either in daman or in diu; ' -' (f) "goa'" m:eans the area comprised in the assembly constitue~:aies o( th~ union territory other than the areas comprised 20 in the daman assembly cpnstituency and the diu assembly constituency; (g) "opinion poll" means a poll taken to ascertain the wishes of the electors in pursuance of the provisions of this act; (h) "prescribed" means prescribed by rules made under this 2' act; (i) "union territory" means the union territory of goa, daman and diu; - j cl') all other words and expressions used but not defined in this act and defined in the representation of the people act, 30 1950 or, as the case may be, in the representation of the people 43 of iho act, 1951 shall have the meanings respectively assigned to them 43 of 1951 in those acts 3 an opinion peil shall be taken for the purpose of ascertaining-(a) the wishes of the electori of goa as to whether goa should merge in the state of maharashtra or should continue to be union territory; s opinion poll to ascertain the future status of goa, daman and diu (b) the wishes of ·the electors of daman and diu as to whether daman and diu should merge in the state of gujarnt or should continue to be union territory 4 subject to the provisions of section 22-persons entitled (a) every elector of an assembly constituency m goa, and tovoteal 10 no other person, shall be entitled to vote at the opinion poll taken opinion in relation to goa; poll (b) every elector of daman assembly constituency and the diu assembly constituency and do other person, shall be entitled to vote at the opinion poll taken in relation to daman and diu is 5 the opinion poll shall be conducted under the superintendence, conduct direction and control of the chief election commissioner c::pinion poll under the superintendence, direction and control of chief election commissioner opinion poll commissioner & the chief election commiaaioner shall designate or nominate one' opinion poll commissioner in relation to the opinion poll in goa and one opinion poll commissioner in relation to the opinion poll in 20 daman and diu and each such opinion poll commissioner shall be an officer of government 7 (1) the chief election commissioner may appoint one or more assistant persons to assist the opinion poll commissioner in the performance opinion of his functions, and every such person shall be an officer of govern- poh com-- missioners 2, ment and shall be called an 8ssistadt pod commissioner (2) every assistant opinion poll commisstoner shall, sabjed to the control of the opinion poll commimioder, be competeat to perform all or any of the functions of the opinion poll commiuioner opi~oa· poucpmmilj8ioner to include a baferences in this act to the opinion poll commissioner shall, unless the context otherwise requires, be deemed to include an assis tant opinion poll commissioner performing any function which he is competent to perform under sub-section (2) of section 7 assis~t opinion pollc~missioners performing the functions of -op~od poll commissioner· • itlshnl:(~ltke)genemudu~tof tjae opinion poll conunissioner 5 ) general duty of opinion poll com_ tqr4~:all suqh act~ and,~things as may be necessary! for' ei!eotually conwjcpj)g; the, i qpijl~on· poll in the manner provided· in this act and the rules or orders made thereunder mis~j: provw~ of polling sta~ 10 the opinion poll commissioner of goa and the opinion poll commissioner of daman and diu shall, with the previous approval of the 10 chief election commissioner provide a sufficient number of polling stations re5pectively for goa and for daman and diu and shall publish, in such manner as the chief election commissioner may direct, a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided is appeint 11 (1) the opinion poll commissioner of goa and the opinion poll men~ ~f-'- commissioner of daman and diu s~n appoint a pretidiolomcet" r pmresulil}sr each· polimg station respectively in goa and in damao and diu and o eers om ffi h· ii for polling s~h pollmg ecor or 0 eers as t e opmlon po colddllssoner constations ceme~thinks necessary, but he shall not appoint any person who has 20 been eaaployeti,by, or on behalf· of, or has been otherwise workingjor, any political party: provided that if a polling omcer is absent from the pqljing statwo, the presiding ofticer ma~ appoint any pel'sc)n who is pj;esent at the pojhng station other than a ,person who has- been employed by, or -25 on behalf of, or has been otherwise working for, any political party to be a polling officer during the absence of the former officer, and inform the opinion poll commissioner concerned accordingly: ~wefl ,twl tlult· d~tlliag in· this su seetion shall prevent the opinion potl~ isner froid appeidtidg the same person to be the 30 presiding olicer' for more than one polling station in the sa~ premises (2) apelling ,&fficer shall, if so directed,by the presiding eticer, perform '811 or any of the fundions of the presiding officer under this s act-and-any rules or orders made thereunder (3) if the presididg officer, owing to illness or other unavoidable cause,is obliged to ·absent himself frem the polling,station, his func~ tions sltall be performei by such polling offiter asbas been previously authorised by the opinion poll commissioner to perform suc~ f~c~ 10 tiods during any such absence (4) references in this act to the presiding omcer sball, unlessl the ~~n~~x~ oth~rwise r~quires,' be deemed to include, any' penon perform ilig any functions which' he is 'directed or authorised'to penorm weier ~uh-sectf()n (2) or' su b:~ttirin (3) l as the case may' be r [5 : 12" it shail be th'e'g~n'eral'duty of the presiding 'offi'celr at a' 'polling general station to keep order thereat' and to see that' the~opjnibu poll' is ,fairly dut~ o! tak· presiding en officer 13 it' shall be the duty of the polling officers at a po1ling station duty of a toassi'st the presiding offi~er for such station in the performance of polling 20 'lifs' functions' \ "r' 1 " " ' officer 14 every local authority in the union' territory sliall~ when so ~ sf, req~emm,rbyr the'~i~wmcemm;s&ioouro,'the ~ion pon eftlf· ,, ~~i9percomemed, uavailawe tosuch opinion poll commis- joc:!, ~h,sfdawd8y, ~decllissarytin theperiermanceofl8llf duties :,be n~: zs ja{,ogqectiod with the opi~ pod made ::~ available for work in connec tionwitb opinion poll 15 the president shall, in consultation with the chief election notifica-commissioner, by notification published in the gazette of india fix tion for the date or dates on which an opinion pon shall be taken in secor op~on dance with the provisions of this act and the rules or orders maae po 30 thereunder in relation to goa or ae; the case mav be daman and diu rt6 the chief e>iection commissioner shall fix the hours ~uring f'lxing whith th~ opinion poll will· ~ taken: and, the hours so·bed shall be t~e for nublished in such manner' as may be prescribed: opini ll on ~ po provided that the total period allotted on anyone day for polung at an opinion poll shall not be less than eight hours adjournmentof opinion poll in emergencies 17 (1) if, at an opinion poll, the proceedings at any polling station provided under section 10 are interrupted or obstructed by any riot or open violence, or if it is not possible to conduct the poll at any 5 polling station on accmlnt of any natural calamity or any other sufficient cause, the presiding officer for such polling station shall announce an adjournment of the opinion poll to a date to be notified later, and where the opinion poll is so adjourned by a presiding officer, he shall forthwith inform the opinion poll commissioner 10 c'oncerned ' , , 1 '7'~' '!i" "8 !w!w, (2) whenever an opinion poll is adjourned under sub-section (1), the opinion poll commissioner shall immediately report the circumstances to the chief election commissioner and shall, as soon as may be, with the previous approval of the chief election commissioner, 15 appoint the day on which the opinion poll sliall recommence and fix the polling station at which and the hours during which the opinion poll will be taken and shall not count the votes cast at such opinion poll until such adjourned opinion poll shall have been completed (3) in every such case as aforesaid, the opinion poll commissioner 20 shall ndtify, in such manner as the chief election commissioner may direct, the date, place and hour of polling ftxed under sub-section (2) 18 (1) if at any opinion poll,-(a) any ballot box used at a polling station is unlawfully taken ~ut of the custody of the presiding officer or is accidental- 25 'y'or intentionally destroyed or lost, or is damaged or tampered witli, to such an extent, that the result of the opinion pod at that polling station cannot be ascertained, or fresh opinion poll in case of destruction, etc, of ballot boxes (b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station, 30 the opinion poll cominissioner shall forthwith report the matter to the chief election commissioner (2) thereupon, the chief election commissioner shall, after taking all material circumstances into account, either-(a) declare the opinion poll at that poning station to be void, 35 appoint a day and, fix the hours, for taking a fresh opinion poll at that polling station and notify the day so appointed and the hour fq fixed in such 'ni~ilner as he may deem flt, or ' (b) if satisfied that the result of a fresh opinion poll at that polling station will riot; in any way, affect the result of the opinion poll! or that the error or irregularity in procedure is not material, issue such directions to the opinion poll commissioner s as he may deem proper for the further conduct and completion of the opinion poll ,'! ' (3) provisions of this act and the rules or orders made thereunder shall apply to every such fresh opinion poll as they apply to the original opil)ion poil~ , ' ii;': ~ ~ 10 19 at the opintori poll, votes shall be given by ballot in such manner as may b prescribed, and no vote shall be received by proxy , , i - : : i ~ ~ ~ manner of voting at opinion is ' , 1" '('l}ri'~"'i'j " poll 20 wi~ 'prej"'d~ l~ the gejleniity of the provisions containe" special in section 19, 'provision may be made by rules m!"dc unti tit, ,,~, procedure for ernabling-" for voting by certain classes of (a) any of the following persons to give his vote by postal persons ballot, and not in any other manner, at an opinion poll, nainely:-(i) a member of the armed forces of the union or, as the 'case ma,y be, of an armed police force of the union terri tory~to' whom the p~ov~ods of sub·section (3) of section 2,~ /' ~1950 20 ;,ort~~ rep,resentation' of the peop~e'act, 1950, apply;' ' , i· ~ i ; , t,: (ii) a person who is employed under the govemmellt'ot: india in a post outside india; ; - i, '( til)' iifu, '; ~i~ i ~f' 'any: such person as is referred to in subclau~~s (i) and (ii) to whom the provisions of subsedion (6) of the said sec,tion 20 apply; :, (b) any persoil' subjeded to prevellt!"e detention under any law for the time being in force, to give his vote by postal banot, and not in' any other'manner, at an opinion pou, subject to the fulfilment of such requirements as may be specified in those rules may ~ ~de by rules m~de under this act,-50 21 with a view '!o preventing personation of electors, provision special procedure for preventing persona tion of electors (a) for the marking with indelible ink on the tjtutnb ~r'any other' fidger, of' every eleetor who applies for a ballot paper for , the:p1jl'po$e' 'ofi votinll at a polling station before delivery of such , , paper to him; 35 ':" 'f' ~~ fm;(i~ip, ~t1i~jir~ ~l~;:~~~~t ~" to any person for voiidg:atyq polling station,if at·the time such,person appij~~~" \~~i~r he has ake~ 5u(b,~ mar~ i~ his thumb or an1 othe~ fiqger ' " :! 1; i' i' ;' i : ~i' , '!1 b j') [j h no') til j i: ~ ,' ' "' , ; : " '1 t" '-22 (1) no pers'on 'shbll ~oteat an opinio~:;pp»"iji:'·~ wpion ~ territory, if he is subject to any of the disqualifications referred to in voting at an opinion poll section~~o~~~~~tw:t~~~ qf,th:e p~~~,!~~a50-i' :':') '(2) n~'b~rsdi1i~m, r~l(1ak~pirrion poh, '~6te ~b~~i~~on~~,~~~; withstanding that his name may have been registered 'in tlie electorj~ r~r~~~fr ~~pr~n~~ ~~;tf ~s ~r~"s~~~~e, ffl~f!~·~t,yrwl~ smllt~ ltd ~ '~3rnd ~1~glf18aif'~gfe';~~v ~ri' ~p~hi~ftd~)fl¥ fig l:rgoit'iia~~¥lf any prison, w~ether und~r a sentence ~f imp~sonment or ~!ansportatibii 'oti ·oth~twls\ij,\:ot:flslih·ltikra\vful :eustoaydof'tf& tp'ormjl' ,~ - - - 0·· i, , ;'''''~'r "i f, "'! orf ·,;m l~oi i'/01u fll ui)l1'j~~ l1i provided that nothing in this sub-section shall apply-tw{,tip~rsahl , ~~2~~t~it~jl?~eyi~r~!~~u ~?:t~~~~?~,,~~~!~ft111~1yj ~f~h~ ~~e being iii in ior"e i j f --',~":j i;t)l) 'f~j :!~'qu l1f; " ,"j /111 ;,1 '~lll :::ll 1) •• ;\ counting of votes destruction,loss, etc, of ballot papers at the time of counting 24 (1) if, at any time before the counting of votes is completed, arty'b'alldt , rs us~· iat" a 011' station ~re' ~lawfudj taken out of'fim" c~a of'tii~:opbit6h ~p~~ '~f~d~~~et' '~r~'mj~:~~~4entany 2~, or intentionally destroyed or lost' or are"aamagecv'or tampered with, -to such an,ext~ • qat the result·elf ~u·pmm~ pqu a~,that,polling station cannot b~ asce~ained, the opin~"poq ~iqjjjf/,an forthwith ~ ·-th~ mat~f t~,t~ ~,j;j~ ~mpwi""'!: i ' ~ 11/ "~"lij ill ii ~;ii:i·)': '~'d ;;,,~, • i "i;t(~:lll':! (1'h" itl 'ii'iiii,i"u, (2) thereupon, the chief election commissioner shall, after tat 30 ing ~1 ~ate~a,1- ~cumstances into account, ~i~er-:-:-" ,,;1;/ t ,~ (a) direct that the courittiig'orvo~jl~h~f;6e ~~: j~li:eul +h •• na)'l"+ n,t -,11i t¥>n +- l ~ wvj_ a cia 'fj~lqjnmmt ~ r~ ~,,, ,~i "' '",·>!""1ifinojmi y, and fix the :40u~ ·for ·taking a freah·opioigl),p9llm,qat:j1olhng " ~am09-'~'1n~tify)!t~ d~y; ~int~:land:h6'h'"qo!l4xe6 in 35 ~\l~' ~~~~ ~~ ~ ma! deem fit, or ;wid i)) '1;(i·~q lo (t>)1 ill satisfied that, the res\llt of· a fresh· opinion poll ~t tba~ polling· stamontwill' not, in my way ajfect the result of the opiniod poll,· issu,ei such, di~ods to the opinion pqll commii-t sioner as he may ,deem··proper for the resumption and completiqil s of the counting and for the further conduct and completion of the opinion par in relation to which the votes have been coujllted (a): tbe provisioijsjoi this act and any rules or orders made ther~~ under'shailapplyttoevery sueh fresh opinion poll as they apply t01 the original opiriion poll l 10 25~" w~n ,t~, ,c0':l~~~n& of, ymes has been completed, the opinion declara-pqu co~~~joyfi:, shall,: unless otherwise directed by the chief tion of ~ ,r -, el~tion coi]lffijs~io'~~~" ~rth~-ith declare th~ result of the opinion results poll' in' til~ ~ariiler"provided, by' tfiisact~c,)~jhe,r~jes made th~e-("~ under !'"" , , ; ~ i t is 28 as $p~;~,m~y~;~ter the result ,of, the opinion poll has been report d~ ~~ pqll com~sioner shaj) report ,the r~ul~ tp the of the a~ ~i(tqitp~i,clji~tj elec~i0:ll gq~i~io~r, ~ the result administrator shall cause the same to be published in the official :j':" 20 : 21 •• secuoft; '~17l'b~ ,(dealing, with the oifencer· of briberh; seetic:a"olfenees 17w; (dea1idgfwdb! theofiedoe)ofundue'lnftuellcft at elections);; sectiod·~l"bpihiorr 171d (dealing with"tbejoflehce~;of personationatelections), sadiad potl" " 171e (dealing with punishment for bribery) and section 171f (deal-, m~\vhw~~ff6fj1ihdfie"ftuid~e,-,0or;npe~bri)(jlt·f1an ~50f1860 2f·eit!ettow) ~t~ lntfiw~£rcba~'~·apply;i1i:·relatf~n·ta' ail ~ otji!lfonltdtltlakel\itwtae¥~tliis aci'subyect· itfthe ·fouowidg modiftca , tiomt;;naitnhf,l:: ' ",;" : (a) any reference to a candidate shall be omitted; (0) adi' refer~llceto election shall be construed as a reference to opinid,ll poll~ (c) anyreler~c~ to el~toral right shau' be construed as,8 reference'to tjie'rigftt of a person to vote or refrain from voting at an opinion poll '/, -' : ~~!"q";~:~i~"'f'c:'·; 28 (l~ if th~ chief el~ti,!w commissioner, on recei~t of a report fresh j5 fram tfie1bpihiori poli"~ommissjoner' or otherwise, is satisfied tbat the op~d opinion poll taken at any polling station or stations has not been a poll m free one by reason that any of the offences referred to in section 27 has been extensively committed in connection with such poll, he may make a report to the president recommending that a fresh opinion poll be taken at such polling station or stations case of extensive preval_ ence of offences referred to in (2) the president may, after considering the report of the chief 5 ~"~ction 27 election commissioner, direct that a fresh opinion poll shall be taken at such polling station or stations in accordance with the provisions of this act and the rules and orders made thereunder and give such further directions for the com4>letion of the opinion poll as he considers necessary 10 other 43 of 1951 ~ie('toral offences 29 the provisions of sections 125 to 132 and 134 to 136 of· the representation of the people act, 1951, shall, so far as may be apply to an opinion poll as they apply to an election under that act, and any reference in those provisions to-is (a) the chief electoral officer shall be omitted; (b) a returning officer and an assistant returning officer shall be construed as a reference to an opinion poll commissioner and an assistant opinion poll commissioner respectively 30 the provisions of sections 160 to 167 of the representation of the people act, 1951, shall apply, so far as may be, to and in 20 relation to an opinion poll as they apply to and in relation to an election and any reference to the state government in those sections shall be construed as a reference to the administrator application of certain provisions of act 43 of 1951 31 the functions of the chief election commissioner under this act or under the rules made thereunder may, subject to such general 25 or special directions, if any, as may be given by the chief election commissioner in this behalf, be performed also by a deputy election commissiuner or by the secretary to the election commission delegation of functions of chief election commis_ sioner power to make rules 32 (1) the central government may, after consultation with the chief election commissioner, by notification in the official gazette, 30 make rules for carrying out the purposes of this act (2) in particular and without prejudice to the generality of the foregooing power, such rules may provide for all or any of the fo11o\,-ing matters, namely:-(a) the duties of the opinion poll commissioner; 35 (b) the duties of presiding officers and polling officers at polling stations; l: ~ : ' t·: (c) the manner in which votes are to be given both generally and in the case of illiterate voters or voters under physical or other disability and of the persons specified under section 20; (d) the manner of publication of the hours during which the 5 opinion poll will be taken; (e) the procedure as to voting to be followed at an opinion poll to prevent personation of electors; (f) the manner of declaration of the result of the opinion poll; 10 (g) any other matter required to be prescribed by, or provided for by rules under, this act 33 no civil court shall have jurisdiction to question the legality jurisdic-01 any action taken or of any decision given by the chief election tion of commissioner or by the opinion poll commiesioner or by any other civil 15 person appointed under this act in connection with an opinion poll ~= 34 if any difficulty arises in giving effect to the provisions of this remcvaj 01 act, the central government may, by order published in the offi- difficulties cial gazette, do anything not inconsistent with- such provisions which appears to it to be necessary or expedient for the purpose of re-20 moving the difficulty stateme~tbi ;b:e~ts and rlasons{h)a, namiiti 'an~fljiri:wereli&oiistituted'int(f a' ubion· territory with effect from the 20th december, 1961 'k:le~itn~e:assembiyi'and a ,-council of ministers' w~re i oojiuftituted in tbe ,union, turitory in december, 1963 there pa&;been ,a demadcl: f:rod)j~seations of ~~~tr:'mah~r~jrrt~;r~~e'~~!u:b~:::~~i~cir;~p:ed:,;= its continuance as a separate entity with a view to taking ii'debision -oijlltll¥ it"'-tjtti1scoqqsidead~",ti:jijdeerwd vtilhes of the i electors ~f this union territor,~tlljxii:tg1nailnapinicjd pilh,dnijtiw\,question whether the goa area should merge in the adjoining state of m~sbtrarqlt~ddb and' whethell thet ,diailaa ,dol)ilrj areas slfuuld ! " , -- d;lerg~'in, tbe'adjoinitlg"8aiat81oi:igli:jarat or aouy''diisibilll,seek;s to ~ n~saar,-lpmrisioir1dmejtakihg tbe:opinioij poll generauy on the ij~ ,tu[,;he oocrespondililg; "}1s11ij\1isftinipof:;fte "''ljaw:!qq:: iifi'! tlc{ (1 cla~,~~: l?j~tt~~ :~hlj~~m~ow~~ u~e pre~~dent tq" fix the· d~ or , ,,' dat~s on wliicii \ne opldlon d~l~an pertajte~" gi~~~+ l>,l"9vld~s that electdts16f:>~~~~1~hl~0 'v~htu~h1i~ ~lli',¢~" '~~h· 'b~ aattljed"to ~6t~ l~et}ie;'61rfi6h'u-: 'l~j ~f{ i:l31{' r' ,·ih~ ~l~oil~:',"'! ab )1 ,j» ", 'iu, shan'be{e~i;dsru y§le ~p~~~q~~on'poif'~~~~~:;~~3:'~:~ provides that the opinion poll shall be conducted under the superintendence, direction and control of the chief election commissioner clause 27 provides that sectionsl7lb, 171c, 171d, 171e and 171f of the indian penal code relating to the offences of bribery, undue influence and personation, shall apply in relation to the opinion pol1 as they apply in relation to an election similarly, clause 29 provides that certain provisions of the representation of the people act, 1951, relating to other electoral offences shall apply to the opinion poll as they apply to an election under that act the bill also makes provision for the appointment of opinion poll commissioners, assistant opinion poll commissioners, presiding officers, polling officers and for other matters connected with the taking of the poll, the result of the poll being declared after the counting of votes and for the publication of the result in the official gazette new delhi; the 14th november, 1966 y b chavan president's rec~ndat10ns_rit>:'article 117 of , ' "the ,ccl)ntsfilitl'tireion of: -du)ia '-~ , , : 11 ~: )dj ii [j'i i', t\"'t [; (t fcopy'of-letter no f3/j2/fi6sr, dat2d ;ui1l-jn~l'iembel',frl9&filn from shri y b chavan, minister of home affairs to the s~cret~ lok)sabhaj" i:; ''< 'i '" :')2n2'r'''~'1 1,1 '-,,:u,;/) ,l!1:j~itlo the preshtent 'having be-eh informed 61 ih~' stthj~cf thgtt~t--'olfi~ iff bill to'provide'for the nt1{fng of an opinion pon to ascett1iin'the'~~';' of the' '~l~c'tonf 'tlcgoi(, dath11n' and '1jm'witli '1igs'rlf jtdl)tjtei 'f\itucr~'li status ther~fand 'for' matters connected: tm~e'mth;'\~ctlirt~ds1111 the 'consi~raflcm:6f'th~'bfn in·t'fie·lok'silbl\a\tih~er~ at~ml~, ~1~~ ,,>[ of ,the cotts'ffttitibn ';, '! " i ' i;; rl;; '; hd" : if i~l') ''f 'ir-i"· c; ir '1,; ",'!";!"', ~-,q ':/1+ 'if; lor bjil; od[ ,~fluij:j~)g t r 'i:,;i·'~ [', i,i" ',j m: "'''~t,h io :whi" '{d ',:,iqqs i1iw !hirw , , ' , , " :' i , ;, ", c, " j 'il q q t; ',: ~ i i j ~ :; ii u q ! to i ii i ii () ;' -' ""' :')'j:l(jl,l',j, :!il',:l:ui'i 'jlit ~ •• ~ ; \ : j' t', ! ' ' l':" 1 r i i" ' ~~ j'~ , • !'!'~;' ; • ,\hi ')l~ ~ -: f () ~'" '" ; , ,,: d')', : ! r: ,;; 'r q" 1 e q ) i ~ --: 'i j + ~; l ;:; l' ,j ,') ~ , ; 1: ': i ,\ j ')')q <-::)'1 : ~ : (; l i! ci; ~ : j i ] ~ ';': ~; '1;: --j 1 i '! r 11 ~)~rl r )')'iz) ;-,i ,f:dqi ,ti ~l!l!lj'i'ji:) "ii; r1j[','! fwij:j9nno:) oi '(1ijti119j floinu "<:rblci e f r'~{~aul iul>dg 1(1 -:')[)'i\) 'id! 10 'ld rd clau:se 3 of the bill provides for opinion poll being taken in goa, daman and diu clauses 6, 7 and 11 pro\'ide for opinion poll commissioners being designated or nominated and for the appointment of assistant opinion poll commissioners, presiding officers and polling officers clause 14 envisages staff of local authorities being utilised in connection with the poll where necessary under clause 10, the opinion poll commissioners have to pro\·ide sufficient number of polling stations for goa, daman and diu clauses 19, 20 and 21 provide for votes being given by ballot and in certain circumstances, by postal ballot and the use of indelible ink for marking the thumb or any other finger of the elector who applies for the ballot paper sections 160 and 161 of the representation of the people act, 1951, which will apply by virtue of clause 30 to and in relr; tion to the opinion poll as they apply to and in relation to an election, envisage requisitioning of premises vehiclec etc for the purposes of the opinion poll and payment of compensation the provisions mentioned above if enacted and brought into force will involve expenditure from the consolidated fund of india on account of travelling allowance of the officers and staff engaged on the poll, for setting up polling stations, for the printing of ballot papers, purchase of indelible ink and payment of compensation in respect of premises requisitioned the expenditure will be of a nonrecurring nature and in the light of the expenditure incurred in the union territory in connection with th~ elections in 1963 is expected to be of the order of about rupees 3' 9 lakhs memorandum regarding delegated legislationclause 32 read with clauses 9, 11, 19, 20 and 21 of the bill empowers thl? central government to make rules with regard to certain matters the matters in respect of which such rules may be made i:l:':udc, inter alia, the duties of the opinion poll commissioners, the presiding officers and polling officers, the manner in which votes shall be givan, the procedure as to voting at opinion poll to prevent p2rsonation, etc the matters in respect of wh:ch rules may be made are matters of administrative detail and procedure and as such the delegation of legislative power is of a normal character :-'!'),iclq[f!" [la: 'jr-!; 1u ~::: bw; o~· q; :: q c92usb chiw bs~n !:f: 9(!1jsi~ nlt~~1rj'))j f)1r~rl1 rl~:j/ :-:<u :,,~ en j~ :11~mln~:)vo~ lbl;rl~'_) ',rj; 'jbgm 9d '{sen 29iu'i rbi:2 rbat'll 10 jj9qg~j1 ni 21sjjf>m srit 219jl£m 219[[oi2gjmmo~ iioq cioiniqr <'c t c • i9isub 9rlt ,nlj) 1!,;jni 1'~t:ui~cii :':':0"1 !!:->:rlw oi '!~nnfmjfi~:,ls,~,) a!1:r'oq bl1s ~1'j')mo gnibi291q ~cu jn9'l91q (lj iioq non:qo 1c ~rrj;v (,! i;£ s:ub9:0-:rq uu ,n~,v[a sd u£da :)j9 ,cio;1sci021~q 2i9j1sm 91s sbsm sj '{hm 2'3!ll1 c:~:rlw 10 !:9q291 nl 219tjem !ldt 10 ctoitss9l9b 9ch ri~u2 2s bus 9'lub~~:11q bns est9b· s'lijslteinimba·lo 19t:>slsd:> !sanotl s 10 al 1!)woq 'vus121a,1 a ~ 1 lito provide fo: tbe takint: of an opinion poll to ascertain tl:e wishes of the eleetos of goo, daman and diu with regard to the fu'ture sratus thereoi and fo!" matters connected therewith (shn' y b chavan, minister of home affairs)	Parliament_bills	c9e03b88-0983-5cd4-a8b8-01513b6b7b13
bill no 58 of 2017 the integrated goods and services tax bill, 2017——————arrangement of clauses—————— clauses chapter i preliminary1 short title, extent and commencement 2 definitions chapter ii administration3 appointment of officers 4 authorisation of officers of state tax or union territory tax as proper officer incertain circumstances chapter iii levy and collection of tax5 levy and collection6 power to grant exemption from tax chapter iv determination of nature of supply7 inter-state supply 8 intra-state supply 9 supplies in territorial waters chapter v place of supply of goods or services or both10 place of supply of goods other than supply of goods imported into, or exportedfrom india11 place of supply of goods imported into, or exported from india12 place of supply of services where location of supplier and recepient is in india 13 place of supply of services where location of supplier or location of receipient isoutside india14 special provision for payment of tax by a supplier of online information anddatabase access or retrieval services (ii) clauses chapter vi refund of integrated tax to international tourist15 refund of integrated tax paid on supply of goods to tourist leaving india chapter vii zero rated supply16 zero rated supply chapter viii apportionment of tax and settlement of funds17 apportionment of tax and settlement of funds 18 transfer of input tax credit 19 tax wrongfully collected and paid to central government or state government chapter ix miscellaneous20 application of provisions of central goods and services tax act 21 import of services made on or after the appointed day 22 power to make rules 23 power to make regulations 24 laying of rules, regulations and notifications 25 removal of difficultiesbill no 58 of 2017 the integrated goods and services tax bill, 2017 a billto make a provision for levy and collection of tax on inter-state supply of goods or servicesor both by the central government and for matters 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 integrated goods and services tax act, 2017(2) it shall extend to the whole of india except the state of jammu and kashmirshort title, extent and commencement(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint:provided that different dates may be appointed for different provisions of this actdefinitions2 in this act, unless the context otherwise requires,––(1) "central goods and services tax act" means the central goods and services tax act, 2017;5(2) ''central tax" means the tax levied and collected under the central goods and services tax act;10(3) "continuous journey" means a journey for which a single or more than one ticket or invoice is issued at the same time, either by a single supplier of service or through an agent acting on behalf of more than one supplier of service, and which involves no stopover between any of the legs of the journey for which one or more separate tickets or invoices are issuedexplanation––for the purposes of this clause, the term "stopover" means a place where a passenger can disembark either to transfer to another conveyance or break his journey for a certain period in order to resume it at a later point of time;(4) "customs frontiers of india" means the limits of a customs area as defined in section 2 of the customs act, 1962;52 of 196215(5) "export of goods" with its grammatical variations and cognate expressions, means taking goods out of india to a place outside india;(6) "export of services" means the supply of any service when,––(i) the supplier of service is located in india; (ii) the recipient of service is located outside india;20(iii) the place of supply of service is outside india; (iv) the payment for such service has been received by the supplier of service in convertible foreign exchange; and25(v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with explanation 1 in section 8;30(7) "fixed establishment" means a place (other than the registered place of business) which is characterised by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services or to receive and use services for its own needs;(8) "goods and services tax (compensation to states) act" means the goods and services tax (compensation to states) act, 2017;(9) "government" means the central government;35(10) ''import of goods" with its grammatical variations and cognate expressions, means bringing goods into india from a place outside india;(11) ''import of services" means the supply of any service, where––(i) the supplier of service is located outside india; (ii) the recipient of service is located in india; and (iii) the place of supply of service is in india;40(12) "integrated tax" means the integrated goods and services tax levied under this act;45(13) "intermediary" means a broker, an agent or any other person, by whatever name called, who arranges or facilitates the supply of goods or services or both, or securities, between two or more persons, but does not include a person who supplies such goods or services or both or securities on his own account;(14) "location of the recipient of services" means,––(a) where a supply is received at a place of business for which theregistration has been obtained, the location of such place of business;5(b) where a supply is received at a place other than the place of businessfor which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment;(c) where a supply is received at more than one establishment, whetherthe place of business or fixed establishment, the location of the establishment most directly concerned with the receipt of the supply; and10 (d) in absence of such places, the location of the usual place of residenceof the recipient;(15) "location of the supplier of services" means,––(a) where a supply is made from a place of business for which theregistration has been obtained, the location of such place of business;15(b) where a supply is made from a place other than the place of businessfor which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment;20(c) where a supply is made from more than one establishment, whetherthe place of business or fixed establishment, the location of the establishment most directly concerned with the provision of the supply; and(d) in absence of such places, the location of the usual place of residenceof the supplier;25(16) "non-taxable online recipient" means any government, local authority,governmental authority, an individual or any other person not registered and receiving online information and database access or retrieval services in relation to any purpose other than commerce, industry or any other business or profession, located in taxable territoryexplanation––for the purposes of this clause, the expression "governmental authority" means an authority or a board or any other body,––(i) set up by an act of parliament or a state legislature; or30(ii) established by any government,with ninety per cent or more participation by way of equity or control, to carry out any function entrusted to a municipality under article 243w of the constitution;35(17) "online information and database access or retrieval services" meansservices whose delivery is mediated by information technology over the internet or an electronic network and the nature of which renders their supply essentially automated and involving minimal human intervention and impossible to ensure in the absence of information technology and includes electronic services such as,––(i) advertising on the internet;40(ii) providing cloud services; (iii) provision of e-books, movie, music, software and other intangiblesthrough telecommunication networks or internet;(iv) providing data or information, retrievable or otherwise, to any personin electronic form through a computer network;45(v) online supplies of digital content (movies, television shows, musicand the like);(vi) digital data storage; and (vii) online gaming;(18) "output tax", in relation to a taxable person, means the integrated 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;528 of 2005(19) "special economic zone" shall have the same meaning as assigned to it in clause (za) of section 2 of the special economic zones act, 2005;28 of 2005(20) "special economic zone developer" shall have the same meaning as assigned to it in clause (g) of section 2 of the special economic zones act, 2005 and includes an authority as defined in clause (d) and a co-developer as defined in clause (f ) of section 2 of the said act;10(21) "supply" shall have the same meaning as assigned to it in section 7 of the central goods and services tax act;(22) "taxable territory" means the territory to which the provisions of this act apply;(23) "zero-rated supply" shall have the meaning assigned to it in section 16;15(24) words and expressions used and not defined in this act but defined in the central goods and services tax act, the union territory 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 acts;20(25) any reference in this act to a law which is not in force in the state of jammu and kashmir, shall, in relation to that state be construed as a reference to the corresponding law, if any, in force in that state chapter ii administrationappointment of officers3 the board may appoint such central tax officers as it thinks fit for exercising the powers under this act25304 without prejudice to the provisions of this act, the officers appointed under the state goods and services tax act or the union territory goods and services tax act are authorised to be the proper officers for the purposes of this act, subject to such exceptions and conditions as the government shall, on the recommendations of the council, by notification, specifyauthorisation of officers of state tax or union territory tax as proper officer in certain circumstances chapter iii levy and collection of taxlevy and collection355 (1) subject to the provisions of sub-section (2), there shall be levied a tax called the integrated goods and services tax on all inter-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 forty per cent, as may be notified by the government on the recommendations of the council and collected in such manner as may be prescribed and shall be paid by the taxable person:4051 of 1975 52 of 1962provided that the integrated tax on goods imported into india shall be levied and collected in accordance with the provisions of section 3 of the customs tariff act, 1975 on the value as determined under the said act at the point when duties of customs are levied on the said goods under section 12 of the customs act, 196245(2) the integrated 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 government on the recommendations of the council5(3) the government may, on the recommendations of the council, by notification, 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 both(4) the integrated 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 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 both10(5) the government may, on the recommendations of the council, by notification, specify categories of services, the tax on inter-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:15provided 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:20provided further that where an electronic commerce operator does not have a physical presence in the taxable territory and also 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 tax256 (1) where the government is satisfied that it is necessary in the public interest 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 notification30(2) where the 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 leviable35(3) the 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 be40explanation–– 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 determination of nature of supplyinter-state supply457 (1) subject to the provisions of section 10, supply of goods, where the location of the supplier and the place of supply are in––(a) two different states;(b) two different union territories; or (c) a state and a union territory,shall be treated as a supply of goods in the course of inter-state trade or commerce(2) supply of goods imported into the territory of india, till they cross the customs frontiers of india, shall be treated to be a supply of goods in the course of inter-state trade or commerce5(3) subject to the provisions of section 12, supply of services, where the location of the supplier and the place of supply are in––(a) two different states; (b) two different union territories; or (c) a state and a union territory, shall be treated as a supply of services in the course of inter-state trade or commerce10(4) supply of services imported into the territory of india shall be treated to be a supply of services in the course of inter-state trade or commerce(5) supply of goods or services or both,––(a) when the supplier is located in india and the place of supply is outside india;15(b) to or by a special economic zone developer or a special economic zone unit; or(c) in the taxable territory, not being an intra-state supply and not covered elsewhere in this section,20shall be treated to be a supply of goods or services or both in the course of inter-state trade or commerceintra-state supply8 (1) subject to the provisions of section 10, supply of goods where the location of the supplier and the place of supply of goods are in the same state or same union territory shall be treated as intra-state supply:25provided that the following supply of goods shall not be treated as intra-state supply, namely:––(i) supply of goods to or by a special economic zone developer or a special economic zone unit;(ii) goods imported into the territory of india till they cross the customs frontiers of india; or30(iii) supplies made to a tourist referred to in section 15(2) subject to the provisions of section 12, supply of services where the location of the supplier and the place of supply of services are in the same state or same union territory shall be treated as intra-state supply:35provided that the intra-state supply of services shall not include supply of services to or by a special economic zone developer or a special economic zone unitexplanation 1––for the purposes of this act, where a person has,––(i) an establishment in india and any other establishment outside india; (ii) an establishment in a state or union territory and any other establishment outside that state; or40(iii) an establishment in a state or union territory and any other establishment being a business vertical registered within that state or union territory, then such establishments shall be treated as establishments of distinct personsexplanation 2––a person carrying on a business through a branch or an agency or a representational office in any territory shall be treated as having an establishment in that territory9 notwithstanding anything contained in this act,––supplies in territorial waters(a) where the location of the supplier is in the territorial waters, the location of such supplier; or(b) where the place of supply is in the territorial waters, the place of supply,5shall, for the purposes of this act, be deemed to be in the coastal state or union territory where the nearest point of the appropriate baseline is located chapter v place of supply of goods or services or both10 (1) the place of supply of goods, other than supply of goods imported into, or exported from india, shall be as under,––10(a) where the supply involves movement of goods, whether by the supplier or the recipient or by any other person, the place of supply of such goods shall be the location of the goods at the time at which the movement of goods terminates for delivery to the recipient;place of supply of goods otherthan supply ofgoods imported into, or exported from india15 20(b) where the goods are delivered by the supplier to a recipient or any other person on the direction of a third person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to the goods or otherwise, it shall be deemed that the said third person has received the goods and the place of supply of such goods shall be the principal place of business of such person;(c) where the supply does not involve movement of goods, whether by the supplier or the recipient, the place of supply shall be the location of such goods at the time of the delivery to the recipient;25(d) where the goods are assembled or installed at site, the place of supply shall be the place of such installation or assembly;(e) where the goods are supplied on board a conveyance, including a vessel, an aircraft, a train or a motor vehicle, the place of supply shall be the location at which such goods are taken on board30(2) where the place of supply of goods cannot be determined, the place of supply shall be determined in such manner as may be prescribed11 the place of supply of goods,––(a) imported into india shall be the location of the importer; (b) exported from india shall be the location outside indiaplace of supply of goods imported into, or exported from india3512 (1) the provisions of this section shall apply to determine the place of supply of services where the location of supplier of services and the location of the recipient of services is in india(2) the place of supply of services, except the services specified in sub-sections (3)to (14),––place of supply of services where location of supplier and recipient is in india(a) made to a registered person shall be the location of such person; (b) made to any person other than a registered person shall be,––40(i) the location of the recipient where the address on record exists; and (ii) the location of the supplier of services in other cases (3) the place of supply of services,––(a) directly in relation to an immovable property, including services provided by architects, interior decorators, surveyors, engineers and other related experts or45estate agents, any service provided by way of grant of rights to use immovable property or for carrying out or co-ordination of construction work; or (b) by way of lodging accommodation by a hotel, inn, guest house, home stay, club or campsite, by whatever name called, and including a house boat or any other vessel; or5(c) by way of accommodation in any immovable property for organising any marriage or reception or matters related thereto, official, social, cultural, religious or business function including services provided in relation to such function at such property; or(d) any services ancillary to the services referred to in clauses (a), (b) and (c),10shall be the location at which the immovable property or boat or vessel, as the case may be, is located or intended to be located:provided that if the location of the immovable property or boat or vessel is located or intended to be located outside india, the place of supply shall be the location of the recipient15explanation––where the immovable property or boat or vessel is located in more than one state or union territory, the supply of services shall be treated as made in each of the respective states or union territories, in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed20(4) the place of supply of restaurant and catering services, personal grooming, fitness, beauty treatment, health service including cosmetic and plastic surgery shall be the location where the services are actually performed(5) the place of supply of services in relation to training and performance appraisal to,––(a) a registered person, shall be the location of such person;25(b) a person other than a registered person, shall be the location where the services are actually performed30(6) the place of supply of services provided by way of admission to a cultural, artistic, sporting, scientific, educational, entertainment event or amusement park or any other place and services ancillary thereto, shall be the place where the event is actually held or where the park or such other place is located(7) the place of supply of services provided by way of ,—(a) organisation of a cultural, artistic, sporting, scientific, educational or entertainment event including supply of services in relation to a conference, fair, exhibition, celebration or similar events; or35(b) services ancillary to organisation of any of the events or services referred to in clause (a) , or assigning of sponsorship to such events,––(i) to a registered person, shall be the location of such person;40(ii) to a person other than a registered person, shall be the place wherethe event is actually held and if the event is held outside india, the place of supply shall be the location of the recipient45explanation––where the event is held in more than one state or union territory and a consolidated amount is charged for supply of services relating to such event, the place of supply of such services shall be taken as being in each of the respective states or union territories in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed(8) the place of supply of services by way of transportation of goods, including by mail or courier to,––(a) a registered person, shall be the location of such person;5(b) a person other than a registered person, shall be the location at which suchgoods are handed over for their transportation(9) the place of supply of passenger transportation service to,—(a) a registered person, shall be the location of such person; (b) a person other than a registered person, shall be the place where the passenger embarks on the conveyance for a continuous journey:10provided that where the right to passage is given for future use and the point ofembarkation is not known at the time of issue of right to passage, the place of supply of such service shall be determined in accordance with the provisions of sub-section (2)15explanation––for the purposes of this sub-section, the return journey shall be treated as a separate journey, even if the right to passage for onward and return journey is issued at the same time (10) the place of supply of services on board a conveyance, including a vessel, an aircraft, a train or a motor vehicle, shall be the location of the first scheduled point of departure of that conveyance for the journey20(11) the place of supply of telecommunication services including data transfer, broadcasting, cable and direct to home television services to any person shall,—25(a) in case of services by way of fixed telecommunication line, leased circuits, internet leased circuit, cable or dish antenna, be the location where the telecommunication line, leased circuit or cable connection or dish antenna is installed for receipt of services;(b) in case of mobile connection for telecommunication and internet services provided on post-paid basis, be the location of billing address of the recipient of services on the record of the supplier of services;30(c) in cases where mobile connection for telecommunication, internet service and direct to home television services are provided on pre-payment basis through a voucher or any other means,––35(i) through a selling agent or a re-seller or a distributor of subscriber identity module card or re-charge voucher, be the address of the selling agent or re-seller or distributor as per the record of the supplier at the time of supply; or(ii) by any person to the final subscriber, be the location where such prepayment is received or such vouchers are sold;40(d) in other cases, be the address of the recipient as per the records of the supplier of services and where such address is not available, the place of supply shall be location of the supplier of services:provided that where the address of the recipient as per the records of the supplier of services is not available, the place of supply shall be location of the supplier of services:45provided further that if such pre-paid service is availed or the recharge is made through internet banking or other electronic mode of payment, the location of the recipient of services on the record of the supplier of services shall be the place of supply of such services5explanation––where the leased circuit is installed in more than one state or union territory and a consolidated amount is charged for supply of services relating to such circuit, the place of supply of such services shall be taken as being in each of the respective states or union territories in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed(12) the place of supply of banking and other financial services, including stock broking services to any person shall be the location of the recipient of services on the records of the supplier of services:10provided that if the location of recipient of services is not on the records of the supplier, the place of supply shall be the location of the supplier of services(13) the place of supply of insurance services shall,––(a) to a registered person, be the location of such person;15(b) to a person other than a registered person, be the location of the recipient of services on the records of the supplier of services20(14) the place of supply of advertisement services to the central government, a state government, a statutory body or a local authority meant for the states or union territories identified in the contract or agreement shall be taken as being in each of such states or union territories and the value of such supplies specific to each state or union territory shall be in proportion to the amount attributable to services provided by way of dissemination in the respective states or union territories as may be determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed2513 (1) the provisions of this section shall apply to determine the place of supply of services where the location of the supplier of services or the location of the recipient of services is outside india(2) the place of supply of services except the services specified in sub-sections (3)to (13) shall be the location of the recipient of services:place of supply of services where location of supplier or location of recipient is outside india30provided that where the location of the recipient of services is not available in the ordinary course of business, the place of supply shall be the location of the supplier of services(3) the place of supply of the following services shall be the location where the services are actually performed, namely:—35(a) services supplied in respect of goods which are required to be made physically available by the recipient of services to the supplier of services, or to a person acting on behalf of the supplier of services in order to provide the services: provided that when such services are provided from a remote location by way of electronic means, the place of supply shall be the location where goods are situated at the time of supply of services:40 provided further that nothing contained in this clause shall apply in the case of services supplied in respect of goods which are temporarily imported into india for repairs and are exported after repairs without being put to any other use in india, than that which is required for such repairs;45(b) services supplied to an individual, represented either as the recipient of services or a person acting on behalf of the recipient, which require the physical presence of the recipient or the person acting on his behalf, with the supplier for the supply of services5(4) the place of supply of services supplied directly in relation to an immovable property, including services supplied in this regard by experts and estate agents, supply of accommodation by a hotel, inn, guest house, club or campsite, by whatever name called, grant of rights to use immovable property, services for carrying out or co-ordination of construction work, including that of architects or interior decorators, shall be the place where the immovable property is located or intended to be located(5) the place of supply of services supplied by way of admission to, or organisation of a cultural, artistic, sporting, scientific, educational or entertainment event, or a celebration, conference, fair, exhibition or similar events, and of services ancillary to such admission or organisation, shall be the place where the event is actually held10(6) where any services referred to in sub-section (3) or sub-section (4) or sub-section (5) is supplied at more than one location, including a location in the taxable territory, its place of supply shall be the location in the taxable territory15(7) where the services referred to in sub-section (3) or sub-section (4) or sub-section (5) are supplied in more than one state or union territory, the place of supply of such services shall be taken as being in each of the respective states or union territories and the value of such supplies specific to each state or union territory shall be in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed20(8) the place of supply of the following services shall be the location of the supplier of services, namely:––(a) services supplied by a banking company, or a financial institution, or a non-banking financial company, to account holders;25(b) intermediary services;(c) services consisting of hiring of means of transport, including yachts but excluding aircrafts and vessels, up to a period of one monthexplanation––for the purposes of this sub-section, the expression,––(a) "account" means an account bearing interest to the depositor, and includes a non-resident external account and a non-resident ordinary account;302 of 1934(b) "banking company" shall have the same meaning as assigned to it under clause (a) of section 45a of the reserve bank of india act, 1934;2 of 1934(c) ''financial institution" shall have the same meaning as assigned to itin clause (c) of section 45-i of the reserve bank of india act, 1934;35(d) "non-banking financial company" means,––(i) a financial institution which is a company; (ii) a non-banking institution which is a company and which has asits principal business the receiving of deposits, under any scheme or arrangement or in any other manner, or lending in any manner; or40 (iii) such other non-banking institution or class of such institutions,as the reserve bank of india may, with the previous approval of the central government and by notification in the official gazette, specify(9) the place of supply of services of transportation of goods, other than by way of mail or courier, shall be the place of destination of such goods45(10) the place of supply in respect of passenger transportation services shall be the place where the passenger embarks on the conveyance for a continuous journey(11) the place of supply of services provided on board a conveyance during the course of a passenger transport operation, including services intended to be wholly or substantially consumed while on board, shall be the first scheduled point of departure of that conveyance for the journey5(12) the place of supply of online information and database access or retrieval services shall be the location of the recipient of servicesexplanation––for the purposes of this sub-section, person receiving such services shall be deemed to be located in the taxable territory, if any two of the following noncontradictory conditions are satisfied, namely:––10(a) the location of address presented by the recipient of services through internetis in the taxable territory;(b) the credit card or debit card or store value card or charge card or smart cardor any other card by which the recipient of services settles payment has been issued in the taxable territory;15(c) the billing address of the recipient of services is in the taxable territory; (d) the internet protocol address of the device used by the recipient of servicesis in the taxable territory;(e) the bank of the recipient of services in which the account used for paymentis maintained is in the taxable territory;20(f) the country code of the subscriber identity module card used by the recipientof services is of taxable territory;(g) the location of the fixed land line through which the service is received bythe recipient is in the taxable territory25(13) in order to prevent double taxation or non-taxation of the supply of a service, or for the uniform application of rules, the government shall have the power to notify any description of services or circumstances in which the place of supply shall be the place of effective use and enjoyment of a service3014 (1) on supply of online information and database access or retrieval services by any person located in a non-taxable territory and received by a non-taxable online recipient, the supplier of services located in a non-taxable territory shall be the person liable for paying integrated tax on such supply of services:special provision for payment of tax by a supplier of online information and database access or retrieval services35provided that in the case of supply of online information and database access or retrieval services by any person located in a non-taxable territory and received by a nontaxable online recipient, an intermediary located in the non-taxable territory, who arranges or facilitates the supply of such services, shall be deemed to be the recipient of such services from the supplier of services in non-taxable territory and supplying such services to the non-taxable online recipient except when such intermediary satisfies the following conditions, namely:––40(a) the invoice or customer's bill or receipt issued or made available by such intermediary taking part in the supply clearly identifies the service in question and its supplier in non-taxable territory;(b) the intermediary involved in the supply does not authorise the charge to the customer or take part in its charge which is that the intermediary neither collects or processes payment in any manner nor is responsible for the payment between the non-taxable online recipient and the supplier of such services;45(c) the intermediary involved in the supply does not authorise delivery; and (d) the general terms and conditions of the supply are not set by the intermediary involved in the supply but by the supplier of services(2) the supplier of online information and database access or retrieval services referred to in sub-section (1) shall, for payment of integrated tax, take a single registration under the simplified registration scheme to be notified by the government:5provided that any person located in the taxable territory representing such supplier for any purpose in the taxable territory shall get registered and pay integrated tax on behalf of the supplier:provided further that if such supplier does not have a physical presence or does not have a representative for any purpose in the taxable territory, he may appoint a person in the taxable territory for the purpose of paying integrated tax and such person shall be liable for payment of such tax10 chapter vi refund of integrated tax to international tourist1515 the integrated tax paid by tourist leaving india on any supply of goods taken out of india by him shall be refunded in such manner and subject to such conditions and safeguards as may be prescribedrefund of integrated tax paid on supply of goods to tourist leaving indiaexplanation––for the purposes of this section, the term "tourist" means a person not normally resident in india, who enters india for a stay of not more than six months for legitimate non-immigrant purposes chapter vii zero rated supply20zero rated supply16 (1) "zero rated supply" means any of the following supplies of goods or services or both, namely:––(a) export of goods or services or both; or25(b) supply of goods or services or both to a special economic zone developer or a special economic zone unit (2) subject to the provisions of sub-section (5) of section 17 of the central goods and services tax act, credit of input tax may be availed for making zero-rated supplies, notwithstanding that such supply may be an exempt supply(3) a registered person making zero rated supply shall be eligible to claim refund under either of the following options, namely:––30(a) he may supply goods or services or both under bond or letter of undertaking, subject to such conditions, safeguards and procedure as may be prescribed, without payment of integrated tax and claim refund of unutilised input tax credit; or35(b) he may supply goods or services or both, subject to such conditions,safeguards and procedure as may be prescribed, on payment of integrated tax and claim refund of such tax paid on goods or services or both supplied,in accordance with the provisions of section 54 of the central goods and services tax act or the rules made thereunder chapter viii apportionment of tax and settlement of funds4017 (1) out of the integrated tax paid to the central government,––apportionment of tax and settlement of funds(a) in respect of inter-state supply of goods or services or both to an unregisteredperson or to a registered person paying tax under section 10 of the central goods and services tax act;45(b) in respect of inter-state supply of goods or services or both where theregistered person is not eligible for input tax credit;(c) in respect of inter-state supply of goods or services or both made in a financial year to a registered person, where he does not avail of the input tax credit within the specified period and thus remains in the integrated tax account after expiry of the due date for furnishing of annual return for such year in which the supply was made;5(d) in respect of import of goods or services or both by an unregistered person or by a registered person paying tax under section 10 of the central goods and services tax act;(e) in respect of import of goods or services or both where the registered person is not eligible for input tax credit;10(f) in respect of import of goods or services or both made in a financial year by a registered person, where he does not avail of the said credit within the specified period and thus remains in the integrated tax account after expiry of the due date for furnishing of annual return for such year in which the supply was received, the amount of tax calculated at the rate equivalent to the central tax on similar intra-state supply shall be apportioned to the central government15(2) the balance amount of integrated tax remaining in the integrated tax account in respect of the supply for which an apportionment to the central government has been done under sub-section (1) shall be apportioned to the,––(a) state where such supply takes place; and20(b) central government where such supply takes place in a union territory: provided that where the place of such supply made by any taxable person cannot be determined separately, the said balance amount shall be apportioned to,––(a) each of the states; and (b) central government in relation to union territories,25in proportion to the total supplies made by such taxable person to each of such states or union territories, as the case may be, in a financial year:30provided further that where the taxable person making such supplies is not identifiable, the said balance amount shall be apportioned to all states and the central government in proportion to the amount collected as state tax or, as the case may be, union territory tax, by the respective state or, as the case may be, by the central government during the immediately preceding financial year(3) the provisions of sub-sections (1) and (2) relating to apportionment of integrated tax shall, mutatis mutandis apply to the apportionment of interest, penalty and compounding amount realised in connection with the tax so apportioned35 40(4) where an amount has been apportioned to the central government or a state government under sub-section (1) or sub-section (2) or sub-section (3), the amount collected as integrated tax shall stand reduced by an amount equal to the amount so apportioned and the central government shall transfer to the central tax account or union territory tax account, an amount equal to the respective amounts apportioned to the central government and shall transfer to the state tax account of the respective states an amount equal to the amount apportioned to that state, in such manner and within such time as may be prescribed45(5) any integrated tax apportioned to a state or, as the case may be, to the central government on account of a union territory, if subsequently found to be refundable to any person and refunded to such person, shall be reduced from the amount to be apportioned under this section, to such state, or central government on account of such union territory, in such manner and within such time as may be prescribed18 on utilisation of credit of integrated tax availed under this act for payment of,––transfer of input tax credit5(a) central tax in accordance with the provisions of sub-section (5) of section49 of the central goods and services tax act, the amount collected as integrated tax shall stand reduced by an amount equal to the credit so utilised and the central government shall transfer an amount equal to the amount so reduced from the integrated tax account to the central tax account in such manner and within such time as may be prescribed;10(b) union territory tax in accordance with the provisions of section 9 of theunion territory goods and services tax act, the amount collected as integrated tax shall stand reduced by an amount equal to the credit so utilised and the central government shall transfer an amount equal to the amount so reduced from the integrated tax account to the union territory tax account in such manner and within such time as may be prescribed;15(c) state tax in accordance with the provisions of the respective state goodsand services tax act, the amount collected as integrated tax shall stand reduced by an amount equal to the credit so utilised and shall be apportioned to the appropriate state government and the central government shall transfer the amount so apportioned to the account of the appropriate state government in such manner and within such time as may be prescribed20explanation––for the purposes of this chapter, "appropriate state" in relationto a taxable person, means the state or union territory where he is registered or is liable to be registered under the provisions of the central goods and services tax act2519 (1) a registered person who has paid integrated tax on a supply considered byhim to be an inter-state supply, but which is subsequently held to be an intra-state supply, shall be granted refund of the amount of integrated tax so paid in such manner and subject to such conditions as may be prescribedtax wrongfully collected and paid to central government or state government30(2) a registered person who has paid central tax and state tax or union territory tax,as the case may be, on a transaction considered by him to be an intra-state supply, but which is subsequently held to be an inter-state supply, shall not be required to pay any interest on the amount of integrated tax payable chapter ix miscellaneous3520 subject to the provisions of this act and the rules made thereunder, the provisions of central goods and services tax act relating to,––(i) scope of supply;application of provisions of central goods and services tax act(ii) composite supply and mixed supply; (iii) time and value of supply; (iv) input tax credit;40(v) registration;(vi) tax invoice, credit and debit notes; (vii) accounts and records; (viii) returns, other than late fee; (ix) payment of tax;45(x) tax deduction at source;(xi) collection of tax at source; (xii) assessment; (xiii) refunds; (xiv) audit;5(xv) inspection, search, seizure and arrest; (xvi) demands and recovery; (xvii) liability to pay in certain cases; (xviii) advance ruling; (xix) appeals and revision;10(xx) presumption as to documents; (xxi) offences and penalties; (xxii) job work; (xxiii) electronic commerce; (xxiv) transitional provisions; and15(xxv) miscellaneous provisions including the provisions relating to theimposition of interest and penalty,shall, mutatis mutandis, apply, so far as may be, in relation to integrated tax as they apply in relation to central tax as if they are enacted under this act:20provided that in the case of tax deducted at source, the deductor shall deduct tax at the rate of two per cent from the payment made or credited to the supplier:provided further that in the case of tax collected at source, the operator shall collect tax at such rate not exceeding two per cent, as may be notified on the recommendations of the council, of the net value of taxable supplies:25provided also that for the purposes of this act, the value of a supply shall include any taxes, duties, cesses, fees and charges levied under any law for the time being in force other than this act, and the goods and services tax (compensation to states) act, if charged separately by the supplier:30provided also that in cases where the penalty is leviable under the central goods and services tax act and the state goods and services tax act or the union territory goods and services tax act, the penalty leviable under this act shall be the sum total of the said penalties21 import of services made on or after the appointed day shall be liable to tax under the provisions of this act regardless of whether the transactions for such import of services had been initiated before the appointed day:import of services made on or after the appointed day35provided that if the tax on such import of services had been paid in full under the existing law, no tax shall be payable on such import under this act:provided further that if the tax on such import of services had been paid in part under the existing law, the balance amount of tax shall be payable on such import under this act40explanation––for the purposes of this section, a transaction shall be deemed to have been initiated before the appointed day if either the invoice relating to such supply or payment, either in full or in part, has been received or made before the appointed daypower to make rules22 (1) the government may, on the recommendations of the council, by notification,make rules for carrying out the provisions of this act45(2) without prejudice to the generality of the provisions of sub-section (1), the 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 rules(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 rupees5power to make regulations23 the board may, by notification, make regulations consistent with this act and the rules made thereunder to carry out the provisions of this act 10laying of rules, regulations and notifications1524 every rule made by the government, every regulation made by the board andevery notification issued by the 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 be20removal of difficulties25 (1) if any difficulty arises in giving effect to any provision of this act, thegovernment 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: 25provided that no such order shall be made after the expiry of a period of three yearsfrom the date of commencement of this act(2) every order made under this section shall be laid, as soon as may be, after it is made, before each house of parliament statement of objects and reasonspresently, article 269 of the constitution empowers the parliament to make law on the taxes to be levied on the sale or purchase taking place in the course of inter-state trade or commerce accordingly, parliament had enacted the central sales tax act, 1956 for levy of central sales tax on the sale taking place in the course of inter-state trade or commerce the central sales tax is being collected and retained by the exporting states2 the crucial aspect of central sales tax is that it is non-vatable, ie the credit of this tax is not available as set-off for the future tax liability to be discharged by the purchaser it directly gets added to the cost of the goods purchased and becomes part of the cost of business and thereby has a direct impact on the increase in the cost of production of a particular product further, the fact that the rate of central sales tax is different from the value added tax being levied on the intra-state sale creates a tax arbitrage which is exploited by unscrupulous elements3 in view of the above, it has become necessary to have a central legislation, namely, the integrated 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 in the course of inter-state trade or commerce the proposed legislation will remove both the lacunas of the present central sales tax besides being vatable, the rate of tax for the integrated goods and services tax is proposed to be more or less equal to the sum total of the central goods and services tax and state goods and services tax or union territory goods and services tax to be levied on intra-state supplies it is expected to reduce 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 the integrated goods and services tax will foster a common or seamless indian market and contribute significantly to the growth of the economy4 the integrated goods and services tax bill, 2017, inter alia, provides for the following, namely :—(a) to levy tax on all inter-state supplies of goods or services or both except supply of alcoholic liquor for human consumption at a rate to be notified, not exceeding forty per cent as recommended by the goods and services tax council (the council);(b) to provide for levy of tax on goods imported into india in accordance with the provisions of the customs tariff act, 1975 read with the provisions contained in the customs act, 1962;(c) to provide for levy of tax on import of services on reverse charge basis under the proposed legislation;(d) to empower the central government to grant exemptions, by notification or by special order, on the recommendations of the council; (e) to provide for determination of the nature of supply as to whether it is an inter-state or an intra-state supply;(f) to provide elaborate provisions for determining the place of supply in relation to goods or services or both;(g) to provide for payment of tax by a supplier of online information and database access or retrieval services;(h) to provide for refund of tax paid on supply of goods to tourist leaving india; (i) to provide for apportionment of tax and settlement of funds and for transfer of input tax credit between the central government, state government and union territory;(j) 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(k) to provide for transitional transactions in relation to import of services made on or after the appointed day 5 the notes on clauses explain in detail the various provisions contained in the integrated goods and services tax bill, 20176 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 provides for authorisation of state tax and union territory tax officers, subject to certain exceptions and 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 5 provides for levy and collection of integrated tax on all inter-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 a rate not exceeding forty per cent it further provides that integrated tax on goods imported into india shall be levied and collected under section 3 of the customs tariff act, 1975, at the time and in the manner in which customs duty shall be collected under the provisions of the customs act, on a value as determined under the provisions of the customs tariff act this clause also provides that —(i) integrated 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 integrated 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 inter-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 6 confers powers on central government to exempt either absolutely or conditionally goods or services or both of any specified description from the whole or part of the integrated tax, on the recommendations of the council this clause 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 7 provides for instances where a supply of goods or services or both will be considered as inter- state supplyclause 8 provides for instances where a supply of goods or services or both will be considered as intra- state supplyclause 9 provides for supplies made in territorial waters to be deemed to be made in the states or union territories where the nearest point of the appropriate baseline is locatedclause 10 provides for the place of supply for all supplies of goods other than those goods which are imported into or exported out of indiaclause 11 provides for the place of supply for all supplies of goods which are imported into or exported out of indiaclause 12 provides for the place of supply for all supplies of services where location of supplier and recipient is in indiaclause 13 provides for the place of supply for all supplies of services where location of supplier or location of recipient is outside indiaclause 14 provides for deeming the supplier of services located in non-taxable territory to be liable to pay tax on the online information and database access or retrieval services by any person located in a non-taxable territory and received by a non- taxable online recipientclause 15 provides for refund of integrated tax paid on supply of goods to tourists leaving indiaclause 16 provides for zero rating of certain supplies namely exports and supplies made to special economic zone unit or special economic zone developer and the manner of zero ratingclause 17 provides for apportionment of integrated tax and settlement of funds between the central and state governmentclause 18 provides for utilisation of credit of integrated tax availed under the proposed act for payment of central tax, union territory tax or state taxclause 19 provides for refund of integrated tax in situations where inter-state supplies are subsequently held to be intra-state suppliesclause 20 provides for application of specific provisions of the central goods and services tax act to the proposed actclause 21 provides that all import of services made on or after the appointed day will be liable to integrated tax regardless of whether the transactions for such import of services had been initiated before the appointed dayclause 22 confers powers on the central government to make rules for carrying out the provisions of the proposed act on recommendation 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 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 memorandumclauses 17 and 18 of the bill provides for apportionment of tax and settlement of funds and for transfer of input tax credit between the central government, state government and union territory2 clause 20 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 under the central goods and services tax act will be utilised for the purposes of the proposed legislation thus there will be no extra financial expenditure under this bill3 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 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 integrated goods and services tax bill seeks to empower the central government to make rules, inter alia, in the following matters, namely:—(a) collection of taxes under section 5; (b) determination of place of supply under section 10; (c) apportionment of value of supply of services when the immovable property or boat or vessel is located in more than one state or union or when the leased circuit is installed in more than one state or union territory or when the event is held in more than one state or union territory or for advertisement services under section 12; (d) the place of supply of services referred to in section 13 when they are supplied in more than one state or union territory under that section; (e) conditions and safeguards for refund of integrated tax paid on supply of goods to tourist leaving india under section 15; (f) procedure and safeguards for supply of goods or services under bond or on payment of integrated tax and then taking refund under section 16; (g) manner in which apportionment of tax and settlement of funds will take place under section 17; (h) manner and time in which input tax credit will be transferred under section 18; (i) manner in which tax wrongfully collected and paid to central government or state government is to be refunded under section 19; and (j) 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 inter-state supply of goods or servicesor both by the central government and for matters connected therewith or incidental thereto————(shri arun jaitley, minister of finance and corporate affairs)	Parliament_bills	4d0a1232-07d4-5d1e-afd6-d433403436e2
the advocates (amendmen1) bill, 1964 " bill further to amend the advocates act, 1961be it enacted by parliament in the fifteenth year of the republic of india as follows:-1 this act may be called the advocates (amendment) act, abort title, 1964 25 of 1961 5 2 in section 3 of the advocates act, 1961 (hereinafter referred amendto as the principal act) ,-ment of ect1onl (a) in sub-section (2) in clause (b), for the words "roll of the state bar council" the words "electoral roll of the state bar council" shalt be substituted; 10 (b) to sub-section (2), the following proviso shall be added, namely:-is 38 of 1921, "provided that as nearly as possible one-half ot such elected members shall, subject to any rules that may be xnade in this behalf by the bar council of india, be persons who have for at lealit ten years been advocates on a state roll, and in computing the said period of ten ye8lll in relation to any such person, ,there shall be included any period during which the person has been an advocate enrolled under the indian bar councils act, 1926"; 20 (c) after sub-section (3), the following sub-sections shall be inserted, namely:-"(4) an advocate shall be disqualified from voting at an election under sub-section (2) or for being chosen ai, 196 (b) lb-1 and for being, a member of a state bar council, unless he possesses such qualllications or satisfies such conditions as may be prescribed in this behalf by the bar ~ouncil 01 india, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to 5 time by each state bar council (5) nothing in the proviso to sub-section (2) shall affect the term of office of any member elected before the commencement of the advocates (amendment) act, 1964, but every election after such commencement shall be held 10 in accordance with the provisions of the rules made by the bar council of india to give effect to the said proviso" ~ in section 4 ¢ the principal act, after sub-section (2), the following sub~ection shall be inserted, namely:-amendmentof ection 4 "(3) the term of office of a member of the bar council of 15 india elected by the state bar council shall,-(i) in the case of a member of a state dar council who holds office ex ojjicio, be two years from the date of his election; and (ii) in any other case, be for the period for which he 20 holds office as a member of the state bar council: provided that every such member shall continue to hold office as a member of the bar council of india umil his successor is elected" 4 in section 8 of the principal act,-25 amend"; ment of section 8 (a) for the words "bar council", the words "state bar council" shall be substituted; (b) for the words "elected to each such council", the words, brackets and figures "elected to each such council (reconstituted on the expiry of the term of office of the elected 30 members of the state bar council under section 54)" shall be substuuted 5 for section 9 of the principal act, the following section shall be substituted, namely:-substitution of new section for section 9 disciplinary committees "9 (1) a bar council shal~ constitute o~e or more disci- 35 plinary committees, each of which shall consist of three persons of whom two shall be persons elected by the council from amongst its members and the other shall be a person co-opted by the council from amongst advocates who possess the qualifications spectfted in the proviso to sub-sectian (2) ot m'ction 3 and who are not members of the council, and the senior-most advocate amongst the members of a disciplinary committee shall be the chairman thereof s (2) notwithstanding anything contained in sub-section (1), any disciplinary committee constituted prior to the commencement of the advocates (amendment) act, 1964 may dispose of the proceedings pending before it as if this section had not been amended by the said act" 10 6 after section 10 of the principal act, the following section shall insertion , be inserted, namely:-of new sectioi1 loa "loa an elected member of a bar council shall be deemed diequalito have vacated his office if he is declared by the bar councfl fication of of which he is a member to have been absent without suft\cient members is excuse from three consec,utive meetin~s of such council, or it ~~~:~il his name is, for any cause, removed from the roll of advocates or if he is otherwise disqualified under any rule made by the bar council of india" 7 in section 15 of the principal act, in sub-section (2) ,-amend ment of 20 (a) for clause (a), the following clause shall be substituted, section 15 namely:-"(a) the election of members of the bar council including the conditions subject to which pfrsons can exercise the right tp vote, the preparation and revision of electoral rolls, 2s the manner in which election shall be held and the manner in which results of election shall be published;"; (b) in clause (e), for the words "bar council", the words "state bar council" shall be substituted 8 in section 16 o,f the principal act, to sub-section (4), the follow- amend-;,itj ing proviso shan be added, namely:-ment of section 18 "provided that where any such senior advocate makes an applicatiorf befoo'e the 31st december, 1965 to the bar council maintaining the roll in which his name has been entered that he does not desire to continue as a senior advocate', the bar 35 council may grant the application and the roll shall be altered accordingly" 9 in section '17 of the principal act, in sub-section (3), for the amendwords "and such seniority shall be determined", the words "and, ment of subject to any rule, that may be madefby the bar council of india in section it ':;0 this behalf, such seniority shall be determined" shall be substituted amea4-ie in section 18 of the principal act, to sub-section (1), the folment of lowing proviso shall be added, namely:-eectiod 18 "provided that where any such application for transfer is made !by a person against whom any disciplinary proceeding is pending or where for any other reason it appears to the bar s council of india that the application for transfer has not been made bona fide and that the transfer should not be made, the bar council of india may, after giving the person making the application an opportunity of making a representation in this behalf, reject the application" 10 amacl mmt of mctlcm :&0 11 in section 20 of the principal act, in sub-section (3), for the words uentries in each part of the common roll shall be maintained of seniority and such seniority shall be detennined as follows", the words uentries in each part of the common roll shall be maintained in such manner as the bar council of india thinks fit and the seniority is of an advocate an the common roll shall be determined as follows" ihall 'be substituted "22 there shall be issued a certificate of enrolment, in the 20 prescribed fonn-8ubgltu-u for section 22 of the principal act, the following section shall tfon of new' be substituted namely:-8ec't1on for ' leetion22 certulcatai fii enrolment (i) by the state bar council to every person whose name is entered in the common roll without his name havunder this act; and (ii) by the bar council of india to every person whose 2, name is entered in the common roll without his name having already been entered in any state rou" (a) in sub-section (1) ,-(a) in clause (e) ,-(0 in sum-clause (tii) , the words "or elsewhere" shall be omitted; (ii) after sub-clause eiii), the following sub-clause shall be inserted, namely:-- (iv) in any other case, from any university 35 outside the territory of india, if the degree is recognised for the purposes of this act by the bar council of india; or"; (b) in clause (d) ,-(i) the words "after such trairung" shall be omitted; (ii) in the proviso, for paragraph (i), the following paragraph ghall be substituted, namely:-10 is "(i) a person who has obtained a degree in law from any university in india on the results of an examination held before the 31st day of march, 1964 or such other later date as may be prescribed, or a barrister who was called to the bar before such date or a barrister who, having qualified after that date, has received such practical training in law as may be recognised in this behalf by the bar council of india;"; 20 (b) in sub~ection (2), for the words "a vakil, pleader or an attorney who is a law graduate, or who is not a law graduate but was entltled to be enrolled as an advocate of a high court immediately before the appointed day under any law then in force", the words "a vakil or a pleader who is a law graduate" shall be substituted; (e) after sub-bection (2), the following sub-sections shall ·be inserted, namely:-3s "(3) notwithstanding anything contained in sub-section (1), a person who-(a) before the 31st day of march, 1964, has, for at least three years, been a vakil or a pleader or a mukhtar, or was entitled at any time to be enrolled under any law then in force as an advocate of a high court (including a high court of a form~r part b state) or of a court of judicial commissioner in ~ny union territory; or (b) before the 15th day of august, 1947, has been an advocate of any high court in any area which was comprised within india as defined in the government of india act, 1935; or (c) 'before the igt day of april, 1937, has been an advocate of any high court in any area which was comprised within burma as defined in the government of india act, 1935; or (d) is entitled to be enrolled as an advocate under any trule made by the bar council of india in this behalf, may be admitted as an advocate on a state roll if he-(i) makes an application for sueh enrolment in 5 accordance with the provisions of this act; and (ti) fulfils the conditions specified in c1aus£'s (n), (b), (e) and (f) of sub-section (1) (4) notwithstandin~ anythinr contained in sllb-~ection (1), a person who has been an attorney of a·ny high court 10 may be admitted as an advocate on a state roll if he makes an application for such enrolment in aceordance with the provisions of this act and fulfils the conditions specified in ·clauses '(a), (b), (e) and (n of sub-section (1), but the right of such a person to plead or to act on the ori~nal ~ide 15 of the high colirl at calcutta or the high court at bombay shall be subject to any rules that may be made in that behalf by that high court" 14 in section 26 of the principal act,-amendment of section 28 (a) in sub-section (1) after the words, brackp1:~ anti firures 20 "sub-sections (2) and (3)", the words "and to anv direc-tion that may be given in writing by the state bar council in this behalf" shall be inserted; (b) to sub-section (1), the following proviso shall be added, namely:-"provided that the bar council of india may, if satisfied, either on a reference made to it in this behalf or otherwise, that any person has got his name entered on the roll c1f advocates by misrepresentation as to an essential faci or by fraud or undue influence, !'emove the name of such person 30 from the roll of advocates after giving him an opportunity of being heard"; (e) after sub-section (3), the followin,g su'b-seciion shall be inserted, namely:-" (4) where the enrolment committee of a state bar 35 council has refused any application for ~mission as an advocate on its roll, the state bar council shall as soon as may be, send intirhation to all other state bar councils about such refusal stating the name, address and qualifications of the person whose application was refused and the grounds 40 for the refusa1"~ s 15 after section 26 of the principal act, the foillowmg section insertion shall be inserted, namely: _ of new seetion26a "26a the bar council of india or any state bar council power to may remove from the common roll or the state roll, 0 the case remove may be, the name of any advocate who is dead or from whom a ~ames request has been li'eceived to that effect!' r:o:: 16 in section 28 of the principal act, in clause (b) of sub-section amend-(2), the words "after such training" shall be omijtted ment of lection 28 17 to section 35 of the principal act, the following explanation amend-10 shall be added, namely: -ment of " explanation-in this section, the expressions "advocate- section 35 general" and "advocate-general of the state" shall, in relation to the union territory of delhi, mean the additional solicitor general of india" 18 in section 37 of the principal act, in sulb-section (1), for the amend is words, brackets and figures "under sub-section (3) of section 35", the ment of words and figures "under section 35" shall be substituted sechon 37 20 19 after section 48 of the principal act, the following sections insertion sha:! be inserted, namely: -of new sections 48a and 4813 "48a (1) the bar council of india may, at any time, call for power of the record of any proceeding under this act which has been revision disposed of by a state bar council or a conunittee thereof, and from which no appeal lies, for the pulfpose of satisfying itself as tq the legality or propriety of such disposal and may pass such orders in relation thereto as it may think nt (2) no order which prejudicially affects any person shall be passed under this section without giving him a reasonable opportunity of being heard 30 48b (1) for the proper and efficient discharge of the func- powerto tionsof a state bar council or any committee thereof, the bar give direc-council of india may, in the exercise of ita power, of general tiolll supervision and control, give such directions to the state bar council or any committee thereof as may appear to it to be necessary, and the state bar council or the committee shall comply with such directions 3s (2) where a state bar couneil is unable to perform its functions for any li'easod whatsoever,· the bar council of india may, wi1hout prejudice to the generality of the foregoing powet' give such directions to the ex ot1icio member thereof as may appear to it to be necessary, and such directions shall have effect, notwithstanding anything convlined in the rules made by the state bar council" 20 in section 49 of the principal,-amend ment of lection49 (a) for clause (a), the following clauses shall be substituted, namely:-"(a) the conditions subject to which an advocate may be entitled to vote at an election to the state bar council 10 including the qualifications or disqualifications of voters, and the manner in which an electrical roll of voters may be prepared and revised by a state bar council; (ab) qualifications for membership of a bar council and the disqualifi~ations for such membership; is (ac) the time within which and the manner in which effect may be given to the proviso to sub-section (2) of aection 3; (ad) the manner in which the name of any advocate may be prevented from being entered in more than one 20 state roll; (ae) the manner in which the seniority among advocates- may be determined; (af) the category of persons who may be exempted from undergoing a course of training and passing an exami- 25 nation prescribed under clause (d) of sub-section (1) of section 24; (ag) the class or category of persons entitled to be enrolled as advocates; (all) the conditions subject to which an advocate shall 30 have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court;"; (b) for clause (i), the following clauses shall be substituted, namely: - 35 "(i) general pri~ciples for guidance of state bar councils and the manner in which directions issued or orders made by the bar council of india may be enforced; (j) any other matter which may be prescribed: " 21 ·after section 49 of the principal ad, the followmsectio & n inaertion ahall be inserted, namely:-of newlec-s nit (1) th c al g tion 49a _n e entr overnment may, by notification in p the official gazette, make rules for carryirig out the purposes of c~~~~of this act including rulu with respect to any matter for which the govern-bar council of india or a state bar council has power to make ment to rules make rule • (2) in particular and without prejudice to the generality of " the foregoing power, such rules may provide for-10 (a) qualiftcations for membership of a bar council and disqualifications for such membership; (b) the manner in which the bar council of india may exercise supervision and control over state bar councils and the manner in which the directions issued or orders made by the bar council of india may be enforced; (c) the class or category of persons entitled to be e1'll'olled as advocates under thia act; (d) the category ot persons who may be exempted from undergoing a course of training and passing an examination prescribed under clause (d) of sub-section (1) of section 24; 20 (e) the manner in which seniority among advocate may be determined; (1) the procedure to be followed by a disciplinary committee of a )jar council in hearing cases and the procedure to be followed by a disciplinary committee of the bar council of india in hearing appeals; (9) any other matter which may be prescribed (3) rules under this section may be made either for the whole of india or for all or any of the bar counclli 30 (4) if any provision of a rule made by a bar cowlcil is repugnant to any provision of a rule made by the central goverrunent under tws section, then, the rule under this sectiun, whether made before or after the rule made by the bar caunell, shall prevwl and the rule made by the bar cowacil shall, to the extent of the repugnancy, be void 3s (5) every rule made under this act shall ,be laid, as soon as may be alter it 15 made, before each house of l'arllament wlllle it is m session for a total period of twrty days which may be comprised in one 88sslon or in two succfmisive sessions, and if 186 (b) ls-a 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 s however, that any such modification or annulment $hall be without prejudice to the validity of anything previously done under that rule" zz in section 54 of the principal act,-amed4 ment 01 tectionm (i) the worda uthe bar council of india and" shall be omit- 10 ted and shall be deemed always to have been omitted; (ii) the following proviso shall be inserted and shall be deemed always to have been inserted, namely: - "provided that such members shall continue to hold office until the state bar council is reconstituted in accord- is ance with the provisions of this act" amend-z3~- in section 55 of the principal act, for clause (c), the followment of ing clauses shall be substituted, namely:-l18ction &i "(c) every mukhtar practising as such immediately before the said date by virtue of the provisions of the legal practi- 20 tioners act, 1879, or any other law, who does not elect to be, or is not qualified to be, enrolled as an advocate under this act; 18 of 1879 amendment of section 58 (d) every revenue agent practising 88 such immediately before the said date by virtue of the provisions of the legal practitioners act, 1879, or any other law;" 25 24 in section 58 of the principal act, in sub-section (4), for the 18 of 187g words "the issue and renewal", the words "the renewal or the issue by way of renewal" shall be substituted 15 after section 58 of the principal act, the following sections shall be inserted, namely:-insertion of new ~ 58a and 58b special provisionl with res-~to certajd advocate "58a (1) notwithstanding anything contained in this act, all advocates who, immediately before the 26th day of july, 1948, were entitled to practise in the high court in allahabad or the chief court in oudh and who under the provisions of the united provinces high courts (amalgamation) order, 1948 were 35 reco~ as advocates entitled to practise in the new high court of judicature at allahabad but whose names were not formally entered on the roll of advocates of that hiih court merely 5 18011926 by reason of the non-payment of the fee payable to the bar council of the said high court, and all advocates who were enrolled as such between the said date and the 26th day of may, 1952, shall, for the purposes of clause (a) of sub-section (i) of section 17, be deemed to be persons who were entered as advocates on the roll of the said high court under the indian bar councils act, 1926 and every such person may, on an application being made in this behalf, be admitted as an advocate on the state roll of uttar pradesh 10 is sa of 1926 (2) notwithstanding anything contained in this act, all advocates who, immediately before the 10th day of october, 1952 were entitled to practise in the high court of hyderabad but whose names were ~t formally entered on the roll of advocates of that high court merely by reason of the non-payment of the fee payable to the bar council of the said high court shall, for the purposes of clause (a) of sub-section (i) of ~ection 17, be deemed to be persons who were entered as advocates on the roll of the said high court under the indian bar councils act, 1926 and every such person may, on an application being made in this behalf, be admitted as an advocate on the state roll of andhra pradesh or of maharashtra 38 of 1926 30 (3) notwithstanding anything contained in this act, all advocates who, immediately before the 1st day of may, 1960 were entitled to practise in the high court of bombay and who applied to get their names entered on the roll of advocates of the high court of gujarat under the provisions of section 8 of the indian bar councils act, 1926 but whose names were not so entered by reason of the repeal of the said provision shall, for the purposes of clause (a) of sub-section (1) of section it, be deemed to be persons who were entered as advocates on the roll of the high court of gujarat under the said act and every such person may, on an applieation being made in this behalf, be admitted as an advocate on the state rou of gujarat 3s of 1926 40 (4)' notwithstanding anything contained in this act, all persons who, immediately before the 1st day of december, 1961, were advocates on the roll of the court of judicial commissioner in any union territory under any law in force in that territory shau, for the purposes of clause (a) of sub-section (1) of section 17, be deemed to ·be persons who were entered as advocates on the roll of a high court under the indian bar councils act, 1926 and every such person may, on an application made in this behalf be admitted as an advocate on the state roll maintained , in respect of that union territory 58b (1) aa from the 1st day of september, 1983, f!'iery proceeding in respect of any disciplinary matter in relation to an existing advoeate of a high court shall, save as provided in the first proviso to sub-section (2), be disposed of by the state bar council in relation to that high court, as if the existing s advocate had been enrolled as an advocate on its roll (2) if immediately before the said date, there is any pr~ ceeding in respect of any disciplinary matter in relati01ll to an existing advocate pending before any high court under the indian bar councils ad, 1926, such proepedinq; shjlll ~t8nd trans- 10 38 of 1128 ferred to the state bar council in relation to that high court, as' if it were a proceeding pending before the eorresponding bar council under clause (e) of sub-sectron (1) of section 56: provided that where in resoect of any web pl'oc'eedln~ the hi~h court has received the findin~ of a tribunal constituted is under section 11 of the indian bar councils act, 1926, the hi~h s8otl1l28 court shall dispose of the case and it shall be lawful for the high court to exercise for the purpose all powers conferred on it under section 12 of the said act as if that section had not been repealed: 20 provided further that where the high court has referred back any case for further inquiry under sub-section (4) of section 12 of the said act, the proceeding shall stand transferred to the state b~r council in relation to the high cnurt as if it were a proceeding pending before the corresponding bar council :as under clause (c) of sub~ection (1) of section 58 (3) if immediately before the said date there is any proceeding in respect of any disciplinary matter pending in relation to any pleader, vakil, mukhtar or attorney, who has been enrolled as an advocate on any state roll under the act, such pro- 30 ceedlng shall stand transferred to the state bar council on the roll of which he has been enrolled and be dealt with und~ this act as if,it were a proceeding arising against him thereunder (4) in this section "existin~ advocate" means a j)erson who was enrolled as an advocate on tbe roll of any high court under 35 the indian bar councils act, 1926 and who, at the time whf'n any hot 112ft proeeedin~ in respect of any discipunary matter is initiated a~fncrt: him, is not enrolled as an adt0c8te on a state ron under this act , '" , (5) the provisions of this section shall have effect, notwith- 40 standing anything eontained ba thja aet " statement of"()bjects and reasonsthe working of the advocates act, enacted in may, 1961, hal revealed certain practical difficulties and representations in this behalf have been received from various state bar councils and other associations the bar council of india has also suggested certain amendments to the act difficulties were being experienced mainly in regard to the functioning of the bar councils and the committees thereof and also in regard to the enrolment as advocates of certain classes of persons who may not fall strictly within the scope of ections 17 and 24 of the act it is considered necessary that the' act should be suitably amended for removing such difficulties and for facilitating the implementation of its provisi~ns ' 2 ~e act provides for the general supervision and control of the bar council of india over all state bar councils in order that they may, in the exercise of their powers, follow a uniform all-india policy the powers given to the bar council of india in this behalf are, however, inadequate and it is considered necessary to enlarge its powers it is therefore proposed to empower the bar council of india to issue appropriate directions to a state bar council or a committee thereof, and also to exercise powers of revision in retation to any proeeeding disposed of by a state bar council tt is also proposed to enlarge the appellate jurisdiction of the bar council of indta it is further proposed to give wider rule making powers to the bar council of india for the efficient and smooth working of the act, it is also considered necessary to vest in the central government powers to make rules in respect of matters which may be considered necessary 3 'nte state bar councils have been given wide powers under the act in respect of various matters, including disciplinary matten it is considered that, in the interests of efficient functioning of 8 state bar council, it should consist of some advocates who have at least ten years' standing there was such a provision in the indian bar councils act, 1926 it is accordingly proposed to provide that, as nearly as possible one-half of the elected members of every state bar council should be advocates of not less than ten years' standing 'nte other principal amendments proposed in the bill are-(1) that the term of offtce of a member of the bar conn cd of incua elected by a state bar council should normally be for the same period for which he holds omee as a member of a state bar council: (2) that the bar council of indja should be empowered to form more than one disciplinary committee, and that the disci~ plinary 06mmittee of a bar council should consist of three members only, one of whom should ,be a c()()pted member; (3) that the bar council of india should be empowered to refuse, in suitable cases, the applications for the transfer of the name of an advocate from one state roll to another; (4) that the bar council of india should be permitted to prepare and maintain the common roll in such manner as it thinks at; (5) that certain categories of persons who may not at present be entitled to be enrolled as advocates should be so entitled; (6) that the state bar council should have more effective control over its enrolment committees: and (7) that the disciplinary jurisdiction of state bar councils should be extended to certain proceedings which are dot at present covered by the act 4 the bill seeks to achieve these objects opportunity has also been taken to make certain other amendments of a minor character 5 the notes on clauses appended to the bill explain the provisions thereof new di:lhi; a k sen the 11th march, 1d84 ciaule 2-under sub-section (2) of section 3 of the act, the membertl of a state bar council are elected from amongst the advocate~ on its roll, and every advocate is entitled to seek election to the bar council the state bar councils have been given wide powers \tilder the act in respect of various matters, including disciplinary luatters it is considered that, in the interests of efficient function jug vf a state bar council, it should consist of some advocates who have at least ten years' standing there was such a provisicn in the indian bar councils act, 1926 it is accordingly proposed t:, providt: that, as nearly as possible, one-half of the elected members of every state bar council should be advocates of not less than tea years' standing it is also proposed to empower the bar council of india to make rules in regard to the disqualification of an advocate from votin, at an e1~ctlon or for being chosen as, or for ·being, a member of - state bar council this clause ~ks to amend section 3 for the purp06e -clauaes 3, 4 and 22-these clauses seek to amend sections 4, 8 and 54 of the act under section 8 of the act, the term of office of elected members of the bar council of india and of state bar councils is six years, and one-third of the members has to l'etire on the expiiation of every second year the bar council of india consists dlainly of elected representatives of state bar councils, luld the principle of rotation which has been introduced, both in the bar council of india and the state bar councils, may enable a mem1ler of the bar council of india to continue in office even after he haa ceased to be a member of the state bar council this is an anomalous position clause 3 seeks to amend section 4 to provide that the term of oftice of a member of the bar council of india elected by a state ber council should be for the same period for which he holds office as a member of a state bar council it further provides that where the advocate-general of a state who is an ez ofjicio member of the state bar council, is elected to the bar council of india, he should hold offiee for two years only from the date of his election the existing section 8 provides for the term of office of members of the bar council of india as also of the state bar councils in view of the anlendment made by clause 3 relating to the term of office of the members of the bar council of india, clause 4 restricts the a})plication of this &ection to state bar council only under section 54 of the act, the term of office of elected meldbeti of a state bar council constituted for the first time is two years clawse 4 fb) seeks to make it clear that the provisions of ,section 8 shall apply to a state bar council when it is reconstituted on the expiry of the term of office specified in section 54 in view of the amendment made to section 4, the provisions oi section 54 have also been restricted to state bar councils oni],- the 61ection to the various state bar councils would not be completed before the expiry of the term of their members under section 54 to overcome this difficulty, it has been provided in clause 22 that the elected memberi of 6 state bar council shall continue to hold omce until it is reconstituted in accordance with the provisiona of the act clause 5-under section 9, the disciplinary committee of - bar council is to consist of five members it is felt that this makes the committee unwieldy the strength of the committee is therefore proposed to be reduced to three out of three members, two shall be elected and the third member shall be co-opted ii is also pro-1'osed that the co-opted member should be an advocate of ten years' standing it is further considered desirable that the bar council 01 india wlould also have the power to constitute more than one disclpliuary committee section 9 is being amended for the purpose clause 6-there is no provision ill the act relating to disq\ali-1lcatioo of members the proposed section loa specifies the circum tances under which an elected member of a bar council shall be qeemed to have vacated his office clause 7-section 15 deals with the power of a bar council to make rules this clause seeks to amend this section to make it clear that the rules may lay down the conditiodi subject to whlch persons can exedcise the right to vote cl4uh s-by virtue of sub-section (4) of section 1& of the- act, the advocates of the supreme court who were senior avueates on 1st de<:ember, 1961 automatically became senior advocates under the act the senior advocates are subject to certain restrictions in the matter of practice as may be prescribed by the ~ council of india it is proposed to give such advocates an option to relinquish their status as senior advocates and become ordinary advocaml of the supreme court clauae lo-section 18 of the act provides for the transfer of the name of an advocate from one state roll to another when a person makes an application for such transfer, the bar council of india has no discretion in the matter and it has to issue necessary directions for such ·transfer there may be cases where the transfer oi the name of a person from one state roll to another is undesirable and the bar council of india should be empowered to reject an appucli tion for transfer in suitable cases, after giving the applicant a reasonable opportunity of representing his case this clause seeks to amend the section for the purpose clause ll-under section 20 of the act, the :bar council of india has to prepare and maintain a common roll of advocates in the order of seniority the bar councill:>f india has pointed out that preparation of the common roll after fixing inter be seniority of advocate all over india will be a laborious task and that the preparation of the common roll may therefore be delayed this clause seeks to amend section 20 to enable the bar council of india to decide the manner in which the common roll shall be maintained clause 12-section 22 deals with the issue of certificate of enrolment in cases where the state bar councils have issued the certificates of enrolment, there may be no necessity for the bar council of india to issue a fresh certificate again this clause seeks tu amend the sectwn to that effect czause 13-section 24 of the act prescribes the qualiflc:atioill which a person is required to possess for enrolment as a new advocate it has been brought to the notice of government that certain classes of persons who were treated as advocates or who were entitled to be enrolled as advocates before the commencement of cbapter iii of the advocates act would not strictly fall within the scope of section 24 it is also oonsidered necessary to enlarge the scope of section 24 to cover certain other classes of persons 8l> well who by reason of their training or experience should be eligible for enrolment whether they are law graduates or not the proposed sub-sections (3) and (4) of section 24 specify the various classes of persons who should be eligible for enrolment as advocates they are as follows:-(i) advocates on the roll of judicial commissioners' courts, (u) attorneys of high ccurts, (ill) advocates of the chief court of sind before 15th august, 1947, : (iv) advocates of rangoon high court before 1st april, 1937, 195 (b) ls-3(v) allpenons who were entitled to be enrolled as advocate of a high court (including q high court of a former part b state), or of a judicial commissioner's court, and (vi) all pleaders and mukhtare who have put in tme yeara of practice before 31st march, 196~ '!be act was amended by the act 32 of 1962 exempting law graduates who passed the final law examination before the 28th febl'\llu'y, 1963 from undergoing training and passing the examination collducted by the bar council since the necessary arrangements for the implementation of the scheme of training could noi be completed by all the state bar councils, it is propoeed to extend the said period of exemption from 28th february, 1963 to 31st march, 1964 or to such other later date as may be prescribed it is also proposed to enable the lew graduates to pass the examination eyed during the course of trainij1g other amendments are of a clarificatory nature clause 14-section 10 of the act provides for the constitution of an enrolment committee and section 26 deals with the functions of the enrolment committee as a committee of the state bar council, the enrolment committee should carry out the functions subject to any rules that may be made or any directions that may be given by the bar council it is proposed to make the position clear it is further proposed to have a specific pr:ovision to the effect that in all cases when a person gets himself eorolled as an advocate by misrepresentation or fraud or undue influence, the bar council of india may remove his name from the roll of advocates, after givinl' him an opportunity of being heard provision has- also been made for sending due intimation to all other state bar councils in caees when there has been a refusal of the application for enrolment this clause seeks to amend section 26 to achieve the purpose clause 1s-it is thought necessary to have a provision enablilla the bar councils to remove the name of any advocate who is dead or who seeks to have his name removed new clause 26a is intend, ed to achieve the purpose clause 18-section 37 of the act provides for an appeal from an order of the disciplinary committee of a state bar council made under sub-section (3) of section 35 it is proposed to enlarge the scope of the provision so as to give the right of appeal even in cases where the disciplinary committee summarily rejects the complaint under bu\)section (2) of section 35 1clc:wae -19 and 20-under-section 7(g) of the act, the bar council atindia has to exercisegeneral supervision and control over the state bar councils in'order that these powers maybe properly exercised, it is proposed that the bar council of incua should be empowered to iuue directions to the state bar councils and also to call for the reeord of any non -appealable case disposed of by a state bar council ·or a committee thereof and to issue appropriate orders thereon 'nle bar council of india should also have the power to make rules for ·enforcement of such directions and orders proposed new sections 4&a ,and 48bare intended to achieve the purpose 1"or the smooth working of the act, it is proposed to vest wider rule-making power in the bar council of india in relation to the functioning of state bar councils and the enrolment of advocates clauae 21-under the act, the power of the central government to 'make rules is very limited this power can be exercised only when rules have not been made by a state bar council it is proposed to empower the central government to make rules in respect of all matters which may be deemed necessary including those matters in relation to which the bar councils have power to make rules subject to the usual provision for laying the rules before parliame!llt new section 49a is intended to achieve the purpose clause 24-as the act provides for one class of legal practitioners only, namely advocates it is proposed to make it clear that ur:der section 58 (4), there should not be any fresh enrolment of pleaders or other class of legal practitioners certificates may, however, be issued to existing legal practitioners by way of renewal clauaf! 2s-the chief court of oudh and the high court of allahabad were amal~amated by an order made in 1948 ::ind a new high court of al1ahabad was constituted the advocates of both the high courts were recognised as advocates of the new high court but they were required to pay ten rupees each for enrolment as advocates in the new hillh court many advocates did not pay thi!!! amount and they were not formally enrolled as advocates of the new high court of allahabad was constituted the advocates of both rates of the former state of hyderabad as well similarly on the reorganisation of the bombay state in may, 1960 a new high court of gujarat was constituted and many (f the advocates of the bombav high court who opted for gujarat {'ould not get themselves enrolled within the prescribed time it is necessary to mak suitable provision to enable these persons to get enrolled as advocate proposed new section 58a is intended to achieve thjs purpom chapter v of the act deals with disciplinary jurisdiction of the bar councils and it has been brought into force from 1st september, 1963 under the chapter, a disciplinary committee of a state bar council can take action only against those advocates who ilre on the state roll the state rolls are not complete and there are many advocates who have not yet been enrolled as advocates under the new act it is necessary to make suitable provision relating to disciplinary matters in respect of them it is also necessary to make suitable provision for the disposal of disciplinary proceedings pending at the commencement of chapter v a removal of difficulties order was issued at the time of enforcement of that chapter it is proposed to incorporate the provisions of that order in the act 10 that the validity of the order may not be challenged in a court of law proposed new section 58b is intended to achieve the purpose it is also proposed to treat all advocates on the roll of the court of judicial commissioner in any union territory immediately before 1st december, 1961 as advocates of high court for the purpose of clause (a) of sub-section (1) of section 17 the other amendments are of a formal or consequential nature memorandum regarding delegated legislationclause 7 of the bill seeks to amend section 15 of the act which deals with the rule-making power of the bar councils it is proposed to make it clear that the rule may also lay down the conditions subject to which persons can exercise the right to vote clause 11 purports to amend section 20 of the act leaving it to the bar council of india to decide the manner in which common roll shall be maintained clause 20 of the bill seeks to amend section 49 so as to confer wider rule-making powers on the bar council of india for the smooth and efficient working of the act the matters in respect of which such rules may be made relate to the conditions subject to which an advocate may be entitled to vote at an election of the state bar council and the qualification and disqualification of membership of such bar council, the time within which and the manner in which effect may be given to the proviso to sub-section (2) of section 3 and the manner in which directions issued and orders made by the bar council of india may be enforced the bar council of india has also been empowered to make rules in respect of other minor matters clause 21 of the bill seeks to insert a new section 49a which empowers the central government to make rules for carrying out the purposes of the act including rules with respect to any matter for which the bar council of india or a state bar council has power to make rules the rules made by the central government shall be laid before both houses of parliament and shall be subject to the scrutiny of parliament the matters in respect of which rules may be made are of an administrative or procedural nature i the delegation of legislative power is of a normal character 'erraacrs 'nom the advocatis act, 1961- (25 or 1981) - • ' chapter n- 3 (1) bar co'ulfcil8 - - - - - - statebu couneu, - - (2) a state bar council shall consist of the fouowidg memben, namely:-(a) in the case of the state bar council of delhi, the additional solicitor-general of india, e:c-ofjicio; and in the case of any other state bar council, the advocate-general of the state, e:c-of}icio; (b) in the case of the bar council of assam, the bar council of orissa and the bar council of delhi, fifteen members and in every other case, twenty members, elected in accordance with the system of proportional representmion by means of the single transferable vote from amongst advocates on the roll of the state bar council - ' ' - term 01 otftce of memben of bar councfi, 8, the term of oft\ce of the elected members of a bar councfl shall be six years, but as nearly as possible one-third of the members first elected to each such council shall retire on the expiration of every second year in the prescribed manner, and the vacancies 10 caused shall de filled by the election of new members in the preacribed manner dilcipllnary committeel, 9 (1) a state bar council shall constitute one or more disciplinary committees, each of which shall cionsist of five persons of whom three shall be persons elected by the council from amongst its members and two shall be persons elected by the council from amongst advocates on its roll who are not members of the council (z) the bar couddl of lqdia ·lhall codstitute a disc1pllnary com mittee cans:latiq, of five persons of whomthree ahall be pel"sod8 elec-~ed ,by the council iromamoogst its members and two shall be per-ons elected by the council from amongst advocates on the common roll who are not members of the council - - - - - - - - - - 15 (1) power to (2) in particular, and without prejudice to the genemlity 01 the make foregoing power, such rules may' provide forrulel (4) the manner in which the election of memben of the bar council shall be held and'the manne!' in which ftijulti of elections sball be published; - - - - - (e) the manner in which the order of retirement by rotattoa of the members of the bar council shall be determined; - - - - - chapter iiiadmission and enrolment of advocates - - - - - 16 (1) senjorand (4) an advocate of the supreme court who was a senior advocate otherad-01 that court immediately before the appointed day shall, for the vocatu purposes of thi:s section, be deemed to be iii sandor 8dvocat~ 17 (1) - - - - - state bar councnato (3) entries in each part of the roll of advocates prepared and maintain maiidiained by a state bar council under this section shall be in roll of the order of seniority, and such seniority shall be detennined as advocates follows:-i (0) the seniority of an advocate referred to in clause (a) of su,b-section (1) shall be detennined in accordance with hia date of ellrolment\; under the indian bar councils act, 1926; (b) the seniority of any person who was a senior advocate of the supreme court immediately before the appointed day shall, for the purposes of the first part of the state roll, be detennined in accordance with such principles as the bar council of india may specify; (c) notwithstanding anything contained in clause (a), the seniority of a vakil, pleader or an attorney who has enrolled u an advocate immediately before the appointed day, or who 11 enrolled 18 an advocate after that day, shall be determined in accordance with the date of his entry in the register of vakils, pleaders or attorneys, as the case may be; transfer of name from one state roll to another (d) the seniority of any other persoid who, on or after the appointed dey, is enrolled asa senior advocate or 11 admitted as an advocate shall be determined by the date of such enrolment or admission, as the case may be - - - - - 18 (1) notwithstanding anything contained in section 17, an~ person whose name is entered as an advocate on the roll of any state bar council may make an application in the prescribed form to the bar council of india for the transfer of his name from the roll of that state bar council to the roll of any other state bar council and, od receipt of any such application the bar cowlcil of india shall direct that the name of such 'person shall, without the payment of any fee, be removed from the roll of the first meditioned state bar council and entered in the roll of the other state bar council and the state bar councils concerned shall comply with such direct jon - - - - - zoo (1) - - - - common roll of advocate • (3) entries in each part of the common roll shall be in the order of seniority and such seniority shall be determined as follows:-(a) the seniority of an advocate enrolled in a state roll shall be determined in accordance with his seniority in that roll; (b) the seniority of any person who was a senior advocate of the supreme court immediately 'before the appointed day and whose name is not entered m qdy state roll shall, for the purposes of the first part of the common roll, be determined in accordance with such principles as the bar council of india may specify in this behalf; (c) the seniority of any person who was an advocate (but not a senior advocate) of the supreme court immediately before the appointed day and whose name is not entered in any state roll shall, for the purposes of the second part of the common roll, be determined in accordance with the date of his enrolment 81 an advocate of the supreme court - - - - - cenulcate 22 there shall be issued a certificate of enrolment in the prellof enrol-\!ribed form to every person whose name is entered in any roll of ment advocates maintained under this act - - - - - if· (1) subject to the proviaioos of this act, and the rules made persons ther«mdel', a person shall be qualified to 'be admitted 81 an advocate who may on a state roll, if he fulfils the following conditions, namely: _ be admit-- - - - - ted as advocates on a state roll - (c) he has obtained a degree in law-- - - - (iii) after the 28th day of february, 1963, from any university ill the territory of india or elsewhere, if the dep-ee is recoantaed for the purpoees of this act by the bar council of india; or he is a barrister; (d) he has undergone a coune of training in law and pej6ed anexarnination after sueh training both of which shall be prescribed by the state bar coqneu: provided that this claule sball not apply tor-- (i) a barrister who bas nceived praotical training in en~dor - ponon who has obtained a d~sree in law from 4my untvenpty in india before the 28th day of february, 1963; - - - - (2) notwithstanding anything contained in sub-section (1), a vakil, pleader or an attorney who is a law graduate, or who is not a law graduate but was entitled to be enrolled as an advocate of a hih court immediately before the llppointed day under any law then in force, may ,be admitted as an advocate on a swte roll if he-(_) 1mk4& an appliqation for $uch ent"olment in accordance with the provisions of this act, not later than two years £foro the appointed day; and (b) fulflll the conditions specified in clauses (a), (b), (e) and· (1), of sub-section (1) - - - - - 2ft (1) a state bar co':lilcil shall refer every application for disposal of ildmissipn as all advocate to its enrolment committee, and iuibtect to applicathe provisions of ~~iona (2) and (3), such c&mmittee shall tion~ f?r dispose of the appu~ation in the' preeeribed manner ~::siol' - - - - - advocate - - z8 (1) - - - power k (z) in particular, and wi1hout prejudice to the generality of the make foregoing power such rules may provide fol'-rut(!f - - - - - 195 (b) l&--4 (b) a course of practical training in law and the examination to be passed after such training for admission as an advocate on the roll of the bar council; - - - - - chapi'er v colmuct of advocatbs35 (1) where on receipt of a complaint or otherwise a state bar council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee punishment of advocates for misconduct (2) the disciplinary committee of a state bar council, if it does not summarily reject the complaint, shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the advocate-gel1eral of the state (3) the disciplinary committee of a state bar council after giving the advocate concerned and the advoeate-general an opportunity of being heard, may make any of the following orders,' namely:-(a) dismiss the complaint or, where the proceedings were initiated at the instance of the state bar council, direct that the proceedings be filed; (b) reprimand the advocate; (c) suspend the advocate from practice for such period as it may deem fit; (d) remove the name of the advocate from the state roll of advocates (4) where an advocate is suspended from practice under clause (c) of sub-section (3), he shall, during the period of suspension, be debarred from praotising in any court or !before any authority or person in india ·(5) where any notice is ~ to the advocate-general under sub-section (2), the advocate-general may appear hefore the disciplinary committee of the state bar council either in person or through any advocate appearing on his behalf - - - - - 37 (1) any person aggrieved by an order of the disciplinary committee of a state bar council made under"sub-section (3) of appeal to the bar council of india sectiolll 35, may, within sixty days of the date of the communication of the order to him, prefer an appeal to the bar council of india - - - - - 49 the bar council of india may make rules for discharging its general functions under this act, and, in particular, such rules may prea- power of cribethe bar coudcllof india to (4) ,the manner m which the name of an advocate may be make rules prevented from being entered in more than one state roll - - - - - (i) general principles for guidance of state bar councils: provided that no rules made with reference to clause (e) shall have effect unless they have been approved by the central government - - - - - chapter vii temporary and transitional provisions - • - •54 notwithstanding anything contained in this act, the term of term of office of the elected memlbers of the b8!l' council of india and a state office of bar council constituted for the first time shall be two years from members the date of the first meeting of the coun~il ~farftrst 55 notwithstanding anything contained in this act,-- - - - - council of india and state bar councils rights of certain existing legal practitioners not a1'lected is of 1879 (c) every muklhtar and revenue agent practising as such immediately before the said date by virtue of the provisions of the legal practitioners act, 1879, or any other law; shall, notwithstanding the repeal by this act of the relevant provisions of the legal practitioners act, 1879, the bombay pleaders act, 1920, or oither law, continue to enjoy the same rights as respects practice in any court or revenue oftice or before any authority or 18 of 1879 bolnbay actxvn of 1920 " penon and be eubject to the djaciplinary ju~iqd of the same au~y wni~ he eqjoy9(i qir', , ta cne may, to 1'1bje1l ~ ""'n subject immediately before the said date and accordingly the relevant provisions of the acts or law aforesaid shall have effect in relation to such persons ~ if th~ bad not been r~led - - - - - special proyit1om duridi the transitional period 58 (1) - - - - - - (4) notwithstanding the repeal by sub-section (2) of section 50 18 of 1879 of the provisiolls of the legal pracutlollel"8 aot, 18'19 or of the bombay pleaders act, 1920, or of any other law relating to the admission bombay a( t and enrolment of legal practitioners, the provisions of the acts and xvii 01 law aforesaid and any rules made thereunder in so far as they relate 19200 to the iaiue and renewal of a certificate to a legal pracmtioner auth(> rising him to practise shall have effect until chapter :w cwnes jnto force an4, accordingly, every certiftcate issued oj' renewed to a legal practitioner (who is not enrolled as an advocate under this act) which is or purports to be issued or renewed under the provisions of either of the aforesaid acts or of the other law during the period beginninc with the 1st day of deetqjlntr, 1961 and ending with the date on which chapter iv comes into force, shall be deemed to have been validly islued or renewed - - - - - loksabhaa bill further to amend the advocates act, 1961 (sian asoke k sen, minister of lafd)	Parliament_bills	885359ef-4ac1-50f5-8fe9-6027d8483d65
- l -�-- , · : as introduced in lok sabha on - -� ·, •• ' ::, •• - i - '' ; t ' j< - • - ' -· ·� :: l � ' ·• -� : ; --< � � r , : ' j j: ; : � : j - - - ' ·: j' l or· : ' ; : , i j , - , - - • ' - ji - - - ' , : , ,· ' l ' ' ; : : : ' ' , :· ,· · ' : _; ;,� s •:-· •• - :, •- '··: : ,,,; , , • ·-·-: : ·- : - i - ' ·: � : - , r j j ) ' - ·, i : � /, f ! j ,·_ - ,· •- :·t · l; ,,,,, the armed forces (special powers) continuancb bill, 1964 a billto continue tm armed forces (special powers) regulation, 1958, for a further period ' be it enacted by parliament in the fifteenth year of the republic of india as follows: - 1 this act may be called the armed forces (special powers) short title continuance act, 1964· s z in the armed forces (special powers) regulation, 1958 (here- substitu inafter referred to as the regulation), except in section 7, for the tion of · ''n hill tu ar ,, h references expression aga � ensang ea , w erever 1t occurs, t1,e to naga expression ''state of nagaland'' shall be substituted ¥:;ls- ensang area in regulation 2 of 1958 3 in section 1 of the regulation, in aub-section (4), for the words amend10 ''six years'', the words ''seven years'' shall be substituted ment of section 1 4 in section 3 of ·the regulation, for the words ''governor of assam'', the words ''governor of nagaland'' shall be substituted amend ment of nctionl sta~nt of objects and reasonsthe anned forces (special powers) regulation, 1958, was pro-j:llulgated to confer llpecial powers on ofticers of the anned forces to enable them to aid eftectively the civil power in the disturbed areas of kohima and mokokchung districts of the then n aga hills-tuensang area though the duration of the regulation was initially confined to one year, it was extended 'from time to iime and the current extension is due to expire on the 4th april, 1964 the conditions prevailing in the areas necessitate the continuance of the regulation for a further period of one year the bill seeks to achieve this object new dbthi: lakshmi n menon the 16th march, 19m no 2 01' 1958 - - - a regulation to enable certain special powers to be conferred upon omcers of the anned forces in disturbed areas in the kohima and mokokchung districts of the nag~ huls-tuensang area - - shorttitlw: 1 (1) this regulation may be called the armed forces (special extent, commence- powers) regulation, 1958 =ti~~ (2) it extends to the kohftna and mokokchung districts of the naga hills-tuensang area (3) it shall come into force at once (4) it shall remain in force for a period of six years power tq declare areu to be disturbed areas 3 if the govemor of assam is of opinion that the whole or any part of the kohima district or the mokokchung district in the naga hills-tuensang area is in such a disturbed or dangerous condition that the use of armed forces in aid of the civu power is necessary, he may, by nowieation in the ofilcial guette, declare the "hole or any part of sueh district or districts, as the cue may be, to be a dl8turbed area , - lok sabha a bill to continue the armed forces (special powers) regulation, 1958, for a further period(shrimati lakshmi n memon, minister of sate in the ministry of external affairs)	Parliament_bills	6db9a27b-cdea-5e8e-b295-3977487af77d
bill no 90 of 2007 the payment of gratuity (amendment) bill, 2007 a billfurther to amend the payment of gratuity act, 1972be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title1 (1) this act may be called the payment of gratuity (amendment) act, 2007amendment of section 239 of 19722 in the payment of gratuity act, 1972, in section 2, for clause (e), the following clause shall be substituted, namely:—'(e) "employee" means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment, to which this act applies, but does not include any such person who holds a post under the central government or a state government and is governed by any other act or by any rules providing for payment of gratuity;' statement of objects and reasonsthe payment of gratuity act, 1972 (the act) provides for payment of gratuity to employees employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop employing 10 or more workers2 the central government had extended the provisions of the act to the educational institutions employing 10 or more persons vide this ministry's notification no so 1080dated 3rd april, 1997 the hon'ble supreme court in its judgment dated 13th january, 2004, in ahmedabad private primary teachers association vs administrative officer [air 2004 (sc) 1426] held that teachers are not entitled to gratuity under the act, in view of the fact that teachers do not answer description of "employee" who are "skilled", "semi-skilled" or "unskilled" the supreme court observed that non-use of wide language similar to definition of "employee" as is contained in section 2(f) of the employees' provident funds and miscellaneous provisions act, 1952, reinforces the conclusion that teachers are not covered in that definition para 26 of the said judgment reads as follows:—"our conclusion should not be misunderstood that teachers although engaged in very noble profession of educating our young generation should not be given any gratuity benefit there are already in several states separate statutes, rules and regulations granting gratuity benefits to teachers in educational institutions which are more or less beneficial than the gratuity benefits provided under the act it is for the legislature to take cognizance of situation of such teachers in various establishments where gratuity benefits are not available and think of a separate legislation for them in this regard that is the subject matter solely of the legislature to consider and decide" 3 keeping in view the observations of the hon'ble supreme court, it is proposed to widen the definition of "employee", in order to extend the benefits of gratuity to the teachers, by amending the same4 the bill seeks to achieve the above objectsnew delhi;oscar fernandesthe 7th september, 2007 financial memorandumthe payment of gratuity act, 1972 (the act) provides for payment of gratuity to employees employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop employing ten or more workers the bill amends the definition of "employee" in section 2(e) of the act so that teachers shall also be entitled for payment of gratuity2 the responsibility for administration of the act vests mainly in the state governments and the liability for payment of gratuity vests in the employer the employees of the central government and state governments who are getting gratuity under any other act or rules are not covered under the act however, as respects teachers employed by institutions aided by the central government, the liability on employers may involve expenditure from the consolidated fund of india the exact expenditure to be incurred on this account cannot be estimated at this stage3 apart from the above, no other expenditure of recurring or non-recurring nature from the consolidated fund of india is envisaged annexure extract from the payment of gratuity act, 1972 (39 of 1972) definitions2 in this act, unless the context otherwise requires,— (e) "employee" means any person (other than an apprentice) employed on wages in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or un-skilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the central government or a state government and is governed by any other act or by any rules providing for payment of gratuity; lok sabha————a billfurther to amend the payment of gratuity act, 1972————(shri oscar fernandes, minister of labour and employment)	Parliament_bills	7300ecec-5e8e-5792-a11c-0bc252d82ac5
the indian red cross society (amendment) bill, 1955-(as introduced in lolt sabra) the indian red cross society (amendment) bill, 1955 [as introduced in lok sabra] a billfurther to amend the indian red cross society act, 1920 be it enacted by parliament in the sixth year of the republic of india as follows:-1 this act may be called the indian red cross society (amend- shon title ment) act, 1955 s 2 sub-section (2) of section 1 of the indian red cl1)ss society ame~nt xv of 1920 act, 1920 (hereinafter referred to as the principal act), shall be of sect-on i omitted 3 in section 5 of the principal act,-amendment of section s (a) for the words "shall, within six months from the com-10 mencement of this act and subject to the condition of previous publication, make rules for the management, control", the words "may, subject to the condition of previous publication, make rules for the management, functions, control" shall be substituted; is (b) in clause (e), the word "and" occurring at the end shall be omitted; (c) after clause (e), the following clause shall be inserted, namely:-ii (ee) the powers exercisable by the managing body in supervising the activities of branch committees;" 20 4 in section 8 of the principal act,-amendment of acction 8 (a) in sub-section (1) ,-(i) the words "or in any part of pakistan" shall be omitted; (ii) after the expression "clause (a) of section 7", the s expression "and section 13" shall be inserted; (b) in sub-section (2) ,-(i) the words "or pakistan" occurring in both the places shall be omitted; , (ii) for the words "third column", the words "second 10 column" shall be substituted; (c) in sub-section (4-)', the words "or any part of pakistan" shall be omitted amendment of eection 9 amcndmetit 0:' section ii amendinent of section 12 insettion of new section 13 transfer of property to pakistan s in section 9 of the principal act, after the words "or body" where they occur for the first time, the words "whether constituted is in india or in any other country" shall be inserted 6 in section 11 of the principal act, the expression "for which the corpus or income of the property vested in it under clause (b) of section 6 may be applied under the provisions of section 7" shall be omitted 20 7 in section 12 of the principal act, after the expression "rules made under section 5", the words "and the powers of supervision exercisable by the managing b~dy thereunder" shall be inserted 8 after section 12 of the principal act, the following section shall be inserted, namely:'-25 "13 (1) notwithstanding anything contained in this act, the managing body may, from out of the funds specified in column 1 of the third schedule, transfer to the pakistan rea cross society constituted under the pakistan red cross society act, 1920, the amounts specified in that 30 schedule as being the share of the pakistan red cross society which that society has agreed to receive for being applied to the purposes for which they were held by the society (2) upon the transfer of such amounts to the pakistan red 3s cross society under sub-section (1), the society shall be freed and discharged from all obligations imposed upon it by or under this act as in force before the commence-' ment of the indian red cross society (amendment), act, 1955, or under any trust or other document in respect of 40 anything to be done in pakistan or in any part thereof" 9 for the schedules to the principal act, the following schedules ~r~~ution shall be substituted, namely:-~~or scbedujes the first schedule (see section 7)5 object8 to which the funds of the society may be applied (1) aid to the sick and wounded members of the armed forces of the union in accordance with the terms and spirit of the geneva convention of 12th august, 1949 and discharge of other obligations devolving upon the society 10 under the conventions as the recognised auxiliary ot the armed forces medical services (2) aid to the demobilised sick and woun!ied members pf the armed forces of the union (3) maternity and child welfare is (4) junior red cross (5) nursing and ambulance work (6) provision of relief for the mitigation of suffering caused by epidemics, earthquakes, famines, floods and other disasters, whether in india or outside 20 (7) the establishment and maintenance ·of peace among all nations in accordance with the qecisions of the international red cross organbation (8) work parties to provide comforts and nec~ :jil'-ments, etc, for hospitals and health institutions " 25 (9) the expenses of management of the society and its branches and affiliated societies and bodies (10) the representation of the society on or at intemauonal or other committees formed for furthering obj~cts similar to those of the society )0 (11) the improvement of health, prevention of disease and mitigation of suffering and such 'other cognate objects as may be approved by the society from time to time the second schedule (see section 8) statement showing the approximate percentage of the claim of the states to the income of the property vested in the society under clause (b) of section 6 5 \| name \| of \| states \|\|------------------------\|--------------\|-------------------------\|\| approximate percentage \| \| \|\| of \| claim \| on \|\| income \| \| \|\| of \| the \| property' velted in the \|\| so;:iety \| \| \|\| under \| clause \| \|\| (6) \| \| \|\| of \| section \| \|\| 6 \| \| \|\| 01 \| \| \|\| part a states \| \| \|\| andhra - \| \| \|\| assam \| \| \|\| bihar \| - \| \|\| bombay \| \| \|\| 10 \| \| \|\| \| 0 \| \|\| \| \| \|\| 88 \| \| \|\| madhya \| \| \|\| pradesh \| \| \|\| 5°98 \| \| \|\| 15 \| \| \|\| madras \| \| \|\| 5°,53 \| \| \|\| orissa - \| \| \|\| punjab \| \| \|\| ° \| \| \|\| uttar \| pradesh \| \|\| west \| \| \|\| bengal \| \| \|\| ° \| \| \|\| 20 \| \| \|\| part b states \| \| \|\| hyderabad \| \| \|\| 4°76 \| \| \|\| jlifilmu \| \| \|\| and \| kashmir \| \|\| 1°35 \| \| \|\| madhya bharat \| \| \|\| 4°43 \| \| \|\| mylore - \| \| \|\| patiala \| and \| \|\| bast \| \| \|\| punjab \| states union \| \|\| 2·55 \| \| \|\| rajasthan \| \| \|\| 5°26 \| \| \|\| saurashtra \| \| \|\| 3°93 \| \| \|\| travancore-cochin \| \| \|\| ·25 \| \| \|\| part \| \| \|\| estates \| \| \|\| ajmer - \| \| \|\| bhopal \| \| \|\| coorg \| \| \|\| 01 \| \| \|\| 4 \| \| \|\| delhi \| \| \|\| himacbal pradesh \| \| \|\| tripura \| \| \|\| 35 \| \| \|\| vindbya pradesh \| \| \|\| 100°00 \| \| \| (see section 13) statement showing the share of ·p,a1oiricm red crobb society in the funds specified in column 1 \| name \| of \| the \| fund \| from \|\|--------------------------\|-------------------\|----------\|--------------\|---------\|\| which \| \| \| \| \|\| transfer is \| to \| be \| \| \|\| share \| of \| pakistan \| \| \|\| red \| \| \| \| \|\| eros, \| \| \| \| \|\| socie-' \| \| \| \| \|\| ty \| \| \| \| \|\| a8 \| \| \| \| \|\| on \| 3(>-6-48 \| \| \| \|\| ma~e \| \| \| \| \|\| amount \| \| \| \| \|\| a~vanoed \| \| \| \| \|\| to \| \| \| \| \|\| pakistan red ' \| \| \| \| \|\| crosi society up \| \| \| \| \|\| to 31-12-52 \| \| \| \| \|\| 1 \| _; \| \| \| \|\| balanoe \| \| \| \| \|\| payable \| \| \| \| \|\| to pakistan \| \| \| \| \|\| ~ \| \| \| \| \|\| cross \| society \| \| \| \|\| in \| \| \| \| \|\| securities \| at' \| \| \| \|\| cost \| \| \| \| \|\| and \| \| \| \| \|\| cuh \| at \| ap-eed \| \| \|\| upon \| \| \| \| \|\| _,f \| \| \| \| \|\| 2 \| \| \| \| \|\| 3 \| \| \| \| \|\| 4 \| \| \| \| \|\| 1 \| \| \| \| \|\| \| \| \| \| \|\| \| \| \| \| \|\| ' \| \| \| \| \|\| indian red cross society \| \| \| \| \|\| rs \| \| \| \| \|\| a \| \| \| \| \|\| p \| \| \| \| \|\| 41,74,208 \| \| \| \| \|\| 6 \| \| \| \| \|\| 3 \| \| \| \| \|\| as' \| \| \| \| \|\| a \| \| \| \| \|\| p \| \| \| \| \|\| 4,04,348 \| \| \| \| \|\| ~3 \| \| \| \| \|\| 5 \| \| \| \| \|\| ri \| \| \| \| \|\| a \| \| \| \| \|\| p \| \| \| \| \|\| 37,69,859 \| \| \| \| \|\| 8 \| \| \| \| \|\| 10 \| \| \| \| \|\| r \| \| \| \| \|\| indian \| forces' medical \| \| \| \|\| after-care \| \| \| \| \|\| fund \| \| \| \| \|\| 4,81,232 \| \| \| \| \|\| 14 \| \| \| \| \|\| 0 \| \| \| \| \|\| 1,30 \| \| \| \| \|\| ,0:00 \| \| \| \| \|\| 0 \| \| \| \| \|\| 0 \| \| \| \| \|\| 3,51,232 14 \| \| \| \| \|\| 0 \| \| \| \| \|\| i - \| \| \| \| \|\| ~ \| \| \| \| \|\| i \| \| \| \| \|\| lady \| chelmsford \| \| \| \|\| aldm \| \| \| \| \|\| india maternity and \| d' \| \| \| \|\| welfare \| bureau-army \| \| \| \|\| child welfare \| fund \| \| \| \|\| 9j,225 \| \| \| \| \|\| 0 \| 0 \| \| \| \|\| 8,18~ \| \| \| \| \|\| 13 \| \| \| \| \|\| '0 \| \| \| \| \|\| ' \| \| \| \| \|\| \| 83,03i, \| \| \| \|\| 3 \| \| \| \| \|\| 0 \| \| \| \| \|\| victoria memorial scho- \| \| \| \| \|\| iarships \| fund \| \| \| \|\| 1,83,6p9 , 4 \| \| \| \| \|\| 0 \| \| \| \| \|\| 18,395 \| \| \| \| \|\| 8 \| \| \| \| \|\| o_~ \| \| \| \| \|\| 1,65,273 \| \| \| \| \|\| i,l \| \| \| \| \|\| 0 \| \| \| \| \|\| ,, \| !' \| \| \| \|\| " \| \| \| \| \|\| total \| \| \| \| \|\| 2 \| \| \| \| \|\| 5 43',69,404 \| \| \| \| \|\| s· \| \| \| \| \|\| 10 \| \| \| \| \|\| \| \| \| \| \|\| a \| \| \| \| \|\| tid-amount \| due froll\ assam \| red \| cross branch \| \|\| 3~,351 \| \| \| \| \|\| 0 \| \| \| \| \|\| 44,05,755 \| 5 \| \| jo \| \|\| dlduct-amount \| \| dy,e \| \| \|\| £r~ \| \| \| \| \|\| west punjab \| \| \| \| \|\| b~anc:h \| \| \| \| \|\| efdlf, \| \| \| \| \|\| pakistan \| red, \| \| \| \|\| i···· \| \| \| \| \|\| cross' \| '' \| \| ' \| \|\| net \| amoupt payable \| \| \| \|\| tol'akis~ \| \| \| \| \|\| red \| \| \| \| \|\| ~08s \| s~cipy \| \| \| \|\| ,, \| \| \| \| \|\| l! \| \| \| \| \|\| 44,00,212 \| 5 \| 10 \| \| \|\| ;-- \| \| \| \| \|add-interest earned on the securities in the share of the pakistan l, lted cross society from 1-7-48 to the date of transfer after 8djustina interest on the amount due from the west punjab branch of the pakistan red cross society statement of objects and reasonsthe indian red cross society was constituted by an act of the central legislature in 1920 (xv of 1920) to provide for the administration of the various monies and gifts received from the public for the purpose of medical and other aid to the sick and wounded and for other purposes of :1 like nature during the first world war and also for the administration of monies and properties held by a committee known as the joint war committee, indian brach of the order of st john of jerusalem in england and the british red cross society it was also constituted with a view to continuation in peace time, on a wider basis and with a wider purpose of the work carried on by the joint war committee and to provide for the affiliation with the indian red cross society of other societies and bodies having similar objects as a result of the partition of india in august, 1947, it has become necessary to amend the indian red cross society act, 1920, in order to authorise the indian red cross society to partition its corpus and allied funds with the pakistan red cross society and to transfer the share due to the latter in accordance with the terms mutually agreed between the two societies, the indian red cross society being at the same time discharged from all obligations imposed by the act in respect of areas in pakistan it is, therefore, proposed to amend the act to give effect to the agreement reached between the indian and pakistan red cross societies regarding the division of funds between the two societies it is also proposed to amend the act in order to enable the indian red cross society to have the necessary control over the management and procedure adopted by its branches in the states in order to ensure harmonious development of red cross services all over the country and also to enable the society to affiliate to itself societies formed in territories outside the indian union amrit kaur new delid; the 9th september, 1955 legislationunder section 5 of the indian red cross society act, 1920 the managing body is empowered to make rules for various matters specified therein it is considered desirable that the managing body should have supervisory powers over the branch committees in order to ensure harmonious development of red cross services all over the country clause 3 of the bill seeks to amend section 5 of the act for this purpose 2 the delegated legislation is of a normal character annexure extracts from the indian red cross society act, 1920(no xv of 1920) - - - - - - shon title and cxtent 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and kashmir, and to the extent to which its provisions relate to any matter in respect of which parliament has power to make laws for that state, it extends also to that state - - - - - - 5 the managing body shall, within six months from the com- powcr to mencement of this act and subject to the condition of previous make rules publication, make rules for the management, control and procedure of the society the rules may provide among other matters for the following, namely:-- - - - - - (e) the constitution of finance, medical and other committees and the delegation of powers to them; and - - - - - constitution of branch committees 8 (1) if branch committees consisting of members of the society are coristituted in any of the states in india or in any part of pakistan specified in the second schedule, then, subject to the requirements of the managing body for the purposes of clause (a) of section 7 and any provision for expenses of management, the income of the property which has been vested in the society under clause (~ of section 6 shall be distributed annually among such branch committees in the proportion shown in the said schedule, to be expended by them and at their discretion upon all or any of the objects referred to in clause (b) of section 7 (2) the central government may, by notification in the gazette of india, direct that any part of india or pakistan specified in the first column of the second schedule shall be excluded therefrom or that any part of india or pakistan not specified therein --, ; ,, shall be included therein and that the percentages specified in the third column of the said schedule shall be varied as required by any such exclusion or inclusion - - - - - - (4) no notification under sub-section (2) shall 'be made~without the consent of every branch commi~tee constituted in any state in india or any part of pakistan for the time being included in the second schedule \| affiliation \| of \|\|----------------\|--------\|\| other \| \|\| socitics \| \|\| receipt and \| \|\| u8c \| \|\| of \| lifts \|9 the managing body may also affiliate to the society any other society or body having all or any of the objects and purposes referred to in section 7, and may provide for the allocation and distribution of funds, through such society or body, to or for any such objects or· purposes - - - - - - 11 the managing body may also receive and hold gifts of whatsoever description either for the general purposes of the· society or for any particular purpose for which the corpus or income of the property vested in it under clause (b) of section 6 may be applied under the provisions of section 7, and on receipt of such gifts may, subject to the provisions of rules made under section 5, apply the same to such purposes, either directly or through branch committees, or societies or bodies affiliated under section 9 powers of branch committ=s 12 subject to the provisions of rules made under section 5, each branch committee shall have all power to regulate its own procedure and constitution, to receive gifts and expend all moneys received by it for its purposes, either directly or through other societies or bodies first schedule (see section 7) objects to which the funds of the society may oe applied(1) the care of the sick and wounded men of the armed forces of the union whether still on the active list or demobilised (2) the care of those suffering from tuberculosis, having regard in the first place to soldiers and sailors, whether they have contracted the disease on active service or not (3) child welfare (4) work parties to provide the necessary garments, etc, for hospitals and health institutions in need of them (5) assistance required in all branches of nursing, health and welfare work, ancillary to any organisations which have or may come into being in india and which are recognised by the society (6) home service ambulance work (7) provision' of comforts and assistance to members of the armed forces of the union whether on the active list or demobilised (8) such other cognate objects as may, from time to time, be approved by the society (9) the expenses of management of the society and its branches and affiliated societies and bodies (10) the representation of the society on or at international or other committees formed for furthering objects similar to those of the society second schedule (see section 8)statement showing contributions made by states in india or in any part of pakistan, to the central "our day" fund and the approximate percentage of their claim on the interest on the capital fund of the joint war committee, indian branch \| name \| of \|\|----------------------\|---------\|\| amount \| \|\| ofcontri- \| \|\| butien \| \|\| approxi- \| \|\| mate per- \| \|\| centage \| \|\| of \| \|\| claim \| \|\| on \| \|\| the interest· \| \|\| of \| capital \|\| fund \| \|\| lakhs \| \|\| uttar pradesh \| \|\| is \| \|\| 18'70 \| \|\| 8' \| 1,5 \|\| 10 \| \|\| 3' \| 14 \|\| bombay \| \|\| 1 \| \|\| western ildia stans \| \|\| 1'%,5 \| \|\| sind \| \|\| j \| \|\| " \| \|\| 10 \| \|\| j%',54 \| \|\| ii \| \|\| 13'47 \| \|\| west bengal \| \|\| 1 \| \|\| east bengal \| \|\| j \| \|\| punjab \| \|\| ~ \| \|\| west punjab , \| \|\| j \| \|---------'" central provinces 1 4"48 bihar ~ 8 5" 16 eastcrn statcs j "97 orissa 1 1"08 madras" - 5 3/4 7"25 rajputana } 4 4"20 ajmcr 67 cen~ral india 3 3·s0 gwalior i 1/3 1"62 north-west frontier 2 1/4 2"70 hydcrabad (deccan) t 3' 3"80 assam i 1/4 1·62 baluchistan i 1/4 1"62 mysorc" i 1/4 1"62 kashmir i 1"011 "~4 baroda delhi 2/5 ·54 -- a billfurther to amend the indian red cross society act, 1920 (rajkumari amrit kaur, minister of health)	Parliament_bills	ba5ef11d-aade-5317-89a4-97dec08c8d46
the slum areas (improvement and clear- ance) amendment bill, 1963 billto amend the s~um are(13 (impro'uement and clearance) act, 19158 be it enacted by parliament in the fourteenth year of the republic of india as follows:-1 (1) this act may be called the slum areas (improvement and ::::0:' clearance) amendment act, 1963 d1encemdt , (2) it shall come into force on such date as the central government may by notification in the ofrcial gazette, appoint ~ of 19,6 z in section 2 of the slum ~as (improvement and clearance) ~meb~mell' act, 1956 (hereinafter referred to as the principal act)-0 iectioii 2 10 (i) for clauses (e) and (f), the following cl§use shall be liubstituted, namely:-- (e) "occupier" includes-(a) any person who for the time being is paying or is liable to pay to the ownd the rent or any portion ot the rent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occ:upatlon of, or otherwise using his land or building; (c) a rent-free tenant of any land or building; 20 (d) a licensee in occupation of any land or buildin,; and (e) any person who is liable to pay to the owner damages for the ·use and occupation of any land or building;'; - (ii) clauses (g), (h) and (i) shall respectively be re-num-5 bered as clauses (f), (g) and (h); (iii) after clause (h) as so re-numbered, the following clause shall be inserted, namely:-'(i) "work of improvement" includes in relation to any building in a slum area the execution of anyone or more of the following works, namely: _ 10 (i) necessary repairs; (ii) structural alterations; (iii) provision of light points, water taps and bathing places; (iv) construction of drains, open or covered; ·15 (v) provision of latrines; (vi) provision of additional or improved fixtures or fittings; (vii) opening up or paving of courtyards; (viii) removal of rubbish; and 20 (ix) any other work including the demolition of any building or any part thereof which in the opinion of the competent authority is necessary for executing any of the works specified above' ~':~ , 3 in section 4: of the principal act,-(a) to sub-section (1), the following proviso shall be added, namely:-"provided that where the owner of the building is difterent from the owner of the land on which the building stands and the works of improvement required to be execu- 30 ted relate to provision of water taps, bathing places, construction of drains, open or covered, as the case may be, provision of water borne latrines or removal of rubbish and such works are to be executed outside the building, the notice shall be served upon the owner of the land"; 3s (b) in sub-section (2), after the word "building", the words "or the land on which the building stands" shall be inserted 4 in section 5 of the principal act,-amendment ot section , (a) in sub-sections (1) and (2), after the words "owner of the building" wherever they occur, the words "or of the land on which the building stands, as the case may be," shall be inserted; (b) sub-section (3) shall be omitted 5 after section 6 of the principal act, the following section shall insertion of be inserted, namely: _ ~~ iccuon 10 "6a (1) the competent authority may, by notification in the retr~io~ official gazette, direct that no person shall erect any building in :, ':11::: a slum area except with the previous permission in writing of are the competent authority (2) every notification issued under sub-section (1) shall cease to have effect on the expiration of two years from the date thereof except as respects things done or omitted to be done before such cesser is (3) every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the competent authority in such form and containing such information in respect of the erection of the building to which the application relates as may be prescribed (4) on receipt of such application, the competent authority, after making such enquiry as it considers necessary, shall, by order in writing,-(a) either grant the permission subject to such terms and conditions, if any, as may be specified in the order; or (b) refuse to grant such permission: provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused (5) nothing contained in sub-section (1) shall apply to---(a) any works of improvement required to be executed by a notice under sub-section (1) of section 4 or in pursuance of an undertaking given under sub-section (2) of sec-- tion 7; or (b) the erection of any building in any area in respect of which a slum clearance order has been made under section 10" aliielldmcdt 6 in section 10 of the principal act, for sub-section (7), the fo1-of lcctiod lowing sub-section shall be substituted, namely:-10 u (7) subject to the provisions of this act, where a slum clearance order has become operative, the owner of the land to which the order applies may re-develop the land in accordance ~ with plans approved by the competent authority and subject to such restrictions and conditions (including a condition with regard to the time within which the re-development shall be completed), if any, as that authority may think fit to impose provided that an ow~er who is aggrieved by a restriction or 10 condition so impose~ on the user of his land or by a subsequent refusal of the competent authority to cancel or modify any such restriction or condition may within such time as may be prescribed, appeal to the administrator and the administrator shall make such order in the matter as he thinks proper and his decision i, shall be final" '1 for section 11 of the principal act, the following section shall be substituted, namely:-subsftutiod ot"new iicictiod for section n power of competent authority to -develop clearance "i "11 (1) notwithstanding anything contained in sub-section (7) of section 10, the competent authority may at any time after the land has been cleared of the buildipgs in accordance 200 with a slum clearance order ;but before the work of re-de\relopment of that land has been commenced by the owner, by order, determine to re-develop the land if that authority is satisfied 'that it is necessary in the public interest to do so 2 (2) where land has been cleared of the buildings in accord-~ aee with a slum clearance order, the competent authority, if it is satisfied that the land has been, or is being, re-developed by the owner thereof in coldravention of plans approved by the authority or any restrictions or conditions ilnposed under subsection (7) of s~tion 10 or has not been re-developed within 30 the time if any specified under such conditions, may, by order, determine to re-develop the land: provided that ·before passing such order, tbe owner shall be given a reasonable opportunity to show cause why the order should not be passed": i 3' amendment of aec:tiod 13 8 to section 13 of the principal act, the following proviso shall be added namely:-"provided that where on any representation from the competent authority, the central government is satisfied that any 40 uch land or any portion thereof 15 unsuitable fdr the purposet mentioned in this section the central government may use the land or allow it to be used for such other public purpose or purposes as it may deem fit", 9 in section 15 of the principal act, in sub--section (6)-amef n~mci1l o sect loll (i) in the first proviso, for the words uin such proportion i, as he considers reasonable: ", the words "in the same proportion as the market price of the land bears to the market price of the building on the date of the acquisition," shall be substiuted; (ii) the second proviso shall be omitted 10 for section 19 of the principal act, the following section shall ~~~tution 10 be substituted, namely: -sect~on fo~ section lsi "19 (1) notwithstanding -anything co~tained in any other fo~~m: law for the time bemg in force, no person shall, except with the of telwltl previous permission in writing of the competent authority, =e~ :tll-- - out pcrmia-(a) mstitute, after the commencement of the slum sion of the i~ areas (improvement and clearance) amendment act 1963, ~:=~dt any suit or proceeding for obtaining any decree or order for u my the eviction of a tenant from any building or land in a slum area; or (b) where any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a tenant from any building or land in such area, execute such decree or order (2) every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the competent authority in such fonn and containing such particulars as may be prescribed (3) on receipt of such application, the eompetent authority, after giving an opportunity to the parties of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit, shall by order in writing, either grant or refuse to grant such permission (4) in granting or refusing to grant the permission under sub-section (3) the competent authority shall take into account the following factors, namely:-3s (a) whether alternative accommodation within the means of the tenant would be available to him 11' he were evicted; (b) whether the eviction is in the interest of improve-ment and clearance of the slum areas; (c) such other factors, if any, as may be prescribed (5) where the competent authority refuses to grant s the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant" 11 for section 20 of the principal act, the following section shall be substituted, namely:i i subttitution of new lection for aection 20 appeals "20 any person aggrieved by an order of the competent au- 10 thority refusing to grant the permission referred to in subsection (1) of section 6a or referred to in sub-section (1) of section 19 may, within such time as may be prescribed, prefer an appeal to the administrator and the administrator m~, after hearing the 'appellant, decide such appeal and his decision j, shall be fina!" 12 after section 20 of the principal act, the following sectiorul shall be inserted, namely:---l idsertien of new scc',ions 20a and lob restoration of poslcssi,n ofpremile yacated by a tenant , "20a (1) where a tenant in occupation of any building in a slum area vacates any building or is evicted therefrom on 20 the ground that it was required for the purpose of executini any work of improvement or for the purpose of re-erection of the building, the tenant may, within such time as may be prescribed, file a declaration with the competent authority that he desires to be replaced in occupation of the building after the completion of the work of improvement or re-erection of the 2s building, as the case may be (2) on receipt of such declaration, the competent authority shall by order require the owner of the building to furnish to it, within such time as may be prescribed, the plans of the work of improvement or re-erection of the building and estimates of 30 the cost thereof and such other particulars as may be necessary and shall, on the basis of such plans and estimates and particulars, if any, furnished and having regard to the provisions of sub-section (3) of section 20b and after holding such inquiry as it may think fit, provisionally determine the rent that would 3s be payable by the ·tenant if he were to be replaced in occupation of the bliilding in pursuance of the declaration made by him under su\h3ection (1) (3) the rent provisionally determined under sub-section (2) shall be communicated in the prescribed manner to the 4g tenant and the owner i i 10 (4) if the tenant after the receipt of such communication intimates in writing ~o the coippetent authority within such time as may be prescribed that when he is replaced ill occupation 0' the building in pursuance of the declaration made by him under sub-section (1), he would pay to the owner until the rent is finally determined under section 20b the rent provision~ uy determined under sub-section (2), the competenll authority 'shall direct the owner to place the tenant in occupation of the building after the completion of the work of ·improvement or re-erection of the building, as the case may be, and the owner shall be bowld to comply with such direction 20b (1) where any building in a slum area is let to - :entot tenant after th~ execution of any work of improvement or after ~~:;~p it has been re-erected, the rent of the building shall be deter- areas mined in accordance with the provisions of this section (2) where any such building is let to a tenant other than a tenant who is placed in possession of the bui1din~ in pursuance of a direction issued under sub-section (4) of section 20a the tenant shall be liable to pny to the owner-20 z5 (a) if there is a general law relating to the control of rents in force in the area in which the building is situated and applicable to that building, the rent determined in accordance witib the provisions of that law; (b) if there is no such law in force in such area, such rent as may be agreed upon between the owner and the tenant (}) where any such building is let to a tenant in pursuance of a direction issued under sub-section (4) of section 20a, the tenant shall, notwithstanding any law relatinsr to the control of rents in force in the area, be liable to pay to the owner-(a) if any work of improvement has been executed in relation to the building, an annual rent of a sum equivalent to the aggregate of the following amounts, namely:-35 (i) the annual rent the tenant was paying immediately before he vacated the building for the purpose of execution of the work of improvement; (ii) seven and a half per cent of the cost of the work of improvement; and i i (iii) seven and a half per cent of a sum equivalent to the compensation payable in respect of any land which may have been acquired for the purpose of eff~cting such improvement as if such land were acquired under section 12 on the date of the eommencement of the work of improvement: (b) if the building has been re-erected, an annual rent of a sum ~quivalent to seven and a half per cent of the aggregate cost of reconstruction of the building and the s cost of the land on which the building is re-erected explanation-for the purposes of this clause, the cost of the land shall be deemed to be a sum equivalent to the compensation payable in respect of the land if it were acquired under section 12 on the date of commencement of the 10 reconstruction of the building (4) the rent payable by a tenant in respect of any buildhig under sub-section (3) shall, on an appliction made by the tenant or the owner, be det-ermined by the authority referred to in sub-section (5): 15 provided that an application for determination of such rent by the owner or the tenant shall not, except for sufficient cause, be entertained by such authority after the expiry of ninet~· d:\vs from the completion of the work of improvement or re-ereciion of the building, as the ease may be 20 (5) the authority to which the application referred to in sub-section (4) shall be made, shall be-(a) where there is a general law relating to the control of rents in forre in the area in which the building is situate, the authority to whom applications may be made for fixing 2s of rents of buhdings situate in that area; and for the purpose of determining the rent under this section that authority may exercise all or any of the powers it has under the said generallaw; and the provisions of such law including provisions relating to appeals shall apply accordingly; 30 (b) if there is no such law in force in that area, such authority as may be specified by rules made in this behalf by the central government and such rules may provide the procedure that will be followed by that authority in determining the rent end also for appeals against the decision of such 3s authority (6) where the rent is finally determined under this section, then the amount of rent paid by the tenant shall be adjusted against the rent s:> finally determined 8ll;d if the amount so paid falls short of, or i~ in excess of, the rent finally determined, the 40 tenant shall pay the deficiency, or be entitled to a refund, as the ease may be" 13 in section 21 of the principal act,-a en ofaectiod (i) for the words "execution of any decree or order under any 21 law for the evj~tion", the words "eviction under any law" shall be substituted; (ii) for the words "the delhi improvement trust", the words "the delhi development authority" shall be substituted 14 in section 27 of the 'principal act, for the words "no building amen~ent or land", the words "save as provided in this act, no building or land" ~~~ectjon shall be substituted 10 15 in section 28 of the principal act, after the words "specified in amendment the order", the words "and for the purpose of such eviction may use ofsectioll or cause to be used such force as may be necessary" shall be 28 inserted 16 in section 32 of the principal act, in sub-section (1), for the amend:ment is words "does any act in contravention of", the words "fails to comply ~~icctlod with" shall be substituted 1'1 section 33 of the principal act shall be re-numbered as sub- amen4medt section (1) thereof and after sub-section (1) as so re-numbered, the ~~sectlod following sub-section shwl be inserted, namely:-20 "(2) for the purpose of causing any building to be demolished under sub-section (1), the competent authorlty may use or cause to be used such force as may be necessary" 18 section 36 of the principal act shall be re-numbered as sub- amendment section (1) thereof and after sub-section (1) as so r~umbered, the ofseccion a, following sub-section shall be inserted, namely:-36 "(2) the administrator may, by notification in the official gazette, delegate, t;upject to such conditions, if any, qs may be specified in the notification, any power exercisable by him under sub-seetion '(7) of section 10, section 15, section 20 and section 30 to any officer not below the rank of a district judge" 19 after section 37 of the principal i\ct, the following section shall insertion of be inserted, namely:--new icction 37a~ "37 a save as otherwise expressly provided in this act, no bar of rilcivil court shall have jurisdiction in respect of any matter which diction 3' the competent authority or any other person is empowered by or under this act; to determine and no injunction shall be granted by any court or other authority in respect of any action taken ot to be taken in ·pursuance of any power conferred by or under this aj::t" ajdeiiddledt of iectiod <$0 zoo in section 40 of the princlp31 act,-(i) in s:ub-section (2) ,-(s) after dause (b), the following clauses shall be insert~ s ed, namely:-"('bb) the form in which an application under subsection (3) of section sa shall be made and the information to be furnished and the fees to be levied in respect of such application; 10 (bbb) the manner in which inquiries may be held under sections 15 and 19;"; (b) in clause (d), after the words "be followed", the words "and the" factors to be taken into consideration" shall be ~nserted; te) in clause (e), far the word and figures "section 20", the 'words, figures and brackets "subsection (7) of section 10 or section 20" shall be substituted; (d) after clause (e), the following clauses shall be inserted, namely:-30 ii (ee) the time within which is declaration may be filed under sub-tection (1) or an intimation may be sent ,under sub-section (4) of section 20a and the fees, if any, to be levied in respect of such declaration; 35 (eee) the time within which plans, estimates and 2s other particulars referred to in sub-sedion (2) of section 20a may be furnished; (eeee) the procedure to be followed by the comp~ tent authority for axing the provisional rent under subsection (2) of section 20a; , (eeeee) the manner in which the rent provisionally determined under section 20a shall be communicated to the tenant'i iuld owners; (eeeeee) the matters in respect of which provision may be made under su~section (5) of section 20b;"; (ii) for sub-section (3), the following su~'section shall be substituted, namely:-"(3) every rule made under this section sbal1 be laid 8s loon as may be after l·t i8 made before each house of parlia ment while it is in session for a totar period of thirty days 40 wpich ld9r be comprised in one session of in two suc;cessiv' 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 modlftcatlon in the rule or both houses agree that the rule should not be made, the rule aha1l thens after have effect only in such modified form or be of no effect, u! the ("lre may be; so however that any such modiftcatlon or annulment sholl be without prejudice to the validity of aay· thing previou,ly done under that rule" statement of objects and reasonsthe slum areas (improvement and clearance) act, 1956, was enacted to provide for the improvement and clearance of slum' areas in certain union territories and for the protection of tenants from eviction 'in such areas experience of the working of the act has, however, revealed certain difficulties it is, therefore, proposed to amend the act to remove these difficulties, to facilitate and quicken slum improvement and clearance work, to require owners to restore the possession of the improved and re-developed premises to the previous tenants on payment of a reasonable rent, and to give protection against eviction to tenants such as amledars of premises in slum areas 2 the main feature!! of the bill are: (a) unauthorised building activity in slum areas will be prohibited: (b) the competent uuthority will have the power to redevelop a clearance area before this work is commenced by the owner, if it is necessary in the public interest to do so that authority will also be authorised to undertake re-development work itself' if the owner re-develops the clearance area in contravention of the plans or delays the re-dev~lopment work; (c) it will be obligatory on the owners of slums, who take up improvement or re-development work of their property, to restore possession of the ·premises to the previous ten1lnts in the improved or re-erected buildings at a concessional rent; (d) proceedings for the eviction of tenants in the slum areas will not be taken without the prior permission of the competent authority 3 the notes on clauses explain the various changes proposed to be made ' i ~: 1:;, ,, new delhi; mehr chand khanna the 24th augmt, 1963 - " president's recommendation under article 117 of the constitution of india[copy of letter no hiii-9/1/59-hi, dated the 6th september, 1963 from shri mehr chand khanna, minister of works, housing and rehabilitation to the secretary, lok sabha] the president having been informed of the subject matter of the proposed slum areas (improvement and clearance) amendment bill, 1963, recommends to the house under article 117(3) of the constitution of india the consideration of the bill clause 2-the d(;finition of 'occupier' hili been amplified to include persons who are paying or are liuble to pay rent of the land or the building and certain categories of persons in occupation of or otherwise using the land or building so as to facilitate recovery under section 6 of the act of expenses incurred in connection with the maintenance of works of improvement, etc it is on the same lines as in the delhi municipal corporation act, 1957 the detinition of 'work of improvement' besides being placed jja its proper alphabetical order has been slightly modified to include provision of bathing places clauses 3 and 4·--sections 4 and 5 of the act empower the competent authority to require by notice the 'owner of the building to execute wol'ks of improvement to the buildings in slum areas these have been found to be inadequate in cases where the owner of the land is different from the owner of the building and certain essential improvements outside the building have to be carded out, which o)n be done only by the owner of the land clauses 3 and 4 seek to amend sections 4 and 5 of the act suitably to remove this difficulty clause 5-proposed section 6a empowers the competent' authority to prohibit for a reasonable period the construction of any building or any addition nr alteration in an old building in the are~ declared as slwn areas except with its previous permission and on such terms and conditions as may be imposed in this regard this will facilitate planned improvement of slum arelli clauses 6 and 7-clause 6 substitutes existing sub-section (7) of section 10 by a new sub-section this new sub-section effects a change which is consequential to the substitution of section 11 by a new section moreover, it has been made clear in the new subsection that the competent authority may impose 8 condition as to the time limit within which re-development shall be completed proposed section 11 consists of two sub-sections proposed subsection (1) confers power on the competent authority ·to undertake re-development work in urgent cases without giving the owner an opportunity to re-develop the land proposed sub-section (2) would "pply in cases where the owner has undertaken the lrmevelopment of the land himself but the re-development is not being done in ac- cordance with the plans or has not been completed within the time specified by the competent ·authority in such cases the competent authority may by c,rder determine to re-develop the land it is, however, being provided that no such order shall be passed without dording to the owne; a reasonable opportunity of showing cause against the order proposed clause 8-the proporedproviso to section 13 is intended to make it clear thatin cases where jand acquired under the act has become or is found to be unsuitable for the purposes of slum improvement, the central government may use the land or allow it to be used for such other public purpose or purposes as it may deem fit clau'1e 9-sectbn 15 (6) is being amended to make it clear that the apportionment of compensation between the owner of the lend and the owner of the building standing on such land would be in the proportion the market priee of the land -bears at the time of acquisition to the market price of the building thereon at present the matter is left to the discretion of the competent autho~ty clause lo-under section 19, the previous permission in writing of the competent authority is required for the execution of any decree or order for eviction of ii tenant from any building in a slum urea clause 10 seeks to amend section 19 to provide that after the commencement of the amendment act, no suit for the eviction of a tenant from any building in a slum area shall be instituted except with the previous permission in ~riting of the competent authority permission at the commencement of legal proceedings would avoid inft'uctuous 1itj~tion, specific principles for guiding the competent authority in dealing with the 8pp1icationc; for the grant 'of sanction to sue are laid down the existingprovisi(1t!!'; will continue to apply in relation to the pending suit!:: or other pr('lc'eed'in~ for eviction or deerees or orders already passed clause 11-this seeks to provide also for a right of appeal from orders of the competent authority refusing to grant permission under the proposed section 6a (vide notes on clause 5) claw! 12-proposed section 20a seekf! to impose, in the circumstances mentioned in that secti,on, an oblilt3tion upon the owner of a building to replace a tenant, who has vacated' the building to facilitate 'the execution of any works of improvement or the re-erection of the building, after the completion of such works of iml)rovernent or rebuilding proposed section 20b provides for determination of rent of buildings in a slum area let out after the execution of any work of improvement or re-erectfon of the building in the case of an old tenant replaced in possession of ,the building in pursuance of the provisions of proposed section 20a, a concessional rent is pr~scribed afld in the case of other tenants the provisions of the general rent control law are sought to be made applicable clau~els 13 and 14-the amendments are of a consequential and clariftcatory nature clauses 15 and 17-sections 28 and 33 of the act are sought to be modified by clauses 15 and 17 respectively so as to give power to the competent authority to use minimum reasonable force necessary in "the enforcement of orders for vacation or demolition of a building clause l6-the change is of a dmfting nature c14use l8-proposed sub-section (2) of section 36 empowers the administrator to delegate his power of hearing appeals to any officer not below the rank of a district judge clau~e 19--proposed section ma provides for bar af jurisdiction of civil courfs in respect of matters which the competent authority or any other person is empowered to determine under the act and further provides that no court or nuthority shall have the power to grant any injunction in respect of any action taken or to be taken in pursuance of any power conferred by or under the act this is to facilitate speedy execution of slum improvement and clearance work c'l4use 20-the changes made are idfinly of a consequential nature financial memorandum·clause 7 of the bill enables the competent authority to undertake rec:levelopment of slum cleaqmce areas himself if he is satisfied that it is necessary in the public inlcl'cst lo du w he would thus have greater discretion in undertaking re-of'velnpment work than under e"isting section 11, as before' ordinarily, the re-development work would be left to be done by the ·owners themselves however, in view of the proposed amcndment the competent authority may now wldert'lke re-developrrfent work, in a larger number of cases and this may involve· additional expenditure inasmuch as the circumstances under which the competent authority will exercise his powers are uncertain, it is -11et possible to state exactly the likely expenditure, though· according to present e~timates, it is expected to be about fifteen lakhs per annum z under clause (5) of proposed section 20b (vide clause 11 of the bill), final determination of the rent in respect of buildings replaced in possession of the tenant~ in slum areas will be made by the authorities under the general law relftting too the control of rents in force in the area in which thc buildings are situate; in regard to areas in which no such law is in force, provision is made for prescribing a suivable authority for the purpose by rules the existing officers of the govemm~nt will be prescrib~d as the appropriate authorities for determining rents in cases where rules are made for the purpese and therefore no ad"ltjonaj expenditure 1 likely to be !1'1eurred 01\ w, 1cco\lj\, -- ,-' i - , clause' 26 of the mn amends sub-section (2) of seclion 40 at 'the act to empbwer the central government to make rules in·retattc:m:'td certain additi'onat matters the additional matters relate, mter afta, to die fdrm in wh1ch an app1i~tion under sub-section (3) of~' secti6n~a mall be made, the information to be :furnished _lfth fees to be' levied in respect of such applications, the il1&iul'el' ira- ~ enquiries may be held under section 15 and proposed aeetton 'ft,' me ecmrtlonal' factors'to be taken into conslcteration in gran'hnt-ar refusfftg' an: app1ieation under sub-section (1) of propoiied ·be<itit)n ·tt, &he- time within which a declaration may be fthd under sab-seetlon (1) of i"!'b~ seetion 20a and the fees to be levied ili're8peet of' suehtjeetaratioh, 'the procedure to be followed for fudttg' provisltm'ld rent under sub-section (2) of proposed section !ta these ms;t~ pm;tain to procedure form or detail and as such the deleptien of lq'ismive power is of a normal character and clearance) act, 1956(96 of 1956) - - - - - chapter iprellminary - - - - - 2 ,fa -tbia· a~, ,~esl the context otherwibereq~ires,-- - - - - le) "work of improvement" includes in relation to 8j1t building in a alum area the execution of anyone or more oftbe following works, namely:-~i) necessary repairs; (ii) structural alterations; (iii) provision of light points add water tapa; (iv) cons~ruction of drains, open ,or covered; (v) provision of latl"ines; (vi) provision of additional or improved ibttures or 'ftftinp; (uiij ~idiup or paving of cow:t yards; (viii) removal of rubbish; and ,(~) 80j other wort including the demoliti9l1 of any bui1di~ or any part tbereof which in the opinigd of the ~petedt ~tam'ity is necessary for execu~ aay 01 \\(qi'ki ~ified -8qove; -m '~capier" iticludes an owner in occupation of or otherwise using his own land or building; (g) "owner" iftcludes any person who is recetvldg at e~ to reqaive the r-ent of any buil~~g or land wbether ca his own account or on behalf of himaelf and ·ethers or _ or t~s~e, or who would so receive the rent or be entitled to 'rec~ive itif the b\lild,ing or land were let to a tenant; (h) "prescribed" means prescribed by rules made under this act; and (i) "slum clearance" means the clearance of any slum area by the demolition and removal of buildings therefrom - - - - - chapter iii slum improvementpower of competfdt authortiy to require improvemedt of buildings udjit for humao habitation 4 (1) where the competent authority upon report from any of its officers or other information in its possession is satisfied that any building in a slum area is in any respect unfit for human habitation, it may, unless in its opinion the building is not capable at a reasonable expense of being rendered so fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therei and stating that in the opinion of the authority those works will render' the building fit for human habitation (2) in addition to serving a notice under this section on the owner, the competent authority may serve a copy of the notice on any other person having an interest in the building whether as lessee, mortgagee or otherwise - - - - - enforcement 5 (1) if a notice under section 4 requiring the owner of the of dc?(c:e building to execute works of improvement is not complied with, requlrlnl h f h " f h' 'fi d' th 'th execution of t en a ter t e expiration 0 t e time speci e m e notice e ~ol'ks of competent authority may itself do the works required to be done by improve_ , ment, the notice, - (2) all expenses incurred by the competent authority under this section, together with interest at such rate as the central government may by order fix, from the date when a demand for the expenses is made until payment, may be recovered by' the competent authority from the owner of the building as arrears of land revenue: provided that if the owner proves that he-(a) is receiving the rent merely as agent or trustee for some other person; and (b) has not in his hands on behalf of that other person sufficient money to satisfy the whole demand of the authority, his liability shall be limited to the total amount of the money which he has in his hands as aforesaid (3) if the owner of the building is different from the person who owns the land on which the building stands and the expenses incurred by the competent authority under this section are recoverable from both these persons, then, such expenses shall be recovered from them in such proportion as may be determined by the competent authority or by an officer empowered by it in this behal! - - - - - chapter ivslum clearance and re-development - - - - - 10 (1) - - - - - - slum clearance order (7) where a slum clearance order has become operative, no land to which the order applies shall be re-developed except in accordance with plans approved by the competent authority and except subject to such restrictions and conditions, if any, as the competent authority may think fit to impose: provided that an owner who is aggrieved by a restriction or condition so imposed on the user of his land or by a subsequent refusal of the competent authority to cancel or modify any such restriction or condition may at any time appeal to the administrator and the administrator shall make such order in the matter as he thinks proper and his decision shall be final - - - - - 11 where land has been cleared of buildings in accordance with pf)\\'er of a slum clearance order, the competent authority may, at any time :ili~~:;~o after the expiration of twelve months from the date on which the re-devclop d b clearance or er ecame operative, by order, determine to re-develop any land arca or an y which on the date of the making of the order has not been, or is pan thereof not in the process of being, re-developed by the owner thereof in accordance with plans approved by the authority and any restrictions and conditions imposed under sub-section (7) of section 10 · ' chapter v- - acquisition of land - - - it where any land in a slum area or clearance area has been land ieacqdftoed under this act the central government shall make the ~rcctlb6ov_ land available to the competent authority for the purpose of execut- mm':t to ing any work of improvement or carrying out any order of demolition be'lm~e vi! able to or for the purpose of re-development the compe-- - - - - tent authority determination of compensation u (i) - - - - - (6) where there is any building on the land in respect of which the net average monthly income has been determined, no separate compensation shall be paid in respect of such building: provided that where the owner of the land and the owner of 'a building on such land are different, the competent authority shall apportion the amount of compensation between the owner of the land and the owner of the building in such proportion as he considers reasonable: provided further that the compensation in respect of the building shall not in any case exceed fifty per cent of the totl amount of, compensation which has been determined in accordance wita the provisions of this section - - - - - chapter vi proteotion of 'lbnants in slum abbas form evic\'ioj(ten tl in ~9 (1) notwithstanding anything contained in any other law alum areas for the time being in force, no person who has obtained anydec~ :'k::l!ith- or order for the eviction of a tenant from any building ill a ,a1wn out permi8- area shall be entitled to execute such decree or order except with !!,c;;:p::: the previous permission in writing of the competent authority authority (2:) every person desiring to obtain thepermisiioll nfermi to m bubo-settion (l) shall make anapplic8tion in writing to the cem-,etent authority in such form and containing s\lch,particw8i'i - y 'de prescribed i (3) on receipt of such application the competent authortty, after giving an opportunity to the tenal'lt of being heard and afte}' making such summary inquiry into the ekcumstances of the ease as it thinks fit, shall by order in writing either grant such pemiiltbton or refuse to grant such permission ,, (4) where the competent authority refuses to grant the permission it shall record a brief statement of the reasons for iuch refusal ond furnish a copy thereof to the applicant - 2lt any person aggrieved by an order of the competent 'a~ol1ty refusing to grant the permission referred to in sub-section (f) -6f section 19 may, within such time as may be prescribed, prefer 'an appeal to the administrator and the decision of the administrator on such a'ppeal shall be final: 'i" • nothing in this chapter shall apply to or in relation to the· cbaptjr not e3tetutfon of aay decree or qrder under any law for the eviriim of' !~i~rfo1 0\0 a"~nt from any building in a slum area belonging to the govtena~t flud h certain et1uwent,the delhi improvement trust or any local aut onty buildinjl chapter viimiscella1'ii'eous - - - - - 27 no building or land shall be entered without the consent of own the occupier, or if there i'3 no occupier, of the owner thereof and no ~;~;n:oo=isuch entry shall be made without giving tlie said occupier or owner, obtained as the case may be not le:>s th:m twenty-four hours' written notice of the intention to make such entry: provided that no such notice shall be necessary if the place to be inspected is a shed: for cattle or a latrine, urinal or a work under cql1'struction " 28 where the competent authority is satisfied either upon a repre- power of (lentation trom the owner of a building or upon other information in eviction ~o d its possession that the occupants of the building have not vacated it ~,~;~b! 'n pursuance of any notice, order or direction issued or given by the qompe!-cnt uthottty, the authority shall, by order, direct the eviction of the a"thorltf' ck'-fupams' frem· fide buildmg in such manner and within such t~q fis maybe specified in the order: i'royicied th,at before making any order wilder this section the e&mpetent authority shau live a reas0bable opportunity to th& occ\jro »&uta oj thebwldini to show cause why they; should not -be evicted tgewromi i - •• - - - 32 ~) whoever ioes any act in contravention of any notice, , order or direction issued or given under this act shall be punishable penalties with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both - - - - - ~ where the erection of any building has been commenced, or order, ~f i be, d t h be ltd' t t' f demolition s mg carrie ou, or as en comp e e , in con raven ion 0 any of buil$linga restriction or condition imposed under sub-section (7) of section 10 in cenain or a plan for the re-development of any clearance area or in contra- catel vention of any notice, order or direction i9sued or given under this act the competent authority may, in addition to any other remedy that may be resorted to under this act or under any other law, make in order directing that such erection shall be demolished by the owner thereof within such time not exceeding two months as may be specified in the order, and on the failure of the owner to comply with the order, the competent authority may itself cause the ereetion to be demolished and the expenses of such domolition shall be recoverable from the owner as arrears of land revenue: power to delelatc provided that no such order shall be made unless the owner has been given a reasonable opportunity of being heard - - - - - 36 the competent authority may, by notification in the official gazette, direct, that any power exercisable by it under this act may also be exercised, in such cases and subject to such conditions, if any, as may be specified in the notification, by such officer or the local authority as may be mentioned therein - - - - - =rr~el 40 (1) the central government may, by notification in the a lcial gazette, make rules to carry out the purposes of this act (2) in particular and without prejudice to the generality of the )regoing power such rules may provide for all or any of the fol, owing matters, namely:--2 - - - - - (d) the procedure to be followed by the competent authority before granting or refusing to grant permission under section it: - - - - - (3) all rules made un<ler this section sha~l be, laid for dot leu thad, thirty days before both housel of parliament,' as sooll u ,,ible after they are made, and shall be subject to suell modifie,tlodi u parliament may make during the sea lion in which they are 'if) laid or the session immedtately following '" - - - - - - ~ -'" a billto amend the slum areas (improvement and clearance) act, 1956 ; (shri mehr chand khanna, minister of works, housing and rehabilitation )	Parliament_bills	6b204d3b-920e-53f1-81b4-ffe753367a30
bill no 46 of 2012 the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) amendment bill, 2012 byshri arjun meghwal, mp a billfurther to amend the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994be it enacted by parliament in the sixty-third year of the republic of india as follows:—(prohibition of sex selection) amendment act, 2012and commencement insertion of new section 16bselection) act, 1994 (hereinafter referred to as the principal act), after section 16a, the following section shall be inserted, namely:—constitution of district working committee5"16b (1) the state supervisory boards and the union territory supervisory boards constituted under sub-section (1) of section 16a shall constitute district working committees in each district under their respective jurisdiction for the purpose of discharging their functions, particularly those referred to in clauses (i), (iii) and (iv) of sub-section (1) of section 16a, at district level in an efficient manner:provided that the district working committees may perform such other functions as may be assigned to them from time to time by respective state supervisory boards or the union territory boards, as the case may be(2) the district working committee shall consist of,—10(i) an officer not below the rank of additional district magistrate—chairperson, ex-officio;(ii) chief medical officer of a government hospital—member, ex-officio;(iii) five eminent women activists representing women's organization—members; and15(iv) ten persons representing reputed social organizations actively working in the district for at least ten years for prevention of determination of sex or female foeticide—members20(3) the district working committee shall meet at least once in every three months and the quorum to constitute a meeting of the committee shall be one-third of the total number of members of the committee(4) for the purpose of performing its functions and activities, the district working committee shall follow such procedures as the state supervisory board or union territory supervisory board, as the case may be, may specify"amendment of section 22253 in section 22 of the principal act, in sub-section (3), for the words "imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees", the words "imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees" shall be substituted4 in section 23 of the principal act,—amendment of section 2330(i) in sub-section (2), for the words "five years", the words "ten years" shall be substituted35(ii) in sub-section (3), for the words "imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees", the words "imprisonment for a term which may extend to five years and with fine which may extend to one lakh rupees for the first offence and for any subsequent offence with imprisonment which may extend to ten years and with fine which may extend to two lakh rupees" shall be substituted405 for section 25 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 2545"25 whoever contravenes any of the provisions of this act or any rules made thereunder, for which no penalty has been elsewhere provided in this act, shall be punishable with imprisonment for a term which may extend to six months or with fine, which may extend to ten thousand rupees or with both and in the case of continuing contravention with an additional fine which may extend to five thousand rupees for every day during which such contravention continues after the conviction for the first such contravention" statement of objects and reasonsthe pre-conception and pre-natal diagnostic techniques (prohibition of sex selection)act, 1994 was enacted with a view to prevent unscrupulous use of ultrasonography scans to determine the sex of the unborn child however, there has been no effective implementation of the provisions of the act to prevent female foeticide across the country one of the prime reasons for it is that there is no effective machinery available at village level to district level in the state to create awareness among the masses about female foeticide and to check the increasing offences therefore, it is necessary to provide a mechanism in the act itself for constitution of district working committees comprising of social workers and officials of district administration in every district to create awareness among the masses and to implement the provisions of the act there is also a need to provide stringent punishment under the act so as to deter people from committing offencesthe bill seeks to provide for— (a) constitution of district working committees at district level to create awareness among the masses and to check increasing offences of female foeticide in every district; and(b) enhancing the penalty for contravention of the act so as to deter people from committing such offenceshence this billnew delhi;arjun meghwalmarch 27, 2012 financial memorandumclause 2 of the bill provides for the constitution of district working committees in every district of the states and union territories the district working committee shall consist of representatives of women organizations and social organizations working to prevent determination of sex or female foeticide in the district the state governments have to bear the expenditure in respect of travelling allowance, etc to be paid to the members of the district working committees from their respective consolidated funds however, the central government have to bear the expenditure in respect of district working committees to be constituted in the union territories the bill, therefore, if enacted, would involve expenditure out of the consolidated fund of india it is estimated that an annual recurring expenditure to the tune of rupees one hundred crore is likely to be involveda non-recurring expenditure to the tune of rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of the bill these rules will relate to matters of detail only the delegation of legislative powers is, therefore, of a normal character annexure extract from the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994 (act no 57 of 1994) 22 (1) (2) (3) any person who contravenes the provisions of sub-section (1) or sub-section (2)shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention23 (1) offences and penalties(2) the name of the registered medical practitioner shall be reported by the appropriate authority to the state medical council concerned for taking necessary action including suspension of the registration if the charges are framed by the court and till the case is disposed of and on conviction for removal of his name from the register of the council for a period of five years for the first offence and permanently for the subsequent offence(3) any person who seeks the aid of any genetic counselling centre, genetic laboratory, genetic clinic or ultrasound clinic or imaging clinic or of a medical geneticist, gynaecologist, sonologist or imaging specialist or registered medical practitioner or any other person for sex selection or for conducting pre-natal diagnostic techniques on any pregnant women for the purposes other than those specified in sub-section (2) of section 4, he shall, be punishable with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees 25 whoever contravenes any of the provisions of this act or any rules made thereunder, for which no penalty has been elsewhere provided in this act, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one thousand rupees or with both and in the case of continuing contravention with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention\| \|\|---------------\|\| penalty for \|\| contravention \|\| of the \|\| provisions of \|\| the act or \|\| rules for \|\| which no \|\| specific \|\| punishment is \|\| provided \|————abillfurther to amend the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994————(shri arjun meghwal, mp)gmgipmrnd—83ls(s3)—19042012	Parliament_bills	de13e669-d059-5226-9559-d481146e3dd5
the sick industrial companies (special provisions) bill, 1985 arrangement of clauses chapter i preliminary clauses1 short title, extent, commencement and application 2 declaration 3 definitions chapter ii board and appell;an: authority for industrial and financial reconstruction4 establishment of board 5 constitution of appellate authority 6 term of office, conditions of service, etc, of chairman and other members 7 removal members from office in certain circumstances 8 secretary, oftlcers and other employees of board or appellate authority 9 salaries, etc, be defrayed out of the consolidated fund of india 10 vacancies, etc, not to invalidate proceedings of board and appellate authority 11 members and staff of board and appellate authority to be public servants i2 constitution of benches of board or appellate authority 13 procedure of board and appellate authority 14 proceedings before board or appellate authority to be judicial proceedings chapter iii references, inqt11ries and schemes15 reference to board 16 inquiry into working of sick industrial companies 17 powers of board to make suitable order on the completion of inquiry 18 preparation and sanction of-schemes 19 rehabilitation by giving financial assistance (i) 'clauses20 winding up of sick industrial company 21 opei'ktlhg agency to prepare complete inventory, etc 22 suspension of legal pr~dings contracts, etc chapter ivproca:dinas in case of potentially sick industrial companies, misfeas-ance procileduf~ appeals and miscellaneous , 23 loss of 50 per cent net worth by industrial companies \ 24 misfeasance proceeditlgs 25 appeal 26 bar of juri~ction 27 delegation of powers 28 returns and information 29 power to seek the assistance of chief metropolitan magistrate and district magistrate 30 protection of action taken in good faith 31 saving of pending proceedings 32 effect of the act on other laws 33 penalty for certain offences 34 offences by companies 35 power to remove difficultie1 36 power to make rules the schedule a billto make, in the public interest, special provisions with a view to securing the timely detection of sick and potentially ii/:k companie8 owm,g ind1j,8tr;al undertakings, the speedy determination by a board of e~ert~ of the preventive, ameuorative, remedial and other measures which need to be taken with respect to such comp&nie8 and the e:z:peditioub enforcement of the measures so detennined and for matters co'ltnecied therewith or incidental thereto be it enacted by parliament in the thirty-sixth year of the republic of indi,a as follows:-chapter i preliminary5 1 (1) this act may be called the sick industrial companies (~p"cial provisions) act, 1985, (~) it extends to the whole of india (3)- it shall come into force on such date as the central govemm'3nt may, by·notiftcatioll in the official gazette, appoint and di1ferent dates may 10 be appointed for different ~rovisions of this act and any reference in any short title, extent, commencement and application provision of this act to the commencement of this act shall be construed as a reference to the commencement of that provision (4) it shall apply, in the first instance, to all the scheduled industrles other than the scheduled industry relating to ships and other vessels drawn by power 5 (5) the central government may, in consultation with the reserve bank of india, by notification, apply the provisions of this act, qll and from such date as may be specified in the notification, to the scheduled industry relating to 'ships and other vessels drawn by power declaration 2 it is hereby declared that this act is for giving effect to the policy 10 of the state towards securing the principles specified in clauses (b) and (c) of article ·39 of the constitution deftni-3 (1) in this act, unless the context otherwise requires,-tiona ('a) uappellate authority" means the appellate authority for industrial and financial reconstruction constituted under section s; 15 (b) "board" means the board for industrial and financial reconstruction established under section 4; (c) uchairman" means the chairman of the board or, as the case may be, the appellate authority; (d) "company" means a company as defined in section 3 of 20 fhe companies act, 1956, but does not include a government com-1 of 1958 pany as defined in section 617 of that act; (e) "industrial company" means a company which owns oine or more industrial undertakings; (f) uindu'strial undertaking" means any undertaking pertain- 25 ing to a scheduled industry carried on in one or more factories by any company but does not include (i) an ancillary industrial undertaking as defined in clause (aa) of section 3 of the industries (development and regulation) act, 19s1; and 3065 of1951 (ii) a small scale industrial undertaking as defined in clause (j) of the aforesaid section 3; (g) "member" means a member of the board or, as the case may be, the appellate authority and includes the chairman thereof; (h) "notification" means a notific~ticm published in the om- 35 cial gazette; (i) "operating agency" means any public 1fnancial institution as may be specified by general or special order as its ageney by the board; (j) "prescribed" means prescribed by rules made under this 40 act; 1'me£ip<-industrialcompanies (special-irov~ti i~ 1985--(la bajas introduced in ltk sabha) l ___ _ p-age t1) line 11 against clause tin 1-i after ttremova~ "of" 2 page (ii) line 8 against clause-na23-ie£ "50 ~~ cent" ¥ "fifty per cent" ~3~ line 1,-~_ ~read "in-sti:tution" 4 - ,-page 4, against line 3, in the marginal citarton-for "43 of 1951" read "63 of 1951" ----- sfter --"'(;l~_ omit 6 1 page 5, line 43,-for "until" read "till" 7 page 6, line 6,- after "schedule" omit "to this act" -8 for "bas~" read "ban~" --9 page 9, line 8,-line 2,-"eftcumberances" ,after "respect to" read "such company" r · page 12, read -"encumbrances" n encumbrances" for -u page 12, i<l£ line 3,-- "encumberances" 12 page 13, line 5,-, 12£ "sub-sectien (4)" read "sub4;&<::uen (5)" \ ' for "said" read "sie'<" -f or-- - ~··-cent1t read "f ifty per eent" -' -i 15 page 16 line 7,-read -16~ page 16 lin 42-for "interest"-: read -" interest" ~ ,-, ---' 17 page 17, line·14-!2£ "if deems" £!£ "it deems" 16 _ page '17 line 23-is: "llmitat~rrjf·"'··"read --!!-limitations" '-'--'19 __ t'3q~ 17 line 24,-for iif or" read "or" - ~ ~" p'~'je 17 line 25',-i2!: ~,~ 1j"1:~ons"" ~ "personft 2:1 page 17, line 29-for "sub-section" read·ti-sub-sections" -_ , 22 page· 17, lines 28 and 29,-i2!: "sub-l-sectiljri (4)" read "and (4)" 23 page 18, line 12,- for "magistrate ef'j'fead "magistrate or" 24 page 18, line 15,-for "be" read " lie" --~ 2'5 page 18, line 30-iet "and urban" ~ ft and the' urba~" 26 page 18 against line 31, in the marginal eitation-27 - for "33 to 1976" read "33f 1976" - ' pag9 18, 11ne 42,-~ after "'any" ~ •• it 5 anct ioned" 29 page 19, line 41,- aftef "secretary" insert-"and fl'ther f)ff icers and employees" 29 page 21, line 1~,-i<2£ "owned" ~ "ewning" 30 page 23 line 17,-~ "1e'ls" ~ "less" 31 page 23, line 20-!2£ "existin~" ~ "excee~ingn 32 page 23, line 1 fr~m bettom-for "auhority" r~ad " authorityr --33 page 25, line 9,-!i?£ " enquiry" read " inquiry" 34 page'2,), line 2'),-lo!: "ind usria 1" read "industria 1" 35 page 26, line 7 frnm bottr"lm,-fer " comitted" lic!1 " cemmitted" -36 page 28, line ?4,-foi' "clj'jse 19(1)" read "clause 19" --37 • page 29, line 17,-for "commencement of the ~ct" -:read "the assent f the pres ident" -new delhi; h ra 6,907 (saka)(k) "public financial institutions" mean& any of the following institutions, namely:-(i) the industrial credit and investment corporation of 7 of 19135 india limited, a company formed and registered under the companies act, 1913; 15 of 1948 10 18 of 1964 (ii) the industrial finance corporation of india established under section 3 of the industrial finance corpw'ation act, 1948; (iii) the industrial development bank of india, established under section 3 of the industrial development bank of riuiia act, 1964; (iv) the industrial reconstruction bank of india established under section 3 of the industrial reconstruction bank of india act, 1984; 62 of 18m 15 (v) such other institutions as the central government may, by notification, specify: provided that no institution shall be so specified unless it has been established or constituted by or under any central act, or not less than fifty-one per cent of the paid-up share 20 capital of such institution is held or controlled by the central gdvernment or by anyone or mme of the institutions mentioned in sub-clauses (i) to (iv) or partly by the central government and partly by one or more of the institutions mentioned in subclauses (i) to (iv); \ (l) "reserve bank" means the reserve bank of india constituted under section 3 of the reserve bank of india ·act, 1934; 2 of 19m 2 of 1934 65 of 1951 (m) "scheduled bank" means a bank for the time being included in the second schedule to the reserve bank of india act, 1934; (n) "scheduled industry" means any of· the industries specified for the time being in the first schedule to the industries (development and regulation) act, 1951; (0) "sick industrial company" means an industrial company (being a company registered for not less than seven y~ars) which has at the end of any financial year accumulated losses equal 35 to or exceeding its entire net worth and has also suffered cash losses in such financial year and the financial year immediately preceding such financial year explanation-for the purposes of this clause-(i) "cash loss" means loss as computed without providing 40 for depreciation; 45 (ii) "net worth" is the sum total of the paid-up capital and free reserves; (iii) "free reserves" means all reserves credited out of the profits and share premium account but does not include reserves credited out of re-evaluation of assets, write back of depreciation provisions and amalgamation; (p) "state level institution" means any of the following institutions, namely:-(i) state financial corporations established under section 3 or section 3a and institutions notified under ection 46 of the state financial corporations act, 1951; 43 of 1951 (ii) state industrial development corporations registered under the companies act, 1956; 5 1 of 1958 (iii) such other institutions, beini companies and not being public financial institutio~s, el)gaged in the development or financing of industrial undertakings, as the central government may, by notification, specify: provided that no institution shall be so specified unlels not less 10 than fifty-one per cent of the paid-up share capital thereof is held by any state government or gqvernrn~nts or by any inlltitution or institutions mentioned in sub-clauses (i) and (ii) or partly by one or more public financial institutions or institutions mentioned in subclauses (i) and (ii) and partly by one or more state governments 15 (2) (0) words and expressions used and not defined in thi; act shall have the meanings, if any, respectively assigned to them in the companies act, 1856 1 of 1958 (b) words and expressions used but not defined either in this act or in the companies act, 1956 shall have the meanings, if any, :lo 1 of 1958 respectively assigned to them in the industries (development and regulation) act, 1951 65 of 1951 (3) any reference in this act to any other enactment or any provision thereof, shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the 25 corresponding ·law or the relevant provision of the corresponding law, if any in force in that area chaprer ii board and appella'n aumority for indtrstlual and fua¥cial riloonstbuctiox ~~o:rtabliahment of board 4 (~) with eilect from sucla lllate as the central govemment may by netifieatioa, appoint, tbere hall beestablisbed - board to be known the ''board lor indutrial and financial beeonlltnu:-tion" to e::erci the jurisdiction aad powers and diaeharge the _ctins and duties eoaferred 01' imposed on the boani by or liuer 35 this act (2) 'lhe board shall consist of a chairman and not less than two and not more than fourteen other members, t~ beappoidted by the central government (3) the chairman and other members of the board sball be 40 persons who are or have been or are qualified to be hirh court judges, or persons of ability, integrity and standing who have $pecial knowle~ge of, and professional experi~nce of not less than twenty years in science, technol!jgy, economics, banking indu'stfy, law, ~bdur matters, indtmtrial finance, industrial manjlgement, industrial recolns- 45 trumon, administration, investment, accountancy, marketing or any other matter, the special lmowledge of, or professional experience in wl:lich, wo11ld ·in the opinion of the central government jje useful to the board constitution of appellate aufhority 5 i (1) the central government may by':botilcation, eonstitute, with effect hom sueh date as may be specified thereia, an appellate authority to be called the "appellate authority for industr!al aild financial beeonstruction" consisting of a chairman and dot more than three other members, to be appointed by that government, for hearing appeals against the orders of the board udder this act (2) the chairman of the appellate authority shall be a person who is or has been a judge of the supreme court or who is or has been a judge of a high court for not less than five years 10 (3) a member of the appellate authority shall be a person whd is 01" has beed a judge of a high court or who is or has been an ofticer not below the rank of a secretary to the government of india or who is or has been a member of the board for not less than three years 15 6 (1) before appointing any person as the chairman or other member, the central government shall satisfy itself that the person does not and will not, have any such financial or other int~rest as is likely to affect prejudicially his functions· as such member 20 (2) the chairman and every other member shall hold office for such period, not exceeding ftve years, as may be specified by the central government in the order of his appointment, but shall be eligible for reappointment: tenn of oftlce, conditions of service, etc, of chdrman and other mc'ml;"t!> provided that no person shall hold office as the chairman or other member after he bas attained the age of sixty-five years (3) notwithstandihg anything contained in sub-section (1), a member may-(a) by writing under his hand and addressed to the central government resign his office at any time; (b) be removed from his office in aecordance 'with the provisions of section 7 (4) a vacancy caused by the resignation or removal of the chairman or any other member under sub-section (3) or otherwise shall be filled by fresh appointment -(5) in the event of the occurrence of a vacancy in the oftlce of 35 the chairman by reason of his death, resignation or otherwise, neb one of the members as the central government may, by notuic:etkm, authorise in this behalt shall act as the chairman till the date oil which a new chairman, appointed in accordance with the provisiqns of this act to fill s~ch vacancy, enters upon his office 40 (6) wmn the chairlda!1 is 'udilble to dise~ his :functions 0widg to abtedee, iljj'less or lilly other cause, sudl one of the members as the chairman may authorise in writing in this behalf, shall discharge the functions of the chairman; untiltbe date on whieh the chairman resumes his duties -45 ~1) the !aries ami adbwiiiieeii payable ad tile -8tiaer and ee -t , tile cijairiua otjr me__ be oja may be preiw: provided that neither the salary and ahowances nor the other terms and conditions of service of the chairman or any other mein~ shall be varied to his disadvantage after his appointment (8) the chairman and every other member shall before entering upon his office, make a declaration of fidelity and secrecy in the form 5 set out in the schedule to this act (9) the chairman or any other member ceasing to hold office as such shall not hold any appointment or be connected with the mana~ement or administration in any campany in relation to which any matter has been the subject matter of consideration before the board 10 or, as the case may be, the appellate authority for a period of five years from the date on w;hich he ceases to hold such office 7 (1) the central government may remove from office any member, who--(4) has been adjudged, as insolvent, or j 5 'removal of memb,·ii; frolll office ,in ct:t1aid circumstances (b) has been convicted of an offence which, in tbe opinion of the central government, involves moral turpitude, or (c) has become physically or mentally incapable of acting as a member or (d) has acquired such financial or other interest as is likely to 20 affect prejudicially his functions as a member, or (e) has so abused his position as to render his continuance in office prejudicial to the public interest (2) notwithstanding anything contained in sub-section (1) no' member shall be removed from his office on the ground specified in 25 clause {d) or clause (e) of that sub-section unless the supreme court on a reference being made to: it in this behalf by the central government, has on an inquiry held by it in accordance with such procedure as it may specify in this behalf, reported that the member ought, on such grounds, to be removed 30 8 (1) the central government shall appoint a secretary to the board and a secretary (by whate'ver name called) to the aptjellate authority to exercise and perform, under the codtrol of the ,chairman, such powers an~ duties as may be prescribed or as may be ipecified by the chairman 35 sf'tre_ tary, officers and other emplo-y(1!s of board or appel late authority (2) subject to such restrictions and' conditiods as may be preseribed, the board or, as the case may' be, the appellate authority may appoiat sueh other oiieers and employees as may be necessary for the efficiedt performance 'of its functions (3) ~he eajari and auowaneet payable to and the conditioas of ser- 40 vice of the seeretarj and other omcen add employees ,of the board aad the appellate authority shall be such as may be pretcrllted: provided that such secretary, officer or othe: employee shall, before entering upon his duties, make a declaration of fidelity and secrecy in the farm set out in the schedule 9 the salaries and allowances payaille to the members and the 5 adldiniitrative expe8ie1, ide1udml' ajaries, allowaaees and pension, payable to or in respect of the olieers aad other employees of th~ board and the appellate authority shall be delrayed dot of tbe eoaioudated fund qf india salaries, etc, be defrayed out of the col18oli dated· fund of india ( 10 no act or proceeding of the board or, as the case may be, the 10 appellate authority shall be questioned on the ground merely of the existence of any vacancy or defect in the constitution of the board or the appellate authority or any defect in the appointment of a person acting as a member of the board or the appellate authority vacancies, etc, not toinvalidate proceedings of board and appellate authority 450111160 11 the chairman and other members and the officers and other em-15 ployees of the board and the appellate authority shall be deemed to be public servants within the meaning of section 21 of the indian penal code members andstaft ofboarq and appellate authority to be public servants 12 (1) the jurisdiction powers and authority of the board· or the appellate authority may be e](ercised by benches thereof boaril or appellate authority conatitu~ tionot benches 110 (2) the benches ahall be canstituted by the chairman and each of bench shall consist of not less than two ~embers (3) if the members of a bench di1fer in opinion on any point, they shall state the 'p'oint or points on which they differ and the case shall be referred by the chairman of the board or,as the case may be, the appel-115 late authority for hearing on such point or points by one or more other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case including those who first heard it 13 (1) subject to the provisions of this act, the board or, as the 30 case may be the appellate authority, shall have powers to regulate--- (a) ,the procedure and conduct of the business; (b) the procedure of the benches, including the places at which the sittings' of the benches shall be held; procedureot board and appellate authority _ - (c) the delega'tion to one or more members of sueh powers or 35 functions as the board or, 8s the case may be, the appellate autho· rity may specify (2) in particular and without prejudice to the generality of the foregoing provisions, the poivers of the board or, as the case may be, the appellate authority, shall include ~he power to determine the extent to 40 which' persons interested or -claiming to- be interested in the subject matter of 8ny proceeding petore it may be allowed to be present or to be heard, either by themselves or by their representatives 01' to cross-exa· mine witnesses or otherwise to take part in the proceedings chapter iii'rilli co ~ pllnies ""4,'j b", 1 of 1966 i 01 filii t·i ~ h ~:')~ 1i' d }' 1'1 \1) if after making an inquiry und~r section 16, the, board is satisfied that a company has become a sick industrial company, the board shall, after considering all the relevant facts and circu~stances of the case, decide, as soon as may be by order in writing whether it is practicab\e for the company to make its net worth positive within a reasoll-5 able time powers (if board to make suitable order on the completion of inquiry (2) if the board decides under sub-section (1) that it is practicable for a sick industrial company to make its net worth positive within a reasonable time, the board, shall by order in writing and subject to such l'estrictions or conditions as may be specified in the order, give such time 10 to the company as it may deem fit to mak~ its net worth positive (3) if the board decides under sub-section (1) that it is not practicable for a sick industrial company to make its net worth positive within a reasonable time and that it is necessary or exp~ient in the public interest to adopt all or any of the measures specified in section 18 in l'e-15 lation to the said company it may, as soon as may be, by order in writing, direct any operating agency ~pecifted in the order to prepare, having regard to such guidelines as may be specified in the order, a scheme oroviding for such measures' in relation to such company, (4) the board may,-:10 (a) if any of the restrictions or conditions specified in an order made under sub-section (2) are not complied with by the company concerned, review such order on a reference in that behalf from any agency referred to in sub-section (2) of section 15 or on its own motion and pass a fresh order in respect, ot such company under 25 sub-section (3); (b) if the operating agency specified in an order made under sub-section (3) makes a submission in that behalf, review such order and modify' the order in such manner as it may deem appropri~ ~ pre-- paration and sanction of schemes 18 '(1) where an order is made under sub-section (3) of section 17 in relation to any sick industrial company, the operating agency specifted in the order shall ,prepare, as expeditiously as possible and ordinarily within a period of ninety days from the date of'such order, a scheme with r'!spect to such company providing for anyone or, 35 more of the following measures;' namely: _ - - (4) the reconstruction, revival or rehabilitation of the sick industrial company; , (b) the ,proper mana'gent~nt' of < the skjt ,i~dlls,trial company by change in, or take over of, management of the 'sick industrial ,~o company; ,,' (c) the amalgamation of 'the, sick industrial company, with any other industrial company (referr~d to in this section as 'transferee industrial company'); (d)', the sale or lese of a part or whole' ot any jndustrial 45 undertaking qf the sitkindustr~l cqmp~y,; (e) such other preventive ameliorative and' ';erjiedial mersurc~' as may be appropriate; (t) such inc1dent~ • consequentiaj oi'stippiem'ental measures as may be necessary 01' expedient ih;,c'orlj'ieetion with qr rdr',the pur- 5n pgses of the me~$ures speq1ftfjd in ctq~!ses (a) to (er\~ ,_,:'1 (2) ~e scheme relerred to in sub-section (1) may provide tor ally one· or more of the ,following, namely:-(a) the constitution, name and registered office, the capital, assets, powers, rights, interests authorities and privileges, duties 5 and obligations of the sick industrial company or, as the case may be, af the transferee industrial company; (b) the transfer to tpe transferee industrial company of the business, properties, assets and liabilities of the sick industrial rompany on such terms and conditions as may be specified in the scheme; 10 (c) any change in the board of directors, or the appointment of a new board of directors, of the sick industrial company and the authority by whom, the manner in which and the other terms and conditions on which, such change or apppintment shall be made and in the case of appointment of a new board of directors or of aoy director, the period for which sucn appointment shall be macie; 15 (d) the alteration of the memorandum or articles of association of the sick industrial company or, as the case may be of the transferee industrial company for the purpose of altering the capital structure thereof or for such other purposes as may be necessary to give effect to the reconstruction or amalgamation; !olo (e) the continuation by, or against, the sick industrial company or, as the case may be, the transferee industrial company of any action or other legal proceeding pendin~ against the sick industrial company immediately before the date of the order made under sub section (3rof section 17; lz5 (f) the reduction of the interest or rights which the shareholders have in the sick industrial cqmpany to such extent as the board considers necessary in the interests of the reconstruct!on, revival or rehabilitation of ~he sick industrial company or for the maintenance of the business of th'! sick industrial company; 35 (g) the allotment to the shareholders of the sick industrial company, of shares· in the sick industrial c'9mpany or, as the case may be, in the transferee indll'strial company and where any sharehold~r claims payment in cash and not allotment of shares, or wliere it is not possible to allot shares to any shareholder the payment of cash to those shareholders in full satisfaction of their claims-(i) in respect of their interest in shares in the sick industrial company before its reconstruction or amalgamation; or ,(ii) where' 8\reh interest has been reduced under clause (f) 40 in respect of their interest in shares as so reduced; (h) any other terms and conditions for the ~()nstruction nr amalga~atiq~ ot tb~ ~~~ iilqu~t:riaj company; company free from all encumb~ 8trtvi'fii!la!tfiltatk w"u?~~ pany or other such encumberances and liabilitiel as may be specified !" ,-,,:,toffit r~a~ pi'1icd~"stiuh; ~htfp :,' i" i:l'p'" "':,i i ttl ht,rf-; ~;-"~~':tj·)li lrl:t,;" iti1nd~'i!; ~d, '~i_': :i ,·~d,ti': ,·~r'}liiliq d·);,,~'· !:n :' c(;)"~:thodi'ot~~r~ii~~'f':'r;lji~~: ;~~1b ~j_if!e=~~9g of 5 the sick industrial company ~ufas ~ pu~bc auction or by mvitillg ,)1'il t~?de~'~~~i~ ~?ji;iw~!~~~f1!'i~~fll~~jm~~ ,b,e ,~~~~i'~~;li"a~~ i for" the manner cal puoucl erei°r, 'j i ' /,(, i /;;"" fl,!")-:j;,"),:l )/'ir:~" ,,~ )l,':diij;! ""11; ",),';-:1; ,i'!"t/"i',"':,,'j(/ ,;;',", r:,i; l!:'i: 1·) '{t);;fol'icf(l~rlciliedtil':)~offi~dl!jaainikili?~of6'j,te~jedtif ~'~hitis as ;iwfy'jb~(:n~~t!$~a~'jt'6j:~~~({6(t~ ii?w tke;jr~bo1i~~~u8h of'jatri~gi~tilln ~ or other measures mentioned in the scheme are fully and effectively !~t:iipfi«~~~ pjl~,)rj;i-~lf 'i~1 llil • !jl:i~:'·'(i!·dl: ',j : •• ,!q::"\' ~i ';1:-!",', ~n;i'd ~ldj 1" ",d '!ht:! 'i; f·;· \ ~t1f1 ~;i "i: '-:1>'1';"" i';; lt·!'; ;:j :~ 'i': ·h~! i': ,; , iq (;1) (1$ a!~op!t j of1th81~e 'p!epmed !br; ,tlle boiiidlliirill',1re1 lent, itt d ~rthal sn-ddtl_!iaj'dqll~ 8ml~ the' otaentijqj1a"'ytland in the case of amalgamali08jjr,_1_c11:o ·1therinldderee,·tncb8ltnal1wlbpany,; and p any other industrial company concerned in the amalgamation for sug- g~" an,d 1 p~4~,~~i~~~ ~~! :an~\ i~j!~~, s\lch, ))~ri?r~ l ~st~~ bp~rd may sr'f~ "ftt 'l!:i~,~-;l'· : • ;rt···,:~·: ~j· •• ~·)~:· ,t:::~ );~ "\; ,; ~: ~""" ~~ ,'i "':(4)vl'he"sc1'reme,sham1tfhitutler·'m iilnt,·tnimcwilf sobri,ldis"')!inw be, i by the board r·{tiereitliftdf' tenmi4itto 1i1t"jthej 'tiifti~tt~ti~i;scti~'j" and shall come into force on such date as 'the, ~oard may ~pecify in this ibehihth (\: i,! , :f' , ~: " j r ~ :' ~ ,! ( : it: ~ j i t i· ~ !' ~ d;, ,: ;,: i ( i -p, '~" d"j\ll~-·:t,':ir~i '!') p,:j "fi" j',"":"~' l '1·1/t ) 'jl:lq i' i ; ,ppi'jriih~"""t di"t dat8 wiyjbe'~tk~ fbl"'rifteh!6t provisions 40 of the scheme :!,"1i',;;r·,ijo'i" ,~,,,,,(; 'ii j''''''ll''1 't i ,',,{; '; -, i ':"l''), ;ii r'l ~nt, ,:i '(l ;jjil; 1(1 (!i' i "11wtnt \'n ,qh,lt: ;,n;': '')'1( i ~i (c"'"':i,j ,1"'11111'" v'it)'n~'i"iii j'!) 1 of 1'56 rehabilita-tion by elvin" ftnan-cial 8811110 lance 38 (1) where the board, after making inquiry under s~ction 16 and, alter codl:lidel'aucm of all the relevant facts apd circumstances and after giving an opportunity of being heard to all' concerned parties, is of opinion that it is just and equitable that the sick industrial company should be wound up it may record and forward its,opinion to the concerned 5 high court ' (2) the high court shall, on the basis of the opinion of the board order winding up of the sick industrial company and may proceed and cause to proceed with the winding up of the sick i!ldustrial company in aecordance with the provisions of the companies act 1956 10 1 of 1956 -(3) for the purpose of winding up of the said industrial company, the high court may appoint any officer of the operating agency, if the operating agency gives i~ consent, as the liquidator of the sick industrial company and the officer so appointed shall for the purposes of the winding up of the sick industrial company,be deemed to be, and 15 have all the powers ,of, the official liquidator under the companies act, 1956 1 of 1956 (4) notwithstanding anything contained in sub-section (2) or sub-section (3), the board may cause to be, sold the assets 9f the sick industrial company in such manner as it may deem fit and forward the sale 20 proceeds to the high court for orders for distribution in accordance with the provisions of section 529a, and qther provisions of the companies act, 1956 10f 1956 21 where, in relation to an inquiry or scheme, the circumstances so require, the board may, through any operating agency, cause to be pre- 15 pared-operatin, ap"" to prepare complete banntory, etc (ci) with respect to an industrial company, a complete inventory of-(i) all assets and liabilities of whatever nature; (ii) all books of account, registers, maps, plans, records, go documents of title or ownership of property and all other documerits of whatever' nature relating ~heret~; (b) a list of shareholders and a list of creditors showing separately in the list of creditors, the secu,red credi'tors and the unsecured creditors;' >, - ,, "''" , 35 (c) a valuation re~rt in r~t of th~ sliares and assets in order to arrive at 'the reserve price f~r tqe s(lle of a part or ,whole df the industrial undertaking of the company or for fixation of, the lease rent or share exchange ratio; (d) an estimate of reserve price, lease rent or share exchange 4d ratio; and (e) proforma accounts, where no up-to-date audited accounts, are availahie ' ,22' (1) where an inquiry under section 16 is initiated or any scheme referred to in section 17 is under consideration of th~ board or where 45 a sanctioned scheme is under implementation, notwithstanding anything 801penaion of le,al proeeecunlll, cont_", etc: contained in the companies act, 1956 or any other law or the memoran-1 ot 1956 dum and articl~ of association of the sick industrial company or 'any other instrument having effect under the said act or other law no· proceeding for the winding up of such sick industrial company or for any 50 proceedings for execution djstress, or the llke against any of the propertlet 1 of 1956 of the sick ind~trial company qr for the appointment of receiver in respect thereof, shall lie or be ·proceeded with further, except with the consent of the board, (2) where the management of the sick industrial company is taka 5 over or changed, notwithstanding anything contained in the companies act, 1956 or any other law or in the memorandum 'and artic;jes of' association of such company or any instrument having effect under the said act or other law-jo (al it shall not be lawful for the shareholders of such company or any other person to nominate or appoint any person to bea director of the company; (b) no resolution passed at any meeting of the shareholders of such company shall be given effect to unless approved by the board (3) during the period of consideration of any ~cheme under sedim 1'3 15 or where any such scheme is sanctioned thereunder, for due implemen" tation of the scheme, the board may by order declare with respect to the sick industrial company concerned that the operation of all or any of the contracts, assurances ot property, agreements, settlementb,awards, standing orders or other instrum~ts in force to which such sick indus-1011956 20 trial company is a party or which may be applicable· to such sick industrial company immediately before the date· of such order, slj,j11 ~ main suspended or that all or any of the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date, shall remain suspended or shall be enforceable with such adaptations and in 25 such manner as may be specified by the board: provided that such declaration shall not be made for a period exceeding two years which may be extended by one year at a time so, however, that the total period shall not exceed seven years in the aggregate (4) any declaration made under sub-section (3) with respect to a ·sick 30 industrial company shall have effect notwithstanding anything contained in the companies act, 1956 or any other law the memorandum and articles of association of the company or any instrument having effect under the said act or other law or any agreement or any decree or order of a court, 1;ribunal, ofticer or other authority or of any 'subinission, settlelllent or 35 standing order and accordingly,- (4) any remedy for ·the enforcement of any right, privilege, obligation and liability suspended or modified by such declaration, and all proceedings relating· thereto pending before any court, triburlal, oftlcer or other authority 'shall remain stayed or be continued subject to such declaration; and (b) on the declaration ceasing to have effect-(i) any right, privilege, obligation or ~ability so tem~ing suspended or modified, shall become revived and enforceable as if the declaration had never been made;' and <:, _ 45 (ii) any proceeding so remaining stayed shall 'be proceedecl with, subject to the provisions of any law which may thlril be in force, from the stage which had been reachedwheri the proceedings became stayed , -,-(5) in computing the period of limitation for the enforcement of any 50 right, privilege, obligation or liability, the period diiliigwmch it or the remedy foa- the enforcement thereof remains suspended under ttys seetion shall be excluded, paocddings in case of potentially sick industrial compands" misn:asance paocadilfgs, appmls and misci:llanilous!s (1) if the accumulated losses of an industrial company, as at the end of any fthanetal year (here1na:ftei referred to as the ,relevant flnanctal 5 year) have resulted in erosion of :fifty per cent or more of its peak net, worth during the immediately preceding fiye financial year,-loa of 50 per cent net 'woldi by idclultriai compuiel (~) the company shall, within a period of sixty days from the ci8te (hereinafter referred to as the relevant date) of finalisation of the duly audited accounts of the company for the relevant financial 10 year-(i) report the fact of such erosion to the board; and (ii) hold a general meeting of the shareholders of the company far considering such erosion; ~ (b) the board of ~ectors shall, at least twenty-one days before 15 the "date on which the meeting under sub-clause (ii) of clause (a) is held, fqi'warci, to every member of the company a report as to such erosion and the causes for such erosion; (0') the company may, by ordinary nsqlution passed at the meeting held under clause (a) remove a d1rectgr (being a dintctor 20 a~idted by the memberso£ the company) and fill the vaeancy created by such removal, so far as may be, in accordance with the preeedure provided in sub-aeetiobs (2) to (6) of section 284 of the companies act, 1956, 1 of 1956 - (2) a director removed under sub-section (1) shall not be entitled to 25 any compemsation or d~mages for termination of his appointment as director or of any appointment tendinating with that as director (3) if default is made· in complyidg with the provisions of tbiji sactiod~ every director or ether oftlcer of the company who is indefault shall ~ punishable with iiqprisomnent which shall not be less thail six 30 months but which may extend to two y88ft and with fine mill_ace proceedinii· z:4 (1) if, inthe'couflie of serutiny or imp1etnentation of any scheme or proposal, il-~ lppears to the beard that any person who bas faken part in' the oromotion, formation or mstlagt1t1ent of the sick inclustrial company ~li' ita unifertaking, mcluding any past th present director, manager or otlicer 0': em- 35 rloyee of the sick inollstrial company-(a) has misappli'!d or ·retained, or become liable or accountable for, any money or property of the sick industrial company; or (b) has been guilty of any misfeasance, malfeasance or nonfeuance or breach of trust in relation to the sick industrial company'40 tbe btliud' may direct him to rep, or testdrc the money or prrty or any part thereof with or without interest, as it thinks just, or to contribute suchwm'to the assets of the sick industiial oompany or the other person entitled thereto by w:y, of cojapeusation in respect of the misapplication', retainer, misfeasance· oj" tn-th oj 1nzst, as the board thinks just, anti 45 aim jeport the matter· the ·ctral qavernuumt for any other aetigd which that government may deem fit (z) no directions al\all be givejl ~y ~he bow under this 8~aii ~ss liuch ,person ~ heed given an opptullity for ma1qng bissubidi- , ' , '' i " • , (3) this section shall apply notwithstanding that the matter is one for which the persoomay bt ~y liable 5 25 (1) any pel'$on aggrieved by an order of the board made under this act may, within forty-five days from the date on which a copy of the order is issued to him, prefer an appeal to the appellate autho,rity: provided that the appellate authority may entertain a~y appeal after the ibid period of forty-fived~s but dot $iter aixty ws frcun the date 10 aforesaid if it is satisfied that 'the appelllpu was prevented by sulle4ent ca_ from filing the appeal in time (~ on receipt of an appeal under sub-section a), the appeuate authority may, after giving an opportunity to the appellant to be heard, if he so desires, and after making such further inquiry as if deems fit, 15 confirm, moduy or set aside the order appealed against 26 no order passed or proposal made under tills 'act shall be appealablg! except as provided therein and no civil court shad ha~ jurimlic:tinn' in respect of any matter which the appelltte authoriiy or the board is empowered by, or 1!nder, this act to odcmline ad(- 00 injunction smll lte granted: ttyldy court ie or other authori~' in rr~rect ri any action taken or to be, taken hi: 'pursuimccj of any power conferred by or under this act ' 'qi11iiiil1ina , 27 the board may, by general 0( special ordor, delegate, !ubject to 'such conditiod's and limitation, if any, as may be specified in the ord8r" to any member for secretary or other officer or employee of the board or other 25 persons authorised by the board to mallage ~ industrial company or industrial undertaking or any operating ~ency such powers and duties (except the powers and duties under sub-secticlns (2) nd (4) o~ section 16, lilection 17, sub-sections (3) and (4) of section 19, 'sub:"section (1) subsection (4) of section 20, sub-section (3) of section ~ and sectiton '241 30 under this act as it dlay deem neceuary 0 28 (1) the board shall fumish from time to'time to the celttral government such returns as the' central govemment may require ' ~ ad idformatioa (2) the board may, ,for the purpose of efficient dtscharp of its functiqns und~r this act, collect from, or furnish to-35 (a) t~ c~tral government, (b) the reterw bank, (c) the scheduled bank or any other bank, (d) the public ,financial institution, or (e) the state-level institution, 40 fiuch information as it may consider useful for tile purpose in such manner and with~ suqb time as it inay think fit ~ (1) the board or any operating aeemcy;on being directed by the board may' in order to take into custody or undpr its control aupraperty, effects and actionable claimr to which a sick industrial,com1)8!ly 45 fs or a'pj)ears to be entitled request, in ~ttn~, the chief' metropolitan majlistrate or the district ma~strate within whoie 1urisdiction any ~ perty, books of aceotmt c1r any other document ot such sick induatrlal powr to __ tho of cihef metropolitan mliiiilra and coiitp'ty be situate or be found, to take poaseasion thereof,· and the chief ~litan magistrl!~ or the distriet magistrate, as the cue may be, shall, on such request being made to him,-(i) take possession of such property, books of account or other documents; and 5 '(ii) cause the same to be entrusted to the board or the operating agency (2) for the pul"pose of securing compliance with the provisions of sub-section (1), the chief metropolitan magistrate or the district map trate may take or cause to be taken: such steps and use or cause to be used 10 sueh force as may, in his opinion, be n8celli8l"y (3) no act of the chief metropolitan magistrate of the district magistrate done in pursuance of this section shall be called in question in any court or before any authorityoj) any ground whatsoever protection of action tatn idpd faith 30 no suit oj" other legal proceeding shan be against the board or 15 the appellate~um1opw or the chairman or any other member, officer or other employee of the board or the appellate authority, or operating agency or any other person authorised by the board or the appellate authority to discharge any fwiction under this act for any loss or damap caused or likely to be caused by any action which is in iood 20 faith done or intended to be done in pursuance of this act or any other l:aw or provision having the force of law 31 where a receiver or an official liquidator has been appointed in any ,proceeding pending immediately before the commencement of this act, in any high court for winding up of an industrial company such 25 proceeding shall not abate but continue in that high court e6ct of iiie act od other i 32 (1) the provisions of this act and of any rules or schemes made thereunder shall have etiect notwithstanding anything inconsistent therewith contained in any otlrer taw except the provisions of the foreign exehmge regulation act, 1973 and urban land (ceiling and regulation) 30 -4, of 1973 act, 1976 for the time being in force or in the memorandum or articles 33 to 1978 of aasociation of an industrial company or in any other instrument having effect by virtue of any law other than this act (2) ~e there has beea under juy scheme under tllis act an amalpmation of a sick industr~1 cojdpany with another company, the proviaioas 35 of seetion 7za ~of the income-tax act, 1961, shall, subject to the modift-43 of 1961 eatiods that the power of the central government under that section may be exercised by the boerd without any recommendation· by the speeifled authdy referred to in that section, apply in relation to such amalpmaticiii as they apply in relation to the amal,amation of a ':company owning 40 an industrial undertaking with another company 33 (l) whoever violates the prov~sions of this act !>r any sanctioned scheme, or any order of the board, or the appellate authority and whoever makes a false statement or gives false evidence to the board or the appellate authority, shall be punishable with simple- imprisonment 45 for a tenn which may extend to three years and shall also be liable to ftne -(2) no court shall take cognizance of any offej1ce under suh-section (1) except on a complaint in writing of the secretary oj" any such other ofticer of the board or any such officer of an operating agency as may be 50 authori~ in this behalf by the board k ~(l) where any offence, punishable under this act has been off~ by committed by a company, every person who, at the time the offence was compuies committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall 5 be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sul>eection shall render any such person liable to any punishment, if he' proves that the offence was committed without his knowledge or that he had exercised au due 10 dtligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where any offence punishable under this act has been committed by acompany and it is proved that the offence has been conimitted with the consent or connivance of, or is attributable to any neglect on the part of, any director, 15 manager, 'secretary or other officer of the company such director,manager, secretary or other ofticer shall also be deemed to be guilty of that oft'ence and shall be liable to be proceeded against and punished accordingly e1"pl4n4tidn-for the purposes of this section,-(ii) "company" means any body corporate and includes a finn :10 or other associatido of individuals; and (b) "director", in relation to a firm, means a partner in ~ ftrm 35 if any difficulty arises in giving effect to the provision of this act or the rules, schemes or orders made thereunder, the central govern-25 ment may, by notification, remove the difficulty: provided that no such notification shall be made by the central government ·after the expi,ry of a period of three years from the date on which this act receives the assent of the president po- en mate ruloa 36 (1) the central government may, by notification, make rules for 30 carrying out the provi~ions of this act (2) tn particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the fouowiog ~atters, namely:-(a) the salaries and allowances payable to and other -tet"ids and conditions of service of the c1pairman and other mem·bers under sub-section 35(7) of section 6; (b) the powers which may be exeroised and the duties which may be performed by the secretary to the board or the appellate authority udder sub-section (j) of section 8; (c) the restrictions and conditions subject to which officers and 40 employees may be appointed to the board or the appellate authority under sub-section (2) of section 8; (d) the salaries and allowances and other oonditions of seryicc of the secretary of tbe board or the appellate authority ldlder sub-eectiton (3) of section 8; 45 (e) the additional matters referred to in sub-section (3) of section 13; (1) any other matter which is required to be, or may be, prescribed (a) &wry rule macnt under dlis act sbaji be laid, as ioob as may be atter it is made, before each bouse ofparliamej;l1i, wwie it is ill iii i, for a total period of thirty days which may be comprised in ode seasion or ill two or more stlc-ive,~ add if, befojre the expiry of the smlion ijnidediate)y ibuowing the session or the auocessive sessioftl 5 aforesaid, both houses agree in making y' modification in the rule or bqij:l h~'qaes agree tbat the l'ule sdould j;lot be ~ ~e l'ijle allall t~ter h,aveeifect ~ illuch mddiile4 ~~ ~ be qf np enact;, t~ ca~ may be; so, ~vle~, 'ti;alat ~y'l ~atiqd 01' lu$~t shall be without preju4icf to the \'alidif;j 1>f ~i~ p"vi,ojlsjy ""0 unde' that rull! the s(liei)ulji[see sections 6 (8) and 8(3)] ~n 01' '1'd>-u'y ajm siqqay i, """'" ' '" , do hereby declare that i will faithfully, 15 trqiyllnd to the best of ~y skill and ability, ex~te &pod penorm the duties required of me as ~ ~~xber/stt£retbty/o~ ofbeer or employee of ute boiar4, for the industrial and fin~cial reconst~~tion/the authority for industrial and financial reconstruction and which properly re-iate to the office or position held by me in or in relation to the 110 i&id boatd/appellate authority, i further declare that i will ddt communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the b~rdl appellate authorlty, nor wiu i allow any such person to in~pect or have access to any books or documents 115 belonging to or in possession of the board i appellate authority or the businels of any person having any dealing with the said board/appellate authority ' signature signed before me the ill effects of sickness in industrial companies such as loss of production, loss of employment, loss of revenue to the central and state governments and locking up of investible funds of banks anc;! financial institutions are of serious concern to the 'government and the society at targe the aoncetn of the gove1'1unetrt is accelltuated by the alarming thcrease in the incidence of sickness in industrial compadies it has been mc:ofisecl that in order to fully utilise the productive i1imutrial assets; afford maximum protection of employment and optimize the use of the funds of the banks ahd financial institutions, jt would be imperative to revt\te and i'eh'abilitate the potentially viable sick industrial companies as quickly as possible it would also be equally -imperative to sal'fage the productive assets and realise the amounts due to the banks and mancia1 institutiol)s, to the extent pqssible, from the non-viable siek iiotdustrial companies through uquidation of tbose companies 2 it has been the experience that the existing institutional arrangements and procedures for revival and rehabilitation of potentially viable sick industrial companies are both inadequate and time-consuming a multiplicity of laws and agencies makes the adoption of a co-ordinated approach for d~aling with sick industrial companies difficult a need has, therefore, been felt to enact in public inter~st a legislation to provide for timl'ly detection of sickness in i-ndustrial companies and 'for expeditious determination by a body of experts of the preventive, ameliorative, remedial and other measures that would need to be adopted with respect to such companies and for enforcement of the measures considered appropriate with utmost practicable despatch 3 the salient features of the bill are- (i) application of the legislation to the industries specifted in the first schedule to the industries (developmedtand regulation) act, 1911, with the initial exception of the scheduled induitry·relattdg to ships and other vessels drawn by power, which may however be brought within the ambit of the legislation in due course; (ii) iden:tification of sickness in an industrial eompany, registered for not less than seven years, on the basis of the symptomatic indices of cash losses for two consecutive financial years and accumulated losses equalling or exceeding the net worth of the company as at the end of the second financial year; (iii) the onus of reporting sickness and impending sickness at the stage of erosion of fifty per' cent or more of the net worth of an industrial company is being laid on the board of directors of such company; where the central government or the reserve bank is satisfied that an industrial company has become sick, it may make a ' -'-reference to the board; likewise if any state government, scheduled bank or public financial institution having an interest in an industrial company is satisfied that the industrial comp3ny has become sick, it may also make a reference to the board; (iv) e:stablishment of a board' consisting of experts in various relevant fields with powers to enquire into and determine the incidence of sickness in industrial companies and devise suitable remedial measures through appropriate schemes or other proposals apd for proper'implementation thereof; (v) constitution of an appellate authority consisting of person~ wh~ are or have been supreme court 'judge~, senior high court judges and secretaries to the government of india etc, for hearing appeals against the orders of the board 4 the notes on clauses appended to the b,ill explain the various provisions of the, bill new delhi; vishw anath pratap singh president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no f 6(3) 185-1 f-ii, dated the 20th august, 1985 from shri vishwanath pratap singh, minister of finance to the secretary-general, lok sabhal 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, the introduction of the sick industrial companies (spe¢al provisions) bill, 1985 in lok sabha· and also recommends to lok sabha under clause (3) of article 117 of the constitution, the consideration of 'the bill clause 1 deals with the short title, extent, commencement and: application of the l~gislation the enactment would, in the first instance, apply to all industries included in the first schedule to the industries (development an~ regulation) act 1951,' except the industry relating to ships and other vessels drawn by power which, may, however, be subsequently brought under the purview of the enactment by a notf'ftcation issued by the central govemment in consultation with the reserve bank of india clause 2 carries a declaration that the legislation is being enacted for giving effect toi the policy of the state towards securing the pr~ncipies specified in clauses (b) and (e) of article 39 of the constitution clause 3 contains definitions of the terms used in the legislation spe-' cia! mention may be made about the definition of the term "industrial' company" which means a company owned one or more industrial un~ertakings; and the term "sick industrial company" which means an tndustrial company registered as company for not lees than seven :tears and has suffered cash losses for two consecutive financial years and at the end of the second of 'such financial years has acc~mulated, losses equal or existing its net worth clause 4 provides for the establishment of a board consisting of a chairman and not less than two and not more than fourteep other members being experts in various relevant fields to be appointed by the central government clause 5 provides for the constitution of an appellate authority consisting of a chairman and three other members being persons who are or have been judges of the supreme court, senior judges of high courts and the secretaries to the government of india etc, to be appointed· by the central government clause 6 contains provisions relating to the conditions on which the central government should be satisfied befor~ appointing a perlon as a ¥ember of the board or the appellate authority; the tenure of the members; resignation or removal of a member; the mode of filling up of u vacancy and the fixation of salaries and allowances 'and prescription of other terms and conditions ot service of the m'!mbers etc clause 7 deals with contingencies in which the central government may remove a member from the board or the appellate authority and the contingencies in which the ceptral government may remove such members only with the consent of the supreme court clause 8 provides for appointment by the central government of a secretary each to assist the board and the appellate authority and! appointment by the board and the appellate auhority of such other officers and employees as may be prescribed with such salaries and allowances and other conditions of service as may be prescribed clause 9 provides for the salaries and allowances of the mempers and the salaries, allowances, and pension of the officers and employees of the board and appellate authority to be defrayed out of the consolidated fund of india clause 10 affords prot~tion for ,acts or proceedings of the board or the appellate authority from being questioned merely on account of :my vacancy or defect in constitution of the board or appellate authority clause 11 specifies that the members, officers and other employees of the board and the appellate authority shall be deemed to be public servants - clause 12 provides for the benches of the board and appellate authority clause 13 empowers the board and the appellate authority to regulate their own procedure and conduct of business clause 14 lays down that the board or the appellate authority shall be deemed to bea civil court for the purposes of certain provisions of the code of criminal procedure, 1973 and the indian penal code clause 15 lays down that 'a sick industrial company should· make a reference to the board within sixty days from the date of finalisation of duly audited accounts or even defore such finalisation if there are sufficient reasons to form the opinion that the company has become' sick where the ,central government or the reserve bank is satisfied that an industrial company has been sick, it may make a reference to the board; likewise if any state government, scheduled bank or public financial institution having an interest in an industrial company is satisfied' that the industrial company has become sick, it may make a reference to the board: clame 16 enables the board on receipt of a reference under clause 15 or otherwise to make or cause to be made an inquiry for the purpose of determ,ining whether the industrial company has become sick industrial company clause 17 empowers the board to allow time to a sick industrial company to make its net worth positive within a specified period if the board decides that it is not practicable for the sick industrial company to make its net worth positive within a reasonable time, it may direct any public financial institution, designated as the operating agency, to prepare a scheme, for rehabilitation of the company clause 18 provides for the operating agency, on being directed by the board to prepare a scheme for reconstruction, revival, rehabilitation, change in or take over of management, amalgamation, sale or iease of a part' or the whole of any industrial undertaking of· the sick industrial company or any other prev~tive ameliorative or revival measures it also provides for eliciting objections and suggestions from the concerned companies on the draft schemes and for making mociiftcations, if any, and for sanctioning schemes clause 19 provides that where any rehabilitation schelile involves provision of financial assistance or any other reliefs or concessions or sacrifies from the central government, a state government, air bank or financial institution or state level institution or any other institution, authority or creditor, such scheme shall be referred to all concerned for consent clause 20 provides that if the board after making sufficient enquiry is of the opinion that it would be just and equitable to wind up the siele industrial company it would forward its opinion to the concerned high court for winding up of the company the board may, however, sell the assets of the company and forward the sale proceeds to the high court for distribution in accordance with the provisions of the companies act, 1956 clause 21 enables the board, through an operating agency to prepare a complete inventory of all assets and liabilites, etc clause 22 provides for the suspension of legal proceedings, contracts, etc, with respect to certain sick industrial companies clause 23 lays down that an industrial company in which the accumulated losses as at the end of any financial year have eroded fifty per cent or more of the peak net worth during any of the preceding five financial years, shall report the fact of such erosion to the board, within sixty days from the date of finalisation of th~ audited accounts such indusrial company would also be required to hold a general meeting ot its shareholders for considering the erosion after forwarding a report of the causes of the erosion to every shareholder atieast twenty one days before the date of the meeting change of any director other than a director appointed by the central government or a public financial institution, could be effected by an ordinary resolution passed at the meeting clause 24 provides f9r rectification of misfeasance, malfeasance, etc, and report of such matters to the central government clause 25 provides for a person aggrieved by an order made by the board to appeal to the appellate authority clause 26 bars the jurisdiction of civil courts, except as provided in the act against any matter falling within the purview of the board or the appellate authority clause 27 provides for delegation of certain powers of the board clause ·28 provides for the central government to call for returns from the board and for the board to collect from or furnish to the central government, reserve bank any bank, public financial institution or state level institution, any information clause 29 prpvides for the board or any operating agency to seek! tjv! assistance of the chief metropolitan magistrate or the district magistrate far taking possession of the property of a sick industrial company clause 30 i~ the usual clause relating to the protection of action taken in good faith clause 31 lays down that if any receiver or official liquidator has been appointed in any winding up proceedings at the time of the commencement of the legislation the proceedings shall continue' in the respective high courts clause 32 gives overriding effect to the provisions of the legislation ov~r all·other enactments except the foreign exchange regulation act, 19'13 and the urban -land (ceiling and regulation) act, 1976 the powers of the central government under section 72a of the incom~ tax act, 1961 to give tax benefit to the transferee industrial company ill cases of amalgamation are coriferred on the board clause 33 specifies the penalties for violation of the provisions of the legislation or sanctioned schemes or orders of the board or appellate authority and for making or giving false statement or evidence before the board or appellate authority clause 34 provides that any offence comitted by a company and punishable under the legislation would cover the p~rsons in charge of company clause 35 is an enabling provision to remove diftlculties by the central government up to a period of three years c14use 36 confers on the central government the power to make ewes for carrying out the provisions of the legi$lation clause 4 of the bill provides for the establishment of the board for industrial and financial reconstruction with a chairman and not less than two and not more than fourteen other members to be appointed by the central government clause 5 provides for the constitu tion of the appellate authority for industrial and financial reconstruc tion consisting of a chairman and not more than three other members to be appointed by the central government sub-clause (7) of clause 6 provides hat the salaries and allowances payable to the chairman and other members of the board anlt· the appellate authority shall be such as may be prescribed as a person who is or has been a judge of the supreme court is eligible to be appointed as the chairman of the appellate authority and a person who is or has been a judge of a high cdurt or who is or has been an officer not below the rank· of a secretary to the government of india, is eligible to be appointed as a memb~r of the appellate authority, the pay and allowances of the chairman and other members of the appellate authority will require to be fixed commensurate with these eligibility criteria it is expected that an expenditure of rupees eighty-four thousand would be iricurred, annually, towards the salary and allowances of the chairman of the appellate authority at the maximum level of pay ·or rupees sevenlyeight thousand, annually, at the minimum level of pay, an annual expenditure of rupees two lakhs and sixteen thousand is ~te~ to be incurred towards the salary and allowances of the members of the appellate authority at the maximum levels of payor rupees one lakh and ninety-eight thousand at the minimum levels of pay as persons who are or have been qualified to be high court judges may be appointed, among others, to be the chairman or any other member of the board, the salary and allowances of the chairman and other memben; of the board would have to be commensurate with the salary and allowances of the high court judges keeping in view these considerations, it is expected that in the event of the board consisting of one chairman and fourtgen other members,· an annual expenditure of rupees nine lakhs and ninety-six thousand would be incurred towards salary and allowances of the chairman and the members of the board at the maximum levels of pay and rupees nine lakhs and six thousumd at the minimum levels of pay in the event of the board consisting of the specified ~inimum number of one chairman and two members only the ·annual expenditur'! towards salary and allowances of the chairman and members of the board may be expected to: be rupees one lakh and thirtytwo thousand at the maximum levels of pay and rupees one lakh and twenty thousand at the minimum levels of pay 2 under clause 8 the central government shall appoint a secretar:v each to assist the board and the appellate authority and the board and the appellate authority may appoint such other officers and employees as may be necessary the salary and allowances payable to the secretary, other officers and employees of the board or the appellate authority would be as prescribed it is expected that on account of the f'alary and allowances of the secretaries, 08icers and other employees of the board and the appellate authority • an annual expenditure of rupees twenty-six lakhs and twenty-one thousand would be incurred at the maximum levels of pay and rupees fifteen lakhs and fifty thousand at the minimum levels of pay in terms of clause 8 of the bill, the pension payable to the officers and other employees of the board and the appellate authority would need to be defrayed from the consolidated fund of india the amount i)f pension payable would be dependent upon the number of officers and the status of officen retiring each year the amount payable as pension annually cannot be precisely quantified at this stage, although it may be estimated that on an average the amount payable may not exceed rupees twenty thousand annually , 3 in terms of clause 9 of the bill, the administrative expenses of the board and the appellate authority would need to be defrayed from the consolidated fund of india it is expected that the board and the appellate; authority would incur an expenditure df rupees fifty lakhs as establishment and other administrative expenditure in the first year of their establishment and would incur establishment and other administrative expenditure of rupees twenty-five lakhs, annually, in the ~ubsequent years, 4 under clause 19(1h the central government may be called upon to provide loans, advances, guarantees, reliefs, concessions or other sacriftces of financial nature to certain sick industrial com~ies to rehabilitate them itis not possible at this stage, to quantify the extent of the financial involvement that may devolve on the central government under this clause 5 in terms of sub-clause (2) of clause 32 of the bill in cases of amalgamation of a sick industrial company with a non-sick industrial c:lmpany, the board shall exercise the powers of the central government within the meaning of section 72a of the income-tax act, 1961 for giving the beneftts of the carry forward of accumulated loss and unabaorbed depreciation of the sick industrial company to the non-sick transferee industrial company exercise of these powers by the board would have the effect of foregoing incolme-tax the extent of income-tax benefit that may be allowed to the transferee industrial company 'would depend upon the number of schemes that may be approved and the extent of the accumulated loss and unabsorbed de--preciation of the sick industrial company being amalgamated hence the extent of income-tax to be foregone under these provisions cannot be quantified at this stage clause 17 read with clause 18 empowers the board for industrial and financial reconstruction to cause schemes to be prepared for the reconstruction, revival' or rehabilitation of the sick industrial companies;' for the proper management of the sick industrial company by change in, or take over of, managem~nt of a sick industrial company; for the amalgamation of sick industrial company with any other company; for the sale or lease of a part or whole of the sick industrial company; for devising other preventive ameliorative and remedial measures, etc if any difficulty arises in giving effect to the provisions of the scheme, the board may, by order, do anything, not inconsistent with such provisions, which appears to it to be necessary or expedient for the purpose of removing thl: difficulty [vide sub-clause (9) of clause 18] clause 35 empowers the central government to remove, by notification, any difficulty which may arise in giving effect to the provisions of the act, with a safeguard that no <;uch notification may be issued after the expiry of a period of three years from the date of commencement of the act 2 clause 36 empowers the central government to make rules for the salaries and allowances payable "to, and other terms and conditions of service of, the chairman imd other members of the board and appellate authority; the conditions and restrictions subject to which officers and employees may be appointed to the board or the appellate authority and· also their salaries and allowances and" other conditions of service and the powers which" may be exercised and the duties which may be performed by the secretaries of the board "or the" appellate authority, etc 3 the matter with respect to which the schemes or rules may be made are matters of administrative or procedural detail and are matters for which it is not practicable to make provisions in the bill the matters in respect of which orders may be made unde: c~ause 35 of the bill are matters which cannot be visualised at this stage the delegation of legislative power is, therefore, of a normal character a bnlto make, in the public interest, special provisipns with a view to securing the timely detection of lick and potentially sick companies owning industrial undertakings, tlu; speedy determidation by a board (if experts of the preventive, ameliorative, remedial and otber measures ·whieh need to be takea with _peet to such compauies anel tbe expeditious enforcement of the measures so determined and for matters connected theremth or incidental thereto	Parliament_bills	0960b231-be15-58d5-b282-e4515e17692f
bill no 83 of 2012 the naxal affected states development council bill, 2012 by shri hansraj gangaram ahir, mp a billto provide for the constitution of a council to be known as the naxal affected states development council to formulate and monitor implementation of development plans and schemes for balanced and all-round development of naxal affected states and for matters connected therewithbe it enacted by parliament in the sixty-third year of the republic of india as follows:—short title and commencement1 (1) this act may be called the naxal affected states development council act,2012definitions2 in this act, unless the context otherwise requires,—(a) "council" means the naxal affected states development council set up under section 3;5(b) "naxal affected states" means the states of bihar, west bengal, maharashtra, madhya pradesh, chhattisgarh, odisha, andhra pradesh and jharkhand; and(c) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, by notification in the official gazette, constitute a council to be known as the naxal affected states development council(2) the council shall consist of—constitution of the naxal affected states development council10(i) the chief minister of each of the naxal affected states: provided that if there is no council of ministers in any naxal affected state, thepresident may nominate one person to represent such state in the council for a period till the council of ministers is formed in that state;(ii) members representing the naxal affected states in the house of the people;15(iii) leader of opposition in the legislative assembly of each of the naxalaffected state;(iv) three persons having experience of not less than fifteen years in the fieldof social or economic planning to be nominated by the central government;20(v) two persons having not less than fifteen years of experience of handlingand managing internal security; and(vi) the secretary of the department of home affairs of each of the naxal affectedstate(3) the chairperon of the council shall be nominated by the president from amongst the chief ministers of the naxal affected states in such manner, as may be prescribed(4) the term of office of the chairperson of the council shall be two years:2530provided that where a vacancy is caused in the office of the chairperson before the expiry of the period of two years due to issue of proclamation under article 356 of the constitution or otherwise, the president may nominate chief minister of any other naxal affected state as chairperson of the council for the remaining period or for a period till the new chief minister assumes office in that state, whichever is earlier 4 (1) the head office of the council shall be at nagpur in the state of maharashtra(2) the council shall meet at least five times in a calendar yearheadquarter and meetings of the council(3) the proceedings of every meeting of the council shall be forwarded to thecentral government and also to government of each of the naxal affected states35officers and staff of the council5 (1) the council shall have a secretarial staff consisting of a secretary, a planningadvisor, a financial advisor, a security advisor and such other officers and employees as the central government may, by order, determine(2) the secretarial staff of the council shall function under the direction, supervisionand control of the chairperson of the council40(3) the central government shall bear the administrative expenses of the councilincluding the salaries and allowances payable to the secretarial staff of the councilfunctions of the council6 (1) the council shall function as a planning body for balanced and all-rounddevelopment of naxal affected states(2) it shall be the responsibility of the council to formulate plans and schemes for ensuring peace and safety in the naxal affected states:5provided that the council may, if it considers necessary, formulate specific and time bound projects and schemes for areas having high naxal activity and also review, from time to time, the implementation of such projects and schemes(3) for securing the balanced development of the naxal affected states, the council shall forward the following proposals for consideration to the central government and the governments of naxal affected states:—(i) augmenting security measures; (ii) streamlining administration;10(iii) accelerating the industrial growth; (iv) improving accessibility through railways or roads;(v) providing communications and telecommunications facilities; (vi) providing electricity, drinking water and housing in rural areas;15(vii) improving health services including multi speciality healthcare facilities; (viii) providing educational facilities and gainful employment includingvocational education to people; and20(ix) compensation and financial assistance to the victims of or to the dependantsof persons killed or injured during naxalite or maoist violence and also providing government jobs to such persons for their rehabilitation(4) for the purpose of clause (iii) of sub-section (3), the council may recommend to the central government such concessions, including waiver of duty of excise, as it deems necessary, for a specific period to the industrial units in naxal affected states257 it shall be the duty of the central government and the government of each of thenaxal affected states to give due consideration to the proposals of the council and apprise the council of its views and decisions on such proposalscentral and state governments to give due consideration to the proposals of the council provision of funds to the council 8 the central government shall, after due appropriation made by parliament by law, from time to time, provide adequate funds to the council for implementation of development plans and schemes formulated by the council30power to make rules9 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act35(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe presence of naxals, maoists and anti-social elements is constantly on the rise in various parts of the country in a number of states, there is complete disruption of administrative work due to naxal activities, who are waging war by using arms and ammunitions against the state almost all areas affected by naxal activity are covered with dense forests and are located far away from the main areas all such areas are backward and poor there is an urgent need to take effective steps to bring these socially, economically and educationally backward areas into the mainstream by taking steps for their developmentit may not be correct to consider the naxalite problem as purely a problem caused by social and economic backwardness naxalites are trying to impose their ideology on the people by taking advantage of the backwardness and inaccessibility of the areas in which they operate elected representatives of local bodies from the naxal affected areas are resigning their offices due to increasing terror of the naxalites this is endangering democratic set up in these states as per the reports, as many as 6687 violent incidents have occurred in the country during the last four years resulting in death of 1856 civilians and of hundreds of policemen and security personnel given the severity of the problem, there is an urgent need for socio-economic development of the areas besides making the administration more effective the naxal affected states are rich not only in forests but also in precious minerals therefore, formulation and implementation of schemes for development of infrastructure, industries, education, health and supply of safe drinking water is the need of the hourthe bill proposes to set up a naxal affected states development council to focus on all-round development of the naxal affected states the setting up of such a council will go a long way in ensuring development of naxal affected states and as a result, the people living in naxal affected states will be free from fear and enjoy the fruits of social, economic and educational developmenthence this billnew delhi;hansraj gangaram ahirjuly 23, 2012 financial memorandumclause 3 of the bill provides for setting up of the naxal affected states development council clause 4 provides that the council shall have its headquarter at nagpur and meet at least five times in a calendar year clause 5 provides that the council shall have a secretariat it further provides that the central government shall bear the administrative expenditure including salaries and allowances of secretariat staff of the council clause 8 provides that the central government shall provide adequate funds to the council for implementing the development plans and schemes after due appropriation made by parliament by law the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees six hundred crore is likely to be involved as a recurring expenditure per annuma sum of rupees four hundred crore is also likely to be involved as non-recurring expenditure 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 to be made relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the constitution of a council to be known as the naxal affected states development council to formulate and monitor implementation of development plans and schemes for balanced and all-round development of naxal affected states and for matters connected therewith————	Parliament_bills	8c08b3f6-0ea3-5720-ac2a-6470519c805e
bill no xiv of 2013 the micro, small and medium enterprises development (amendment) bill, 2013 a billto amend the micro, small and medium enterprises development act, 2006be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the micro, small and medium enterprises development (amendment) act, 20135(2) it shall come into force on such date, as the central government may, bynotification in the official gazette, appoint27 of 20062 in the micro, small and medium enterprises development act, 2006, aftersection 10, the following sections shall be inserted, namely:—insertion of new sections 10a and 10b10"10a (1) every scheduled commercial bank shall lend to the micro, smalland medium enterprises at the rate of one per cent plus the rate of fixed deposit of such bankslending rate and limit for lending of collateral free loans(2) every scheduled commercial bank shall lend collateral free loans upto the limit of rupees two crore for micro, small and medium enterprises10b the central government shall, from time to time, notify suitable incentives to increase the inflow of equity capital in micro, small and medium enterprises"incentives to increase the inflow of equity capital5 statement of objects and reasonsthe micro, small and medium enterprises development act, 2006 aims to provide for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises in the country the said act, as well as the guidelines issued by the reserve bank of india in its circular dated 1st july, 2011 and the recommendations of various committees and task groups have brought about considerable positive changes in various areas of development of competitiveness of micro, small and medium enterprises (msmes)however, the msmes, that contribute to eight per cent of the country's gross domestic product (gdp) forty-five per cent of the manufactured output, forty per cent of our exports and that employs an estimated sixty million people, continue to face serious bottlenecks in its development lack of access to adequate and timely credit at a reasonable cost is the most cirticial problems faced by this sector hence, there is an urgent need to make it mandatory by law for scheduled commercial banks to provide affordable lending rates to msmesthe bill hence, aims to ensure lowest lending rates to msmes, fixed at one per cent plus the rate of interest for fixed deposits of the scheduled commercial banks in the countrythis would ensure more credit flow to the msme sector, without hurting commercial banks, as they will continue to have freedom to fix lending rates to other sectors or units the bill also aims to make it mandatory for scheduled commercial banks to offer msmes, collateral free loans, up to rupees 2 crore these two key changes in the principal act would revive msmes through increased credit flowhence, this billvivek gupta financial memorandumsection 2 of the bill provides that all scheduled commercial banks in the country shall lend money to msmes, at a rate of interest fixed at one per cent plus the rate of interests for fixed deposits of the banks the section makes it the responsibility of banks to ensure increased credit flow to the msme sector therefore, if enacted, the act will not incur any expenditure from the consolidated fund of india rajya sabha———— a billto amend the micro, small and medium enterprises development act, 2006————(shri vivek gupta, mp)gmgipmrnd—5533rs(s4)—8-03-2013	Parliament_bills	24c71c73-bdd5-54e1-9ced-0794a526c489
bill no 53 of 2016 the enemy property (amendment and validation) bill, 2016 a billfurther to amend the enemy property act, 1968 and the public premises(eviction of unauthorised occupants) act, 1971be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and commencement1 (1) this act may be called the enemy property (amendment and validation) act,20165(2) save as otherwise provided in this act, it shall be deemed to have come into forceon the 7th day of january, 201634 of 1968amendment of section 22 on and from the date of commencement of the enemy property act, 1968 (hereinafter referred to as the principal act), in section 2,—(i) in clause (b),—10(i) for the words "an enemy subject", the words "an enemy subjectincluding his legal heir and successor whether or not a citizen of india or the citizen of a country which is not an enemy or the enemy, enemy subject or his legal heir and successor who has changed his nationality" shall be substituted and shall always be deemed to have been substituted;5(ii) for the words "an enemy firm", the words "an enemy firm, including its succeeding firm whether or not partners or members of such succeeding firm are citizen of india or the citizen of a country which is not an enemy or such firm which has changed its nationality" shall be substituted and shall always be deemed to have been substituted;(iii) for the words "does not include a citizen of india", the words "does not include a citizen of india other than those citizens of india, being the legal heir and successor of the "enemy" or "enemy subject" or "enemy firm" shall be substituted and shall always be deemed to have been substituted;10(iv) the following explanations shall be inserted and shall always be deemed to have been inserted at the end, namely:—15'explanation 1—for the purposes of this clause, the expression"does not include a citizen of india" shall exclude and shall always be deemed to have been excluded those citizens of india, who are or have been the legal heir and successor of an "enemy" or an "enemy subject" or an "enemy firm" which or who has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of india or the citizen of a country which is not an enemy20explanation 2—for the purposes of this clause, it is hereby clarified that nothing contained in this act shall affect any right of the legal heir and successor referred to in this clause (not being inconsistent to the provisions of this act) which have been conferred upon him under any law for the time being in force';25(ii) in clause (c), in the proviso,—(i) after the words "dies in the territories to which this act extends", the words "or dies in any territory outside india" shall be inserted and shall always be deemed to have been inserted;30(ii) the following explanations shall be inserted and shall always be deemed to have been inserted at the end, namely:—35'explanation 1— for the purposes of this clause, it is hereby clarified that "enemy property" shall, notwithstanding that the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of india or the citizen of a country which is not an enemy, continue and always be deemed to be continued as an enemy property40explanation 2—for the purposes of this clause, the expression "enemy property" shall mean and include and shall be deemed to have always meant and included all rights, titles and interest in, or any benefit arising out of, such property'amendment of section 5453 on and from the date of commencement of the principal act, in section 5, after sub-section (2), the following shall be inserted, and shall always be deemed to have been inserted, namely:—50'(3) the enemy property vested in the custodian shall, notwithstanding that the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of india or the citizen of a country which is not an enemy, continue to remain, save as otherwise provided in this act, vested in the custodianexplanation—for the purposes of this sub-section, "enemy property vested in the custodian" shall include and always deemed to have been included all rights, titles, and interest in, or any benefit arising out of, such property vested in him under this act'54 after section 5 of the principal act, the following section shall be inserted, namely:—insertion of new section 5a issue of certificate by custodian10"5a the custodian may, after making such inquiry as he deems necessary, byorder, declare that the property of the enemy or the enemy subject or the enemy firm described in the order, vests in him under this act and issue a certificate to this effect and such certificate shall be the evidence of the facts stated therein"insertion of new section 5b5 on and from the date of commencement of the principal act, after section 5a (as so inserted by section 4 of this act), the following shall be inserted and shall always be deemed to have been inserted, namely:—15law of succession or any custom or usage not to apply to enemy property'5b nothing contained in any law for the time being in force relating to succession or any custom or usage governing succession of property shall apply in relation to the enemy property under this act and no person (including his legal heir and successor) shall have any right and shall be deemed not to have any right (including all rights, titles and interests or any benefit arising out of such property) in relation to such enemy property20explanation—for the purposes of this section, the expressions "custom" and"usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law in the matters of succession of property'amendment of section 6256 on and from the date of commencement of the principal act, for section 6 of the principal act, the following section shall be substituted and shall always be deemed to have been substituted, namely:—"6 (1) no enemy or enemy subject or enemy firm shall have any right and shall never be deemed to have any right to transfer any property vested in the custodian under this act, whether before or after the commencement of this act and any transfer of such property shall be void and shall always be deemed to have been void30prohibition to transfer any property vested in custodian by an enemy,enemy subjector enemy firm35 40(2) where any property vested in the custodian under this act had been transferred, before the commencement of the enemy property (amendment and validation) act, 2016, by an enemy or enemy subject or enemy firm and such transfer has been declared, by an order, made by the central government, to be void, and the property had been vested or deemed to have been vested in the custodian [by virtue of the said order made under section 6, as it stood before its substitution by section 6 of the enemy property (amendment and validation) act, 2016] such property shall, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, continue to vest or be deemed to have been vested in the custodian and no person (including an enemy or enemy subject or enemy firm) shall have any right or deemed to have any right (including all rights, titles and interests or any benefit arising out of such property) over the said property vested or deemed to have been vested in the custodian" 7 in section 8 of the principal act,—amendment of section 845(i) on and from the date of commencement of the principal act, for sub-section (1), the following sub-section shall be substituted and shall always be deemed to have been substituted, namely:—50"(1) with respect to the property vested in the custodian under this act, the custodian may take or authorise the taking of such measures as he considers necessary or expedient for preserving such property till it is disposed of in accordance with the provisions of this act"; (ii) in sub-section (2),—(a) after clause (i), the following clause shall be inserted, namely:—"(ia) fix and collect the rent, standard rent, lease rent, licence fee or usage charges, as the case may be, in respect of enemy property;'';5(b) after clause (iv), the following clause shall be inserted, namely:—"(iva) secure vacant possession of the enemy property by evicting the unauthorised or illegal occupant or trespasser and remove unauthorised or illegal constructions, if any''108 after section 8 of the principal act, the following section shall be inserted, namely:—insertion of new section 8a sale of property by custodian15"8a (1) notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority or any law for the time being in force, the custodian may, within such time as may be specified by the central government in this behalf, dispose of whether by sale or otherwise, as the case may be, with prior approval of the central government, by general or special order, enemy properties vested in him immediately before the date of commencement of the enemy property (amendment and validation) act, 2016 in accordance with the provisions of this act, as amended by the enemy property (amendment and validation) act, 201620(2) the custodian may, for the purpose of disposal of enemy property under sub-section (1), make requisition of the services of any police officer to assist him and it shall be the duty of such officer to comply with such requisition(3) the custodian shall, on disposal of enemy property under sub-section (1)immediately deposit the sale proceeds into the consolidated fund of india and intimate details thereof to the central government25 30(4) the custodian shall send a report to the central government at such intervals, as it may specify, for the enemy properties disposed of under sub-section (1), containing such details, (including the price for which such property has been sold and the particulars of the buyer to whom the properties have been sold or disposed of and the details of the proceeds of sale or disposal deposited into the consolidated fund of india) as it may specify35(5) the central government may, by general or special order, issue such directions to the custodian on the matters relating to disposal of enemy property under sub-section (1) and such directions shall be binding upon the custodian and the buyer of the enemy properties referred to in that sub-section and other persons connected to such sale or disposal(6) the central government may, by general or special order, make such guidelines for disposal of enemy property under sub-section (1)40(7) notwithstanding anything contained in this section, the central government may direct that disposal of enemy property under sub-section (1) shall be made by any other authority or ministry or department instead of custodian and in that case all the provisions of this section shall apply to such authority or ministry or department in respect of disposal of enemy property under sub-section (1)45(8) notwithstanding anything contained in sub-sections (1) to (7), the central government may deal with or utilise the enemy property in such manner as it may deem fit"insertion of new section 10a9 after section 10 of the principal act, the following section shall be inserted, namely:—power to issue certificate of sale50"10a (1) where the custodian proposes to sell any enemy immovable property vested in him, to any person, he may on receipt of the sale proceeds of such property, issue a certificate of sale in favour of such person and such certificate of sale shall, notwithstanding the fact that the original title deeds of the property have not been handed over to the transferee, be valid and conclusive proof of ownership of such property by such person5(2) notwithstanding anything contained in any law for the time being in force, the certificate of sale, referred to in sub-section (1), issued by the custodian shall be a valid instrument for the registration of the property in favour of the transferee and the registration in respect of enemy property for which such certificate of sale had been issued by the custodian, shall not be refused on the ground of lack of original title deeds in respect of such property or for any such other reason"10amendment of section 1110 in section 11 of the principal act, after sub-section (2), the following sub-section shall be inserted, namely:—5 of 190815"(3) the custodian, deputy custodian or assistant custodian shall have, for the purposes of exercising powers or discharging his functions under this act, the same powers as are vested in a civil court under the code of civil procedure,1908, while dealing with any case under this act, in respect of the following matters, namely:—(a) requiring the discovery and inspection of documents;20(b) enforcing the attendance of any person, including any officer dealingwith land, revenue and registration matters, banking officer or officer of a company and examining him on oath;(c) compelling the production of books, documents and other records; and (d) issuing commissions for the examination of witnesses or documents"amendment of section 172511 in section 17 of the principal act, in sub-section (1), for the words "two per centum", at both the places where they occur, the words "five per centum" shall be substituted12 for section 18 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 1830transfer of property vested as enemy property in certain cases35"18 the central government may, on receipt of a representation from a person, aggrieved by an order vesting a property as enemy property in the custodian within a period of thirty days from the date of receipt of such order and after giving a reasonable opportunity of being heard, if it is of the opinion that any enemy property vested in the custodian under this act and remaining with him was not an enemy property, it may by general or special order, direct the custodian that such property vested as enemy property in the custodian may be transferred to the person from whom such property was acquired and vested in the custodian"insertion of new section 18a13 on and from the date of commencement of the principal act, after section 18 (as so substituted by section 12 of this act), the following section shall be inserted and shall always be deemed to have been inserted, namely:—40income not liable to be returned"18a any income received in respect of the enemy property by the custodianshall not, notwithstanding that such property had been transferred by way of sale under section 8a or section 18, as the case may be, to any other person, be returned or liable to be returned to such person or any other person"14 after section 18a of the principal act, (as so inserted by section 13 of this act), the following section shall be inserted, namely:—insertion of new section 18b45bar of jurisdiction"18b no civil court or other authority shall entertain any suit or other proceedingin respect of any property, subject-matter of this act as amended by the enemy property (amendment and validation) act, 2016, or any action taken by the central government or the custodian in this regard"amendment of section 2015 in section 20 of the principal act, for the words "five hundred rupees" at both the places where they occur, the words "ten thousand rupees" shall be substitutedamendment of section 22516 on and from the date of commencement of the principal act, in section 22 of the principal act, after the words "for the time being in force", the brackets and words "(including any law of succession or any custom or usage in relation to succession of property)" shall be inserted and shall always be deemed to have been inserted17 after section 22 of the principal act, the following section shall be inserted and shall always be deemed to have been inserted with effect from the 2nd july, 2010, namely:—insertion of new section 22a validation10"22a notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,—(a) the provisions of this act, as amended by the enemy property(amendment and validation) act, 2016, shall have and shall always be deemed to have effect for all purposes as if the provisions of this act, as amended by the said act, had been in force at all material times;15 20(b) any enemy property divested from the custodian to any person under the provisions of this act, as it stood immediately before the commencement of the enemy property (amendment and validation) act, 2016, shall stand transferred to and vest or continue to vest, free from all encumbrances, in the custodian in the same manner as it was vested in the custodian before such divesting of enemy property under the provisions of this act, as if the provisions of this act, as amended by the aforesaid act, were in force at all material times;25 30(c) no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such court or tribunal or authority directing divestment of enemy property from the custodian vested in him under section 5 of this act, as it stood before the commencement of the enemy property (amendment and validation) act, 2016, and such enemy property shall continue to vest in the custodian under section 5 of this act, as amended by the aforesaid act, as the said section, as amended by the aforesaid act was in force at all material times;35(d) any transfer of any enemy property, vested in the custodian, by virtue of any order of attachment, seizure or sale in execution of decree of a civil court or orders of any tribunal or other authority in respect of enemy property vested in the custodian which is contrary to the provisions of this act, as amended by the enemy property (amendment and validation) act, 2016, shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the custodian under this act"18 in section 23 of the principal act, in sub-section (2), clause (d) shall be omittedamendment of section 2340power to removal of difficulty40 of 19714519 (1) if any difficulty arises in giving effect to the provisions of the principal act, as amended by the enemy property (amendment and validation) act, 2016, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as amended by the enemy property (amendment and validation) act, 2016, or the public premises (eviction of unauthorised occupants) act, 1971, as amended by the enemy property (amendment and validation) act, 2016, as may appear to be necessary for removing the difficulty:ord 1 of 2016provided that no such order shall be made under this section after the expiry of two years from the date on which the enemy property (amendment and validation) bill, 2016, replacing the enemy property (amendment and validation) ordinance, 2016, receives the assent of the president(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament20 in the public premises (eviction of unauthorised occupants) act,1971,—amendment of sections 2 and 3 of act 40 of 19715(a) in section 2, in clause (e), after sub-clause (3), the following sub-clause shall be inserted, namely:—34 of 1968"(4) any premises of the enemy property as defined in clause (c) of section2 of the enemy property act, 1968"; (b) in section 3, in clause (a),—(i) in the second proviso, the word "and" shall be omitted;10(ii) after the second proviso, the following proviso shall be inserted, namely:—34 of 196815"provided also that the custodian, deputy custodian and assistant custodian of the enemy property appointed under section 3 of the enemy property act, 1968 shall be deemed to have been appointed as the estate officer in respect of those enemy property, being the public premises, referred to in sub-clause (4) of clause (e) of section 2 of this act for which they had been appointed as the custodian, deputy custodian and assistant custodian under section 3 of the enemy property act, 1968"20savingsord 4 of 2010 34 of 1968 40 of 19712521 notwithstanding the cessation of the operation of the enemy property(amendment and validation) ordinance, 2010, anything done or any action taken under the enemy property act, 1968, or the public premises (eviction of unauthorised occupants) act, 1971, as amended by the enemy property (amendment and validation) ordinance, 2010, shall be deemed to have been done or taken under the corresponding provisions of those acts, as amended by the enemy property (amendment and validation) ordinance, 2010, as if the provisions of this act, as amended by the said ordinance had been in force at all material timesord 1 of 2016repeal and savings22 (1) the enemy property (amendment and validation) ordinance, 2016 is herebyrepealed3034 of 1968(2) notwithstanding such repeal, anything done or any action taken under the enemy property act, 1968 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 enemy property act, 1968 was enacted on the 20th august, 1968 to, inter alia, provide for the continued vesting of enemy property vested in the custodian of enemy property for india under the defence of india rules, 1962 and for matters connected therewith2 of late, there have been various judgments by various courts that have adversely affected the powers of the custodian and the government of india as provided under the enemy property act, 1968 in view of such interpretation by various courts, the custodian is finding it difficult to sustain his actions under the enemy property act, 19683 in the above circumstances, it has become necessary to amend the enemy property act, 1968, inter alia, to clarify the legislative intention with retrospective effect providing—(a) that the definition of "enemy" and "enemy subject" shall include the legal heir and successor of an enemy, whether a citizen of india or a citizen of a country which is not an enemy and also include the succeeding firm of an enemy firm in the definition of "enemy firm" irrespective of the nationality of its members or partners;(b) that the enemy property shall continue to vest in the custodian even if the enemy or enemy subject or enemy firm ceases to be enemy due to death, extinction, winding up of business or change of nationality or that the legal heir or successor is a citizen of india or a citizen of a country which is not an enemy;(c) that the enemy property shall continue to vest in the custodian with all rights, title and interest in the property and the custodian shall preserve the same till it is disposed of by the custodian, with the prior approval of the central government, in accordance with the provisions of this act;(d) that the custodian shall, after making such inquiry as he deems necessary, declare that the property of the enemy or the enemy subject or the enemy firm vest in him under the aforesaid act and issue a certificate to that effect which would be evidence of the facts stated therein;(e) that the law of succession or any custom or usage governing succession shall not apply in relation to enemy property;(f) that no enemy or enemy subject or enemy firm shall have any right and shall never be deemed to have any right to transfer any property vested in the custodian and any transfer of such property shall be void;(g) that the custodian, with prior approval of the central government, may dispose of the enemy properties vested in him in accordance with the provisions of the said act and for this purpose the central government may issue such directions to the custodian which shall be binding upon him;(h) that the central government may transfer the property vested in the custodian which was not an enemy property to the person who has been aggrieved by the vesting order issued by the custodian 4 in order to have speedy and effective eviction of unauthorised occupants from the enemy property under the custodian, it is proposed to amend the public premises (eviction of unauthorised occupants) act, 1971 so as to declare the custodian, deputy custodian and assistant custodian of enemy property appointed under the enemy property act, 1968 as "estate officer" in respect of the enemy properties5 as parliament was not in session and an urgent legislation was required to be made, the president promulgated the enemy property (amendment and validation) ordinance, 2016 on the 7th january, 20166 the bill seeks to replace the aforesaid ordinancenew delhi;rajnath singhthe 23rd february, 2016 annexure extracts from the enemy property act, 1968 (34 of 1968)\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|definitions2 in this act, unless the context otherwise requires,—(a) 51 of 196242 of 1971(b) "enemy" or "enemy subject" or "enemy firm" means a person or country who or which was an enemy, an enemy subject or an enemy firm, as the case may be, under the defence of india act, 1962, and the defence of india rules, 1962 or the defence of india act, 1971 and the defence of india rules, 1971, but does not include a citizen of india;(c) "enemy property" means any property for the time being belonging to or held or managed on behalf of an enemy, an enemy subject or an enemy firm:provided that where an individual enemy subject dies in the territories to which this act extends, any property which immediately before his death, belonged to or was held by him or was managed on his behalf, may, notwtihstanding his death, continue to be regarded as enemy property for the purposes of this act;\| \| \| \| \| \| \|\|------\|------\|------\|------\|------\|-----\|transfer of property vested in custodian by enemy or enemy subject or enemy firm6 where any property vested in the custodian under this act has been transferred, whether before or after the commencementof this act, by an enemy or an enemy subject or an enemy firm where it appears to the central government that such transfer is injurious to the public interest or was made with a view to evading or defeating the vestig of the property in the custodian, then, the central government may, after giving a reasonable opportunity to the transferee to be heard in the matter, by order, declare such transfer to be void and on the making of such order, the property shall continue to vest or be deemed to vest in the custodian\| \| \| \| \| \| \|\|------\|------\|------\|------\|------\|-----\|8 (1) with respect to the property vested in the custodian under this act, the custodian may take or authorise the taking of such measures as he considers necessary or expedient for preserving such property and where such property belongs to an individual enemy subject, may incur such expenditure out of th eproperty as he considers necessary or expedient for the maintenance of that individual or of his family in indiapowers of custodian in respect of enemy property vested in him(2) without prejdice to the generality of the foregoing provision, the custodian or such person as may be specifically authorised by him in this behalf, may for the said purpose,—(i) carry on the business of the enemy; (iv) institute, defend or continue any suit or other legal proceeding, refer any dispute to arbitration and compromise any debts, claims or liabilities; levy of fees17 (1) there shall be levied by the custodian fees equal to two per centum of—(a) the amount of moneys paid to him; (b) the proceeds of the sale or transfer of any property which has been vested in him under this act; and(c) the value of the residual property, if any, at the time of its transfer to the original owner or other person specified by the central government under section 18: provided that in the case of an enemy whose property is allowed by the custodian to be managed by some person specially authorised in that behalf, there shall be levied a fee of two per centum of the gross income of the enemy or such less fee as may be specifically fixed by the central government after taking into consideration the cost of direct management incurred by that government, the cost of superior supervision and any risks that may be incurred by that government in respect of the management:provided further that the central government may, for reasons to be recorded in writing, reduce or remit the fees leviable under this sub-section in any special case or class of casesexplanation—in this sub-section "gross income of the enemy" means income derived out of the properties of the enemy vested in the custodian under this act [10] m cdivesting of enemy property vested in custodian18 the central government may, by general or special order, direct that any enemy property vested in the custodian under this act and remaining with him shall be divested from him and be turned, in such manner as may be prescribed, to the owner thereof or to such other person as may be specified in the direction and thereupon such property shall cease to vest in the custodian and shall revest in such owner or other person [10] m cpenalty20${}^{\circ}$(3) if any person fails to comply with a requisition made by the custodian under sub-section (1) or sub-section (2) of section 11, he shall be punishable with fine which may extend to five hundred rupees(4) if any person fails to submit the return under sub-section (2) of section 15, or furnishes such return containing any particular which is false and which he knows to be false or does not believe to be true, he shall be punishable with fine which may extend to five hundred rupees [10] m c22 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceeffect of laws in consistent with the act23 (1) power to make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for— (d) the manner in which enemy property vested in the custodian may be returned under section 18; extracts from the public premises (eviction of unauthorised occupants) act, 1971 (40 of 1971)\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|definitions2 in this act, unless the context otherwise requires,—\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|3 the central government my, by notification in the official gazette,—appointment of estate officers(a) appoint such persons, being gazetted officers of government or of the government of any union territory or officers of equivalent rank of the statutory authority, as it thinks fit, to be estate officers for the purposes of this act:provided that no officer of the secretariat of the rajya sabha shall be so appointed except after consultation with the chairman of the rajya sabha and no officer of the secretariat of the lok sabha shall be so appointed except after consultation with speaker of the lok sabha:provided further that an officer of a statutory authority shall only be appointed as an estate officer in respect of the public premises controlled by that authority; and\| \| \| \| \| \|\|------\|------\|------\|------\|-----\| lok sabha———— a billfurther to amend the enemy property act, 1968 and the public premises(eviction of unauthorised occupants) act, 1971————gmgipmrnd—4678ls(s3)—01032016	Parliament_bills	406ed70e-f3d1-510b-8950-1618fe573c40
bill no 16 of 1989 the appropriation (railways) bill, 1969 a billto authorise payment and appropriation oj certain suirrt8 from and 01114 of the consolidated fund of india for the services of the :financial year 1989-90 for tihe purposes of railways be it enacted by parliament in the fortieth year of the republic of india as follows:-l this act may be called the appropriation (railways) act, 1989 short title 2 from and out of the consolidated fund of india there may be paid 5 and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of eighteen thousand nine hundred and four c,rores, eighty-three lakhs and fifty-nine thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1989-90, in respect of the services 10 relating to railways specified in column 2 of the schedule issue ofbs j8904,83, 59,000 out of the consolidated fund of india for the financial year 1989-90 appropriation 3 the sums authorised to be paid and applied from and out of the consolidated fund of india by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year 2 3 __1 ___________ ----------------no sums not excccdina s of services and pur,,<lses ----------------voted by chi rgcd on vote tott] pl'rliament ! the co1l5olidritcd i i fund i s s, ~s -'--r _-_1- r i9,20,14,~" 9 ~o 14 ()("i railway board i -1"-------1 ! i , ,~, , " 10 t 65,32,07,000 65,32,07,000 2 miaoeuaneous expenditure (ooneral) 431,93,78,000 431,96,20,()()(l 3 i general superintendence and services on railways is 902,30,92,000 10,11,000 i 902,20,8 i ,000 i 4 repairs and maintenance of permanent way and works s ropairs and mailltcn:mcc ,)f 702,19,43,000 :;,94,000 motive power i 702,15,47,000 i , 6 940,86,49,000 repairs and maintenance of carri:lges and wag>ns i 20 940,83,94,(i()o : i ~s5,ooo i i ! 482,14,05,000 2,00,000 482,16,05,()(l(1 7 i repairs and maintenance of plunt i and equipment i 766,38,4~,ooo 59,00,000 8 opcratine eltpcnses-rollill3 stock and equipment 766,97,45,000 1147,17,71,000 operating expcnse!-tr~ffic ;,5;,000 1147,21,14,000 i i i 2s 1483,28,98,000 i 1483,30,98,000 operatina exjltnse6-fuel 2,04,000 i 67,000 i staff wclf~re and amenities 309,os,93,ooo i' 309,06,60,000 480,41,52,00(1 12 miscellaneous workina expenses 7sr,i6,004! 472,95,16,000 i 706,35,32,000 j 707,57,26,cx'ij 13 provident fund pension and other retirement bent'fits i 1~i,94,ooo j , 30 2621,00,00,000 14 appropriation to funds i 15 dividend to gcn"1 rcvenu~s, rcpayment of loans t ken from i general revenuc:> and amoni- 1 zation 3rover-capitllliz~tjon i 3s ancts-acquisltion, con'ltruction ! and replowement-16 i 2621,00,00,000 ' ! 8s6,39,62,ooo ; i i i ~,02,24,ooo 50,01,74,000 i 50,000 revenue other expadilllf'e capital 3062,65,55,000 40 railway fttncb i, "'''65 ",ooo! -1 i 1886,07,33,000) 650,000 i 1886,13,8~,ooo ! 1----;------ i 18891,16,65,000: ij,66,94,ooo i 18904,83,59,000 total statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the cojl$titution 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 of india and the grants made by the lok sabha in respect: of the estimated expenditure of the central government on railways for the financial year 1989-90 madha vrao scindia president's recommendation under article 117 of the constitution of india[copy of lette,r no 89-:8-401 dated 23 february, 1989 from shri madbavrao scindia, minister of state for railways to the secretary-general, lok sabha] the president, having been informed of the subject matter of the proposed appropriation bill to authorise paymen~ and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 1989-90 for the purposes of railways recommends under clauses (1) and (3) of article 117 of the constitution of india, the introduction in and ,consideration l;>y lok ~bha of the appropriation bill a billto autbq1'iae payment and appropriation of certain sums from and out of the consolidated fund of india for the serviees of the financlal tear 1989-90 for the purpose of railways (shri madoovroo scindia, minister of state in the ministry of railtdclyl)	Parliament_bills	fc6de57b-8a9f-574d-9999-cfb8f568a631
financial memorandumclause 5 of the bill provides for establishment of "receiving centres" by the appro- priate government clause 6 of the bill provides for establishment of beggars' welfare fund by the central government clause 7 of the bill provides for formulation of schemes concemed, 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 tecurring expenditure of about tupees eight hundred crore per annum a non-recurring expenditure of about tupees 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 f	Parliament_bills	1ba15542-7b2b-5083-b7b0-fab8315b7854
the merchant shipping bill, 2016 ————— arrangement of clauses—————clauseschapter i preliminary1 short title and commencement 2 application of act 3 definitions part ii establishment of boards and general administration chapter i establishment of national shipping board and seafarers welfare board4 establishment of national shipping board 5 constitution of seafarer welfare board chapter ii general administration6 director- general of shipping 7 surveyor8radio inspector9 mercantile marine department10 shipping office 11 seafarer's employment office12 seafarer's welfare officer part iii registration of vessels13 application of part chapter i registration of indian vessels14 obligation to register 15 registrar of indian vessels 16 application for registry 17 marking, survey and measurement of vessels before registry 18 power of registrar to inquire into title of indian vessel to be so registered 19 grant of certificate of registry 20 custody and use of certificate 21 endorsement on certificate of change of ownership 22 delivery of certificate of vessel lost or ceasing to be an indian vessel23 provisional registration of indian vessel 24 transfer of indian vessel or shares 25 registry of transfer 26 transmission of property in indian vessel on death, insolvency, etc 27 order for sale where vessel has ceased to be an indian vessel 28 transfer of vessel on sale by order of court 29 mortgage of vessel or share 30 rights of mortgagee 31 mortgage not affected by insolvency 32 transfer of mortgages 33 transmission of interest in mortgage in certain circumstance 34 description of name, call sign and an official number of indian vessel 35 registry of alterations 36 provisional certificate and endorsement where vessel is to be registered anew 37 registry anew on change of ownership 38 transfer of registry 39 restrictions on re-registry of abandoned vessel 40 national colours for indian vessels 41 concealment of indian, or assumption of foreign, character 42 liabilities of vessel not recognized as indian vessel 43 proceedings on forfeiture of vessel 44 liability of owners 45 evidence of register book, certificate of registry and other documents 46 closure of registry chapter ii registration of vessels on bareboat charter-cum-demise by indian charterer47 application of this chapter 48 definitions 49 registration of vessel chartered on bareboat charter-cum -demise 50 power to make rules in respect of matters in this part part iv certificate of competency and certificate of proficiency51 certificates to be held by seafarers 52 certificate of competency and certificate of proficiency 53 training for grant of certificate of competency and certificate of proficiency 54 examinations for grant of certificates 55 production of certificate of competency 56 recognition of certificates of competency granted in other countries 57 foreign vessel not to sail without certificated seafarers 58 obligations of certain certificate holders to serve the government or in indian vessels 59 power to make rules clauses part v seafarers60 application of this part 61 definitions 62 classification of seafarer, maritime labour standards and prescription of minimumscale63 application of maritime labour standards to seafarers and ships 64 duties of shipping master 65 business of seafarer's employment office 66 supply or recruitment or engagement of seafarer 67 agreements with seafarers 68 power to make rules for enforcement of maritime labour convention 69 wages on termination of service for wreck, illness, etc 70 wages not to accrue during absence without leave, refusal to work or imprisonment 71 compensation to seafarers on premature discharge 72 restrictions on sale of and charge upon wages 73 discharge of seafarers 74 wages and property of deceased seafarers and seafarers left behind 75 repatriation of seafarer on termination of service at foreign port 76 certain undisbursed amounts to be utilised for welfare of seafarers 77 decision of questions by shipping masters 78 power of shipping master to require production of ship's papers 79 summary proceedings for wages 80 restrictions on suits for wages 81 wages not recoverable outside india in certain cases82 remedies of master for wages, disbursements, etc 83 power to refer disputes between seafarers and their employers to tribunal 84 recovery of wages, etc, of seafarers lost with their ship 85 nomination 86 relief and maintenance of distressed seafarers 87 evidence of distress 88 inspection by shipping master, etc 89 special provisions for the protection of seafarers in respect of litigation 90 facilities for making complaints 91 assignment or sale of salvage invalid 92 ship not to be boarded without permission 93 misconduct endangering life or ship 94 desertion and absence without leave 95 general offences against discipline 96 smuggling of goods by seafarer 97 entry of offences in official log book98 report of desertions and absences without leave 99 entries and certificates of desertion abroad100 facilities for proving desertion in proceedings for forfeiture of wages 101 application of forfeitures 102 decision of questions of forfeiture and deduction in suits for wages 103 payment of fines imposed under agreement to shipping master 104 seafarer not to be enticed to desert 105 stowaways and seafarers carried under compulsion 106 on change of master, documents to be handed over to successor 107 deserters from foreign ships 108 official logbook 109 power to make rules for this part part vi safety and security110 application of this part 111 definitions 112 safety and security requirement 113 reporting of incidents 114 obligation to render assistance on receiving signal of distress and to persons indanger115 search and rescue services 116 radio communication requirements 117 information about vessel stability 118 submersion of load lines 119 no vessel to carry passenger without a certificate 120 vessel not to proceed to sea without valid safety and security certificates121 offences 122 vessel not to carry cargo or passengers in contravention of act 123 unseaworthy vessel not to be sent to sea 124 obligation of owner to crew with respect to seaworthiness 125 safety and security management 126 control measures and detention of vessels 127 liability for costs and damage when vessels detained 128 power to make rules part vii prevention, containment of pollution from vessel and response129 application of this part 130 definitions 131 control of discharge or emission of harmful substances or dumping at sea 132 requirements of prevention and containment of pollution and response 133 vessel not to proceed to sea without valid pollution prevention certificates 134 record books135 reception facilities 136 powers to take measures for prevention or containment of pollution and reporting ofincidents137 power of the central government to give directions to certain vessels or persons torender certain service138 power to make rules part viii survey, audit and certification139 survey, audit and certification 140 certificates 141 power of surveyor 142 compliance of provisions of convention 143 recognition of certificates issued outside india 144 issue of certificate to foreign vessels in india and indian vessels in foreign countries 145 power to make rules for this part part ix maritime liability and compensation chapter i collision, accident at sea and liability146 application of this chapter 147 apportionment of liability 148 damages for personal injury 149 right of contribution 150 duty of master of vessel to assist in case of collision 151 collision to be entered in official log book 152 report to central government of accidents to vessels 153 notice of loss of indian vessel to be given to central government chapter ii limitation of liability for maritime claims154 application of this chpater 155 limitation of liability for damages in respect of certain claims 156 conduct barring limitation 157 counter claims 158 limits of liability 159 limit for passenger claims 160 aggregation of claims 161 limitation of liability without constitution of a limitation 162 constitution of limitation fund 163 distribution of the fund 164 bar to other actions165 scope of application166 power to make rulesclauses chapter iii civil liability for oil pollution damage167 application of this chapter 168 definitions 169 liability of owner 170 joint and several liability for ships 171 limitation of liability 172 constitution of limitation fund 173 acquisition of right for compensation by subrogation 174 consolidation of claim and distribution of fund 175 compulsory insurance or other financial guarantee 176 acceptance of certificate issued outside india 177 ban on entering or leaving an indian port without certificate 178 direct action against insurer or other person providing financial security 179 limitation period 180 government ships 181 power to make rules chapter iv civil liability for bunker oil pollution damage182 application of this chapter 183 definitions 184 liability for bunker oil pollution 185 exemption from liability 186 right of owner to limitation of liability 187 determination of limitation of liability 188 consolidation of claims and distribution of amount189 extinguishment of right to claim 190 maintenance of compulsory insurance or other financial security 191 direct action against insurer or other person providing financial security 192 issue of certificate 193 ban on entering or leaving port without certificate 194 right of recourse 195 recognition and enforcements of decision of the court 196 power to make rules chapter v international oil pollution compensation fund197 application 198 definitions 199 contribution to fund 200 contribution payable by persons to the fund 201 liability of fund202 power to call for information 203 claims against fund and jurisdiction of courts 204 extinguishment of claims 205 subrogation and right of recourse 206 power to make rules part x investigation and inquiries207 marine casualties and report thereof 208 power of central government to initiate proceedings 209 power to cancel, suspend, etc, certificate of seafarers 210 re-hearing 211 application of this chapter to wrecks part xi wreck and salvage chapter i wreck212 definitions 213 receivers of wreck 214 duty to report wrecks 215 determination of hazard 216 locating and marking of wrecks 217 power to pass over adjoining lands 218 prohibition of certain acts in respect of wreck 219 search warrants where wreck is involved 220 measures to facilitate the removal of wrecks 221 liability of owner222 maintenance of insurance or other financial security 223 exception to liability 224 claims of owners to wreck 225 extinguishment of right to claim recovery of costs chapter ii salvage226 application of this chapter to salvage 227 definitions 228 salvage award 229 salvage payable for saving life, cargo or wreck 230 salvage operations controlled by government or port and public authorities 231 salvage contracts 232 duties of salvor, owner and master 233 rights and duties of central government in relation to salvage operations 234 rights of salvors235 adjudication of disputes 236 extinguishment of claims 237 savings 238 power to make rules respecting wreck and salvage part xii control of indian vessels and foreign vessels engaged in coasting trade239 application of this part 240 licensing of vessels 241 revocation, modification or surrender of licence 242 no port clearance until licence is produced243 power to give direction244 powers of central government to protect interests of indian shipping from undueforeign intervention245 power to make rules part xiii sailing, fishing and other vessels246 application of part 247 decision on whether a vessel falls under this part 248 requirements for safety, security, prevention of pollution and insurance 249 vessel not to proceed without valid certificates 250 statement relating to crew of vessels to be maintained 251 inquiry to jettisoning of cargo 252 detention of vessel by proper officer 253 detention of unseaworthy vessels 254 power to exempt255 power to make rules part xiv penalties and procedures256 penalties 257 place of trial and jurisdiction of court 258 special provision regarding punishment 259 cognizance of offence 260 offences by companies 261 depositions to be received in evidence when witness cannot be produced 262 power to detain foreign vessel that has occasioned damage 263 power to enforce detention of vessel 264 levy of wages, etc, by distress of movable property or vessel 265 notice to be given to consular representative of proceedings taken in respect offoreign vessel266 service of documentsclauses part xv miscellaneous267 birth and death of persons on board vessel during a voyage 268 inquiry into cause of death on board or person missing from indian vessel 269 certain persons deemed to be public servants 270 power of persons authorised to investigate, inquire, etc 271 power to permit alternative provisions and arrangement 272 control of nuclear vessels and security measures 273 exemption of public vessels, foreign and indian 274 power to exempt 275 general power to make rules 276 provisions with respect to rules 277 protection of persons acting under the act 278 agreement with other countries 279 removal of difficulties 280 repeal and savings bill no 236 of 2016 the merchant shipping bill, 2016 a billto consolidate and amend the law relating to merchant shipping to ensure compliance with the country's obligation under the maritime treaties and international instruments to which india is a party and also to ensure the efficient maintenance of indian mercantile marine in a manner best suited to serve the national interestbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— part i preliminary51 (1) this act may be called the merchant shipping act, 2016short title and commencement(2) it shall come into force on such date as the central government may, by notification,appoint, and different dates may be appointed for different provisions of this actapplication of act2 (1) unless otherwise expressly provided, the provisions of this act shall apply to,—(a) any vessel which is registered in india; or10(b) any vessel which is required by this act to be so registered, wherever it may be (2) unless otherwise expressly provided, the provisions of this act which apply to vessels other than those referred to in sub-section (1) shall so apply only while any such vessel is within india or in waters within the jurisdiction of india5(3) subject to sub-section (2) and unless otherwise expressly provided, the provisions of this act shall not apply to indian controlled tonnage vesselsdefinitions3 in this act, unless the context otherwise requires,—(1) "1992 liability convention" means the international convention on civil liability for oil pollution damage, 1992;10(2) "anti-fouling systems convention" means international convention on control of harmful antifouling systems on ships, 2001;15(3) "audit" means a systematic and independent examination to determine whether the management system as provided in safety convention complies with the planned arrangements and such arrangements are implemented effectively and are sufficient to achieve the desired objectives;(4) "ballast water management convention" means the international convention for the control and management of ships' ballast water and sediments, 2004;20(5) "certificate of competency" or "certificate of proficiency" means the certificate of competency or certificate of proficiency, as the case may be, granted under subsection (1) of section 52;(6) "coasts" include the coasts of creeks and tidal waters25explanation—for the purposes of this clause, the expression "tidal waters"means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides and not being a harbor;(7) "coasting trade of india" means,—(a) the carriage by sea of goods, passengers from any port or place in india to any other port or place in india, or3080 of 1976(b) performing any service within waters in the jurisdiction of india, including the zones as defined under the territorial water, continental shelf, exclusive economic zones and other maritime zones of india act, 1976;18 of 2013(8) "company" means a company as defined in clause (20) of section 2 of the companies act, 2013;35(9) "convention" means any international convention or treaty or agreement in relation to maritime matters and their protocols to which india is a party;(10) "convention certificate" means a certificate issued under the provisions of any convention;(11) "court", in relation to any proceedings, includes any court having jurisdiction in the matter to which the proceedings relate;40(12) "director-general" means the director-general of shipping appointed under sub-section (1) of section 6;(13) "distressed seafarer" means a seafarer engaged under this act, who has been discharged or left behind or abandoned including by reason of any captivity not in accordance with law, or shipwrecked, is in distress;455(14) "equipment", in relation to a vessel, includes boats, tackle, machinery, boilers, cargo handling gear, pumps and any fitting, anchor, propeller, apparels, furniture, life-saving appliances of every description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears and appliances of all kinds and all other stores and spares or articles belonging to or to be used in connection with or necessary for the navigation, propulsion, security, pollution prevention and safety of the vessel;(15) "family" means: —10(i) in the case of male, his wife, his children whether married or unmarried, his dependent parents and his deceased son's widow and children:15provided that if a person proves that his wife has ceased under the personal law governing him or the customary law of the community to which the spouses belong, to be entitled to maintenance, she shall no longer be deemed to be a part of such person's family for the purposes of this act, unless such person subsequently intimates by express notice in writing to the central government that she shall continue to be so regarded; and20(ii) in the case of female, her husband, her children, whether married or unmarried, her dependent parents, her husband's dependent parents and her deceased son's widow and children:25provided that if a person by notice in writing to the central government expresses her desire to exclude her husband from the family, the husband and his dependent parents shall no longer be deemed to be a part of such person's family for the purpose of this act, unless such person subsequently cancels in writing any such notice30explanation— in either of the above two cases, if the child, or, as the case may be, the child of deceased son of a person has been adopted by another person and if, under the personal law of the adopter, adoption is legally recognised, such a child shall be considered as excluded from the family of the first mentioned person;(16) "fishing vessel" means a vessel which is exclusively engaged in fishing in the seas;(17) "gross tonnage" means the measure of the overall size of a vessel determined in accordance with the rules made in this behalf;35(18) "high court", in relation to a vessel, means a high court within the limits of whose appellate jurisdiction,—(a) the port of registry of the vessel is situate, or (b) the vessel is for the time being, or (c) the cause of action, wholly or in part, arises;40(19) "indian consular officer" means the consul-general, consul, vice-consul, consular agent and pro consul appointed as such by the central government and includes any person authorised by the central government to perform the functions of consul-general, consul, vice-consul, consular agent and pro consul;45(20) "indian controlled tonnage vessel" means an indian vessel, other than an fishing vessel or sailing vessel, registered at a port or place in a country other than india under sub-section (2) of section 14;(21) "indian ship" or "indian vessel" means a ship or a vessel, as the case may be, which is substantially owned by the person referred in sub-section (3) of section 14;(22) "llmc convention" means the convention on limitation of liability for maritime claims, 1976;5(23) "maritime labour convention" means the maritime labour convention,2006;(24) "marpol convention" means the international convention for the prevention of pollution from ships, 1973 and protocols;(25) "master" includes any person (except a pilot or a harbour master) having command or charge of a vessel;10(26) "notification" means a notification published in the official gazette and the expression "notified" shall be construed accordingly;(27) "owner", in relation to a vessel means the person to whom the vessel or a share in the vessel belongs;(28) "passenger" means any person carried on board a vessel, except—15(a) a person employed or engaged in any capacity on board the vessel on the business of the vessel;20(b) a person on board the vessel either in pursuance of the obligations laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances which neither the master nor the charterer, if any, could have prevented or forestalled; and(c) a child under one year of age;(29) "passenger vessel" means a vessel carrying more than twelve passengers; (30) "pollution damage" means,—25(a) loss or damage caused outside the vessel resulting from the escape, emission or discharge of cargo, oil or any other material from the vessel, wherever such escape, emission or discharge may occur, or(b) the costs of preventive measures and further loss or damage caused by preventive measures;30(31) "pollution prevention convention" means any convention relating to prevention of pollution from vessels, to which india is a party; including marpol convention, anti-fouling systems convention and ballast water management convention;(32) "port" means the port as defined in clause (4) of section 3 of the indian ports act, 1908;3515 of 1908(33) "port authority" means,—(a) in relation to any major port, the board of trustees, or, as the case may be, the board of directors, in respect of that port constituted under any law for the time being in force;4015 of 1908(b) in relation to any other port, the conservator of the port appointed under section 7 of the indian ports act, 1908;(c) in relation to any terminal or place not forming a part of a port, the person under whose supervision the terminal or place is operated; (34) "port of registry", in relation to a vessel, sailing vessel, fishing vessel or any other vessel, means the port at which she is registered or is to be registered;45(35) "prescribed" means prescribed by rules made under this act; (36) "principal officer" means an officer referred to in section 9 of this act; (37) "proceeding" includes any suit, appeal or application under this act;5(38) "proper officer" means the officer designated by the central government to be the proper officer at the port or place and in respect of the matter to which the reference is made in the provision of this act, in which the expression occurs;(39) "proper return port" means such port as is agreed upon by the seafarer, and his employer in the agreement or otherwise, or in the absence of agreement, the port where the seafarer was employed or joined the vessel;(40) "property", in relation to a seafarer, includes personal effects;10(41) "reception facilities", in relation to a port, terminal ship yard, ship repair facility or ship recycling facility, means facilities for enabling vessels using the port, terminal ship yard, ship repair facility or ship recycling facility to discharge or deposit any substance subject to control by the pollution prevention conventions;15(42) "registrar" means the registrar referred to in section 15; (43) "registered owner" means the person or persons registered as the owner of the vessel;20(44) "removal" means any form of prevention, mitigation or elimination of the hazard created by a wreck, and the expressions "remove", "removed" and "removing" shall be construed accordingly;(45) "rule" means the rule made under this act; (46) "safety convention" means the international convention for the safety of life at sea, 1974 and its protocols;25(47) "sailing vessel" means any wooden vessel of primitive build provided with sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion, but does not include a pleasure craftexplanation— for the purposes of this clause "wooden vessel of primitive build" means a wooden vessel of traditionally built not primarily propelled;(48) "salvage" means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever;30(49) "salvage convention" means the international convention on salvage,1989;(50) "salvor" means any person rendering services in direct connection with salvage operation;35(51) "sea-going", in relation to a vessel, means a vessel proceeding or intendingto proceed beyond waters declared to be inland waters by the central government or state government by notification;(52) "seafarer" means any person who is employed or engaged or works in any capacity on board a sea-going vessel, but does not include,-40(i) a person who is in the employment or engagement or work on board inany capacity in a warship or any government vessel used for military or noncommercial purposes, or(ii) any other person as the central government may, by notification, specify;(53) "seafarer's employment office" means the seafarer's employment office established under sub-section (1) of section 11;(54) "seafarer's welfare officer" means the seafarer's welfare officer appointed under sub-section (1) of section 12;510(55) "seaworthy", in respect of a vessel, means, if she is in possession of all valid certificates required under this act and is in a fit state as to the material, construction, condition of hull and equipment, and machinery; management of safety, security and pollution prevention, the stowage of ballast or cargo, the number, and in every other respect, fit for the voyage or service including with the living and working conditions on board the vessel to not pose a threat to the health, safety or welfare of the vessel's seafarers;(56) "ship" means any watercraft, used or capable of being used in navigation by its own propulsion, in, above, or under the water, but does not include fishing vessels or sailing vessels;15(57) "ship owner" means the owner including the registered owner, bareboat charterer, manager and operator of the vessel;(58) "shipping master" means the shipping master appointed under section 10; provided that in relation to any seafarer for the purposes of section 89, means a shipping master referred to in that section,—20(a) for the port at which the seafarer entered into, or is believed to have entered into, an agreement, or(b) where the seafarer did not enter into his agreement in india, for the port to which the seafarer has returned, or is expected to return, on the completion of his latest voyage;25(59) "shipping office" means the shipping office established under section 10; (60) "special trade" means the conveyance of large number of passengers by sea within the areas specified in the stp agreement;explanation:—the expression "stp agreement" means the special trade passenger ship agreement, 1971 and protocol on space requirement for special trade passenger ships, 1973;30(61) "special trade passenger" means a passenger carried in special trade passenger vessel in spaces on the weather deck or upper deck or between decks which accommodate more than eight passengers;(62) "special trade passenger ship" means a mechanically propelled ship carrying more than thirty special trade passengers;35(63) "stcw convention" means the international convention on standards of training, certification and watchkeeping for seafarers, 1978;(64) "surveyor" means a person appointed under sub-section (1) of section 7;40(65) "tanker" means a vessel constructed or adapted primarily to carry liquid or gas in bulk in its cargo space and includes combination carriers and any other type of vessel when it is carrying a cargo or part cargo of liquid or gas in bulk;(66) "tindal" means the person in command or charge of a sailing vessel; (67) "tribunal" means the tribunal constituted under sub-section (1) of section 83;(68) "unseaworthy vessel" is a vessel which is not seaworthy;455(69) "vessel" includes every description of water craft used or capable of being used in the marine environment, such as ship, boat, sailing vessel, fishing vessel, submersible, semi-submersible, hydrofoils, non-displacement crafts, amphibious crafts, wing-in-ground crafts, pleasure crafts, barges, lighters, mobile offshore drilling units, mobile offshore units, or of any other description;(70) "wages" include emoluments; (71) "wreck" includes the following on a maritime casualty, namely:—(a) a sunken or stranded vessel; (b) any part of a sunken or stranded vessel, including any object or goods or cargo that is or has been on board such a vessel;10(c) any object or goods or cargo that is lost at sea from a vessel and that is stranded, sunken or adrift at sea;15(d) a vessel that is in distress or is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the vessel or any property in danger are not already being taken; or(e) a vessel abandoned without hope or intention of recovery part ii establishment of board and general administration chapter i 20 establishment of national shipping board and seafarers welfare board4 (1) the central government may, by notification, establish a national shipping board (hereinafter referred to as the shipping board) for the purposes of this actestablishment of national shipping board(2) the shipping board shall consist of the following members, namely:—25(a) six members of parliament of whom four shall be elected from amongst themselves by members of the house of the people and two from among themselves by the members of the council of states,(b) such number of other members, not exceeding sixteen as the central government may think fit to appoint to the shipping board, to represent,-30(i) the central government, (ii) ship-owners, (iii) seafarers, and (iv) such other interest as in the opinion of the central government oughtto be represented on the shipping board:35provided that the shipping board shall include an equal number of persons representing the ship owners and seafarers(3) the term of a member elected under clause (a) of sub-section (2) shall come to an end as soon as he ceases to be a member of the house from which he was elected40(4) the central government shall nominate one of the members of the shipping board to be the chairperson of the shipping board(5) the shipping board shall advise the central government,-(a) on matters relating to indian shipping including the development thereof;and(b) on such other matters arising out of this act as the central government may refer to it for advice (6) the shipping board shall have power to regulate its own procedure (7) the central government may make rules for all or any of the following matters, namely:—5(a) the term of office of members of the shipping board;(b) the manner of filling vacancies in the shipping board;(c) the travelling allowances and other allowances payable to the members of the shipping board;10(d) the manner of appointment of officers and other employees of the shipping board and the terms and conditions of their serviceconstitution of seafarer welfare board5 (1) the central government may, by notification, constitute a seafarers welfare board (hereinafter referred to as the welfare board) for the purposes of advising the central government on the measures to be taken for promoting the welfare of the seafarer under this act, generally and in particular the following matters, namely:—15(a) the establishment of hostels or boarding and lodging houses for seafarer; (b) the establishment of clubs, canteens, libraries and other like amenities for thebenefit of seafarer;(c) the establishment of hospital and provision of medical treatment for seafarer;20(d) the provision of educational and other facilities for seafarer; (e) the measures to be taken for welfare of distressed seafarer;(f) the measures to be taken in the case of seafarer who is a foreigner but abandoned in the waters within the jurisdiction of india;(g) any other measures to be taken for promoting the welfare of seafarer(2) the central government may make rules providing for,—25(a) the composition of the welfare board and the term of office of members thereof;(b) the procedure to be followed in the conduct of business by the welfare board;30(c) the travelling and other allowances payable to the members of the welfare board;(d) the rate of levy of fee payable by owners of vessels for the purposes of providing amenities to seafarer and for taking other measures for the welfare of the seafarer;35(e) the procedure by which any such fee may be collected or recovered and the manner in which the proceeds of such fees, after deduction of the cost of collection, shall be utilised for the purpose specified in clause (d) general administration40director- general of shipping6 (1) the central government may, by notification, appoint a person to be the director-general of shipping for the purposes of exercising or discharging the powers, authority or duties conferred on or imposed by or under this act(2) the central government may, by general or special order, direct that any power, authority or jurisdiction exercisable by it under or in relation to any such provisions of this act as may be specified in the order shall, subject to such conditions and restrictions as may be so specified, be exercisable also by the director-general or such other officer as may be specified in the order5(3) the director-general may, with the previous approval of the central government,by general or special order, direct that any power or authority conferred upon or delegated to, and any duty imposed upon him by or under this act may, subject to such conditions and restrictions as he may think fit to impose, be exercisable or dischargeable also by such officer or other authority as he may specify in this behalf(4) every officer appointed under this act shall discharge his functions under the general superintendence and control of the director- general10surveyor7 (1) the central government may, by notification, appoint at such port or place as it may consider necessary, as many persons as it may think fit to be surveyors for the purposes of this act15(2) without prejudice to the provisions of sub-section (1), in case of cargo vessel, the central government, may, by notification, authorise any person or body of persons, on such terms and conditions as may be specified therein, to be surveyor or surveyors for the purposes of this actexplanation— for the proposes of this sub-section, "cargo vessel" means a vessel which is not a passenger vessel20(3) the surveyor shall be nautical surveyor, ship surveyor, engineer and ship surveyoror junior ship surveyor and includes deputy nautical advisor, deputy chief surveyor, deputy chief ship surveyor, principal officer, chief ship surveyor, chief surveyor and nautical advisor25(4) at any port or place at which no surveyor appointed under this section is available, the central government may, by notification, appoint any qualified person to perform the functions of a surveyor under this actradio inspector8 the central government may, by notification, appoint, as many radio inspectors as it may consider necessary for the purpose of securing that the requirements of this act and the rules made thereunder relating to radio communication are complied with30mercantile marine department9 (1) the central government may establish and maintain at the ports of mumbai,kolkata, chennai, kochi, kandla and such other ports or places in india, as it may consider necessary, an office of the mercantile marine department for the administration of this actand the rules made thereunder35(2) the office of the mercantile marine departments at the ports of mumbai, kolkata,chennai, kochi, kandla and any other port or place as notified by the central government shall be in the charge of the principal officer, and the office at any other port or place shall be in the charge of such officer as the central government may appoint in this behalfshipping office4010 (1) the central government may, by notification, establish a shipping office atevery port in india in which it thinks it necessary so to do, and shall appoint thereto a shipping master and as many deputy shipping masters and assistant shipping masters as it may consider necessary45(2) the central government may direct that at any port at which no separate shippingoffice is established, the whole or any part of the business of the shipping office shall be conducted at the mercantile marine department, or at the office of the port officer or at such other office as the central government may specify, and thereupon the same shall be conducted accordingly50(3) all acts done by or before a deputy shipping master, an assistant shipping masterand the officer to whom any business of the shipping office is committed under sub-section (2) shall have the same effect as if done by or before a shipping master for the purposes of this actseafarer's employment office11 (1) the central government may, by notification, establish at every port in india in which it thinks it necessary so to do, a seafarer's employment office and shall appoint thereto a director and as many deputy directors and assistant directors as it may consider necessary(2) all acts done by or before a deputy director or assistant director shall have the same effect as if done by or before a director for the purposes of this act510(3) the central government may, by notification, direct that at any port at which no separate seafarer's employment office is established, the functions of the seafarer's employment office in that port shall be discharged by such person or body of persons as it may specify in the notification, and thereupon the office of the person or body of persons so specified shall be deemed to be the seafarer's employment office established at that port for the purposes of this actexplanation—for the removal of doubts, it is hereby clarified that, on and from the date of commencement of this act, all the existing seamen's employment offices shall be deemed to have been established as the seafarer employment offices under sub-section (1)of this section1512 (1) the central government may appoint seafarer's welfare officers at such ports in or outside india as it may consider necessaryseafarer's welfare officer(2) a seafarer's welfare officer appointed under sub-section (1) shall perform,—20(a) in the case of any such officer appointed at any port in india, such functions in relation to welfare of seafarers as may be assigned to him by the central government;(b) in the case of any such officer appointed at any port outside india, such functions in relation to welfare of seafarers and such functions of an indian consular officer under part v as may be assigned to him by the central government25(3) if any seafarer's welfare officer appointed at any port outside india performs any functions assigned to an indian consular officer under part v, such functions shall have the same effect as if they had been performed by an indian consular officer for the purposes of that partexplanation—for the removal of doubts, it is hereby clarified that, on and from the date of commencement of this act, all the seamen's employment officers shall be deemed to have been appointed as seafarer's welfare officers under sub-section (1) of this section30 part iii registration of vessels13 this part shall apply to sea-going vesselsapplication of part chapter i registration of indian vessels35obligation to register14 (1) every indian vessel, shall be registered under this part at a port or place inindia, as the central government may, by notification, declare to be a port of registry under this act:19 of 183840provided that the vessels registered under the provisions of the coasting vesselsact, 1838 shall be re-registered under the provisions of this part within a period of one year from the date of coming into force of this part:19 of 1838provided further that any vessel registered on the commencement of this act at anyport in india under any enactment repealed by this act, except the vessels registered under the coasting vessel act, 1838, shall be deemed to have been registered under this part and shall be recognised as an indian vessel:45provided also that, subject to any exemptions or modifications, as the case may be,made by the central government, all vessels belonging to the government, other than vesselsof the indian navy, indian coast guard, customs authorities, central paramilitary forces, coastal police and other police agencies, shall be registered under this act(2) nothwithstanding anything contained in sub-section (1), an indian vessel, may be, subject to such conditions as may be prescribed, registered in a country other than india5(3) no vessel shall be an indian vessel or an indian controlled tonnage vessel unlesssuch vessel is substantially owned by any of the following persons, namely,—(a) a citizen of india; or (b) a company or a body established by or under any central act or state actwhich has its principal place of business in india; or102 of 1912(c) a co-operative society registered or deemed to be registered under theco-operative societies act, 1912 or any other law relating to a co-operative society for the time being in force in any stateexplanation—for the purposes of this sub-section, "substantially owned" means having more than fifty per cent of the shares of the ownership of the vessel15(4) if an indian vessel is proceeding to sea without its valid certificate of registry, suchindian vessel shall be detained until it produces its valid certificate of registry to the proper officerregistrar of indian vessels2015 (1) at any port, the principal officer of the mercantile marine department, shall be the registrar of indian vessels at that port, and at any other place in india such authority as the central government may, by notification, appoint, shall be the registrar of indian vessels at that place(2) every registrar shall keep a register book and entries in that book be made, and maintain the records of vessels registered under the provisions of this act, in such manner as may be prescribed25application for registry16 an application for the registry of an indian vessel shall be made to the registrar insuch form and manner as may be prescribed17 (1) the owner of every indian vessel in respect of which an application for registry is made shall cause such vessel to be marked, surveyed and measured by a surveyor and the tonnage of the vessel ascertained before registry in such manner as may be prescribed30marking, survey and measurement of vessels before registry(2) the surveyor shall grant a certificate specifying the tonnage, build and such otherparticulars descriptive of the identity of the vessel as may be prescribed and the certificate of the surveyor shall be delivered to the registrar before registry3518 (1) where it appears to the registrar that there is any doubt as to the title of any indian vessel to be registered as an indian vessel, he may require evidence to be given to his satisfaction that the vessel is entitled to be registered as an indian vesselpower of registrar to inquire into title of indian vessel to be so registered(2) if no evidence is given to the satisfaction of the registrar that the vessel is entitled to be registered as an indian vessel under sub-section (1), the vessel shall be liable to forfeiture40grant of certificate of registry19 (1) on completion of the registry of an indian vessel, the registrar shall grant a certificate of registry containing the particulars respecting her as entered in the register book(2) a tonnage certificate shall be issued to every vessel, the gross tonnage and net tonnage of which have been determined in accordance with the provisions of this act45(3) in the event of the certificate of registry of an indian vessel being defaced or mutilated, the registrar of her port of registry may, on the delivery to him of that certificate or on submission of a declaration by the owner to the effect that certificate has been lost or destroyed, grant a new certificate in lieu of her original certificateexplanation—for the purposes of this section "net tonnage" means the measure of the useful capacity of a vessel determined in accordance with the rules made in this behalfcustody and use of certificate520 (1) the certificate of registry shall be used only for the lawful navigation of thevessel, and shall at all times remain in the custody of the person in charge of the vessel, and shall not be subject to detention by reason of any title, lien, charge or interest whatever, had or claimed by any owner, mortgagee or other person to, on or in the vessel10(2) no person, whether interested in a vessel or not who has in his possession, orunder his control the certificate of registry of a vessel, shall refuse or omit without reasonable cause to deliver such certificate on demand to the person entitled to the custody thereof for the purposes of the lawful navigation of the vessel, or to any registrar or other person entitled by law to require such delivery(3) if the master or owner of an indian vessel uses or attempts to use for her navigationa certificate of registry not legally granted in respect of the vessel, he shall be guilty of an offence under this sub-section and the vessel shall be liable to forfeiture15endorsement on certificate of change of ownership21 whenever a change occurs in the registered ownership of an indian vessel, theowner of the indian vessel shall, for the purpose of endorsement of change of ownership, deliver the certificate of registry to the registrar who shall make an endorsement for that purpose in such manner as may be prescribed20delivery of certificate of vessel lost or ceasing to be an indian vessel2522 in the event of a registered vessel being either actually or constructively lost,taken by the enemy, burnt or broken up or ceasing for any reason to be an indian vessel, or is to be registered under any other law for the time being in force at the relevant time, every owner of such vessel shall immediately on obtaining knowledge of the event, if no notice thereof has already been given to the registrar, give notice thereof to the registrar at her port of registry and that registrar shall make an entry thereof in the register book and its registry in that book shall be considered as closed except so far as relates to any unsatisfied mortgages entered therein23 (1) if at any port or place a vessel becomes entitled to be registered as an indianvessel,—provisional registration of indian vessel(a) the registrar; or (b) indian consular officer; or30(c) a person authorised by the central government, may issue a provisional certificate of registry for a period not exceeding six months in accordance with such procedure as may be prescribed and such provisional certificate of registry shall have the effect of a certificate of registry:35provided that the registrar may extend the validity of the provisional registry for a further period not exceeding three months(2) the provisional certificate issued under sub-section (1) shall be delivered to the registrar for cancellation where a vessel has been permanently registered40(3) where a vessel has been provisionally registered and its registry is not completed within the period specified in sub-section (1), the provisional registry of the vessel shall be deemed to be closed (except in relation to any unsatisfied mortgages entered therein), and the registrar shall make an entry thereof in the registertransfer of indian vessel or shares4524 (1) no person shall transfer or acquire any indian vessel or any share or interest therein at any time during which the security of india or any part of the territory thereof is threatened by war or external aggression, and a proclamation of emergency issued under clause (1) of article 352 of the constitution is in operation without the previous approval of the central government and any transaction effected in contravention of this provision, shall be void and unenforceable(2) the central government may, if it considers necessary or expedient so to do for the purpose of conserving the tonnage of indian shipping, by order, refuse to give its approval to any such transfer or acquisition(3) no transfer or acquisition of any indian vessel shall be valid unless,—5(a) all mortgage entered in its register, are satisfied or, the mortgagee and thenew owner have given their consent in writing for the transfer of vessel;(b) all wages and other amounts due to seafarer in connection with theiremployment on that vessel have been paid in accordance with the provisions of this act;10(c) any subsisting entry has been made of any court order prohibiting transferor any dealing with that vessel;(d) any unpaid statutory fees that may be levied on the vessel and has beeninformed in writing to the registrar15(4) subject to the other provisions contained in this section, an indian vessel or a share therein shall be transferred only by an instrument in writing(5) the instrument shall contain such description of the indian vessel as is contained in the surveyor's certificate or some other description sufficient to identify the vessel to the satisfaction of the registrar and shall be in such form as may be prescribed and shall be executed by the transferor in the presence of and be attested by at least two witnesses20registry of transfer2525 (1) every instrument for the transfer of an indian vessel or of a share therein when duly executed shall be produced to the registrar of her port of registry, and the registrar shall thereupon enter in the register book the name of the transferee as owner of the vessel or share, as the case may be, and shall endorse on the instrument the fact of that entry having been made with the day and hour thereof(2) every such instrument shall be entered in the register book in the order of its production to the registrar3026 (1) where the property in an indian vessel or share therein is transmitted to a person on the death or insolvency of any registered owner, or by any lawful means other than by a transfer under this act,-transmission of property in indian vessel on death, insolvency, etc(a) that person shall authenticate the transmission by making and signing a declaration in such form as may be prescribed (in this act referred to as a declaration of transmission) identifying the vessel and also a statement of the manner in which and the person to whom the property has been transmitted;35(b) if the transmission is consequent on insolvency, the declaration oftransmission shall be accompanied by proper proof of such claim;39 of 1925(c) if the transmission is consequent on death, the declaration of transmissionshall be accompanied by a succession certificate, probate or letters of administration, as the case may be, under the indian succession act, 1925 or a duly certified copy thereof40 45(2) the registrar, on receipt of the declaration of transmission so accompanied, shall enter in the register book the name of the person entitled under the transmission as owner of the vessel or share therein which has been transmitted, and, where there are more persons than one, shall enter the names of all those persons, but those persons however numerous shall, for the purpose of the provisions of this act with respect to the number of persons claiming to be registered as owners, be considered as one person:provided that nothing in this sub-section shall require the registrar to make an entry in the register book under this section, if he is of opinion that by reason of the transmission the vessel has ceased to be an indian vessel5order for sale where vessel has ceased to be an indian vessel27 (1) where by reason of the transmission of any property in a vessel or a sharetherein on death, insolvency or otherwise, a vessel ceases to be an indian vessel, the registrar of the port of registry shall submit a report to the central government setting out the circumstances in which the vessel has ceased to be an indian vessel10(2) the central government may, within a period of thirty days from the date of receipt of report, under sub-section (1), make an application to the high court for a direction for the sale to any citizen of india or any company or body or co-operative society:provided that an application may be admitted after the expiry of the period of thirty days if the central government satisfies the high court that it had sufficient cause for not making the application within the said period15(3) the high court may require any evidence in support of the application as it thinks requisite and may make such order thereon and on such terms and conditions as it thinks just or may reject the application in case it finds that the vessel has not ceased to be an indian vessel, and in case the vessel or the share is ordered to be sold, it shall direct that the proceeds of the sale after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise20transfer of vessel on sale by order of court2528 where any court, whether under section 27 or otherwise, orders the sale of any vessel or share therein, the order of the court shall contain a declaration vesting in some person named by the court the right to transfer that vessel or share, and that person shall thereupon be entitled to transfer the vessel or share in the same manner and to the same extent as if he were the registered owner thereof, and every registrar shall obey the requisition of the person so named in respect of any such transfer to the same extent as if such person were the registered ownermortgage of vessel or share3029 (1) a registered vessel or a share therein may be made a security for a loan or othervaluable consideration, and the instrument creating the security (in this act called a mortgage) shall be in such form as may be prescribed, and on the production of such instrument, the registrar shall record it in the register book(2) except in so far as may be necessary for making a mortgaged vessel or shareavailable as a security for the mortgage debt, the mortgagee shall not, by reason of his mortgage, be deemed to be the owner of the vessel or share, nor shall the mortgagor be deemed to have ceased to be owner thereof35 40(3) where a registered mortgage is discharged, the registrar shall, on the productionof the mortgage deed with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the register book to the effect that the mortgage has been discharged, and on that entry being made the estate, if any, which passed to the mortgagee shall vest in the person in whom (having regard to intervening acts and circumstances, if any) it would have vested, if the mortgage had not been made(4) if there are more mortgages than one recorded in respect of the same vessel orshare, the mortgagees shall, notwithstanding any express, implied or constructive notice, have priority according to the date and time on which each mortgage is recorded in the register book and not according to the date of each mortgage itself45rights of mortgagee30 (1) where there is only one registered mortgagee of a vessel or share, he shall beentitled to recover the amount due under the mortgage by selling the mortgaged vessel or share without approaching the high court:provided that nothing contained in this sub-section shall prevent the mortgagee from recovering the amount so due in the high court as provided in sub-section (2)(2) where there are two or more registered mortgagees of a vessel or share they shall be entitled to recover the amount due under the mortgage in the high court5(3) every registered mortgagee of a vessel or share who intends to recover the amountdue under the mortgage by selling the mortgaged vessel or share under sub-section (1) shall give an advance notice of fifteen days relating to such sale to the registrar of the vessel's port of registry10(4) the notice under sub-section (3) shall be accompanied with the proof of paymentof the wagesmortgage notaffected byinsolvency1531 a registered mortgage of a vessel or share shall not be affected by any act ofinsolvency committed by the mortgagor after the date of the record of such mortgage, notwithstanding that the mortgagor, at the commencement of his insolvency, had the vessel or share in his possession, order or disposition, or was the reputed owner thereof, and the mortgage shall be preferred to any right, claim or interest therein of the other creditors of the insolvent or any trustee or assignee on their behalftransfer ofmortgages2032 (1) a registered mortgage of a vessel or share may be transferred to any personand the instrument effecting the transfer shall be in such form as may be prescribed or as near thereto as circumstances permit, and on the production of such instrument, the registrar shall record it by entering in the register book the name of the transferee as mortgagee of the vessel or share and shall, by memorandum under his hand, notify on the instrument of transfer that it has been recorded by him stating the day and hour of the record(2)the person to whom any such mortgage has been transferred shall enjoy the sameright of preference as was enjoyed by the transferor25transmission of interest in mortgage in certain circumstances3033 (1) where the interest of a mortgagee in a vessel or share is transmitted on death,or insolvency, or by any lawful means other than by a transfer under this act, the transmission shall be authenticated by a declaration of the person to whom the interest is transmitted containing a statement of the manner in which and the person to whom the property has been transmitted, and shall be accompanied by the like evidence as is by this act required in case of a corresponding transmission of the ownership of a vessel or share(2) the registrar, on receipt of the declaration and the production of the evidence referred to in sub-section (1), shall enter the name of the person entitled under the transmission in the register book as mortgagee of the vessel or share3534 every indian vessel shall be described by such name, call sign and official number in such manner as may be prescribeddescription of name, call sign and an official number ofindian vesselregistry ofalterations4035 when a registered vessel is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book, then, if the alteration is made at any port having a registrar, that registrar, or if it is made elsewhere, the registrar of the first port having a registrar at which the vessel arrives after the alteration, shall, on an application being made to him by the owner stating the particulars of the alteration, either cause the alteration to be registered or direct that the vessel be registered anew4536 where any registrar, not being the registrar of the vessel's port of registry, on an application as to an alteration in a vessel directs the vessel to be registered anew, he shall either grant a provisional certificate describing the vessel as altered, or provisionally endorse the particulars of the alteration on the existing certificateprovisional certificate and endorsement where vessel is to be registered anewregistry anew on change of ownership37 subject to the other provisions contained in this act, where the ownership of anyindian vessel is changed, the registrar of the port at which the vessel is registered may, on the application of the owner of the vessel, register the vessel anew in such manner as may be prescribed, although registry anew is not required under this act5transfer ofregistry38 the registry of any vessel may be transferred from one port of registry to anotheron an application to the registrar of the existing port of registry of the vessel made by declaration in writing of all persons appearing in the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them and those rights shall in all respects continue in the same manner as if no such transfer had been effected10restrictions on re-registryof abandonedvessel39 where a vessel has ceased to be registered as an indian vessel by reason ofhaving been wrecked or abandoned, or for any reason other than capture by the enemy, the vessel shall not be re-registered until she has, at the expense of the applicant for the registry, been surveyed by a surveyor and certified by him to be seaworthy15national colours for indian vessels40 (1) the central government may, by notification, declare the proper nationalcolours for all indian vessels and for all vessels owned by the government and different colours may be declared for different classes of vessels(2) vessels registered under this part shall hoist the proper national colours,—20(a) on a signal being made to her by any vessel of the indian navy or indian coast guard;(b) on entering or leaving any port25(3) any commissioned officer of the indian navy, any officer of the indian coast guard, a surveyor or any indian consular officer, as the case may be, may board any vessel on which any colours are hoisted contrary to this act and seize and take away the colours which shall be forfeited to the government(4) no person on board a vessel which is not an indian vessel shall, for the purpose of making it appear to be an indian vessel, use the indian national colours, unless the assumption of indian character has been made for the purpose of escaping capture by the enemy or by a foreign vessel of war in the exercise of some belligerent right30concealment of indian, or assumption of foreign, character41 no owner or master of an indian vessel shall knowingly do anything or permitanything to be done, or carry or permit to be carried any papers or documents, with intent toconceal the indian character of the vessel from any person entitled by any law for the time being in force to inquire into the same, or with intent to assume a foreign character for the vessel, or with intent to deceive any person so entitled35liabilities of vessel notrecognized as indian vessel42 where it is declared by this act that an indian vessel shall not be recognised assuch, that vessel shall not be entitled to any privileges, benefits, advantages or protection usually enjoyed by indian vessel or to use the indian national colours for indian vessel or to assume the indian national character:40provided that for the payment of dues the liability to fine and forfeiture and thepunishment of offences committed on board such vessel, or by any person belonging to her, such vessel shall be dealt with in the same manner in all respects as if she were a recognised indian vessel45proceedings on forfeiture of vessel4543 where any vessel has either wholly or as to any share therein become subject toforfeiture under this part, any commissioned officer of the indian navy, indian coast guard, any indian consular officer or any other officer authorised by the central government, may seize and detain the vessel, and bring her for adjudication before the high court, and the high court may thereupon adjudge the vessel with her equipment to be forfeited to the government, and make such order in the case as to the high court seems just and may award to the officer bringing in the vessel for adjudication such portion of the proceeds of the sale of the vessel or any share therein as the high court thinks fit\| liability \| of \|\|---------------------------------------------------------------------------------------------------\|------\|\| owners \| \|\| 5 \| \|\| 44 \| \|\| where any person is beneficially interested otherwise than by way of mortgage in \| \|\| any vessel or share in a vessel registered in the name of some other person as owner, the \| \|\| person so interested shall, as well as the registered owner, be subject to all the pecuniary \| \|\| penalties imposed by this or any other act on the owners of vessel or shares therein, without \| \|\| prejudice that proceedings for the enforcement of any such penalties may be taken against \| \|\| both or either of the said parties jointly or severally \| \|\| 45 \| \|\| \| \|\| (1) \| \|\| a person may on application to the registrar and on payment of such fees as \| \|\| may be prescribed, inspect any register book, and may obtain a certified copy of any entry in \| \|\| the register book \| \|\| 10 \| \|\| evidence of \| \|\| register book, \| \|\| certificate of \| \|\| registry and \| \|\| other \| \|\| documents \| \|\| (2) \| \|\| a certified copy of an entry in a register book shall be admissible in evidence in any \| \|\| court and have the same effect to all intents as the original entry in the register book of which \| \|\| it is a copy \| \|\| closure \| of \|\| registry \| \|46 (1) the owner of an indian vessel may make an application to the registrar to close its registry provided that, if there is no,—15(a) unsatisfied mortgage entered in its register; or(b) outstanding claims of the master or seafarer of the vessel in respect of wageswhich have been intimated20(2) the owner of an indian vessel shall, for the purposes of sub-section (1), specify the name of the vessel, the intended port and country of registry (if applicable) or otherwise the reason for the closure in the application and shall be submitted to the registrar along with the certificate of registry of the vessel(3) on receipt of the application under sub-section (1) and the certificate of registry under sub-section (2), the registrar shall, if he is satisfied, by an order, close the registry of the vessel and make an entry thereof in the register25explanation—for the purposes of this section, "owner" includes any transferee of, or any person entitled under a transmission to the property in, an indian vessel chapter ii registration of vessels on bareboat charter-cum-demise by indian chartererapplication of this chapter3047 this chapter shall apply to any vessel registered under the law of any country other than india and chartered by an indian charterer on bareboat charter-cum-demise contractdefinitions48 in this chapter unless the context otherwise requires,—(a) "bareboat charter-cum-demise contract" means a written contract for chartering a vessel on bareboat charter-cum-demise;35(b) "charter period" means the period during which the vessel is chartered on bareboat charter-cum-demise contract;(c) "indian charterer" means a person referred to in clause (a) or clause (b) or clause (c) of sub-section (3) of section 14 who has chartered a vessel on bareboat charter-cum- demise contract4049 (1) the vessel chartered on bareboat charter-cum -demise by an indian charterer may be registered under this chapter(2) the procedure for registration of the vessel chartered on bareboat charter-cumdemise shall be such as may be prescribedregistration of vessel chartered on bareboat charter-cumdemise(3) the bareboat charter-cum-demise contract shall include the following provisions, namely:—45(a) the period for hiring the vessel chartered on bareboat charter-cum-demise shall be for not less than three years;(b) the possession and control of the vessel chartered on bareboat charter-cumdemise, including the right to appoint its master and other seafarers, shall vest with the indian charterer; and(c) the ownership of the vessel chartered on bareboat charter-cum-demise, after the charter period shall stand transferred to the indian charterer5(4)the registration of a vessel chartered on bareboat charter-cum-demise shall remain in force till the end of the charter period:provided that if any provision of this act is violated, the registration of such vessel may be closed before the chartered period10(5) the registrar shall, after registration or closure of registration of a vessel chartered on bareboat charter-cum-demise contract, send the information of such registration or closure, as the case may be, to the authority of registration of the country where such vessel is registered(6) the vessel chartered on bareboat charter-cum -demise registered under this chapter shall be an indian vessel entitled to fly the indian flag15(7) if the bareboat charter-cum-demise contract is terminated before the charter period due to breach of the agreement or any other reason, the indian charterer shall inform the registrar and, on receipt of such information, the registrar shall close the registry and forward the information to the authority of registration of the country where such vessel is registered20(8) notwithstanding anything contained in this act, the provisions relating to the owner of an indian vessel under this act shall, subject to such modification as the central government may consider necessary, apply to the indian charterer for the vessels registered under this chapter50 (1) the central government may make rules to carry out the purposes of this part25(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—\| power \| to \|\|-----------------\|------\|\| make rules in \| \|\| respect \| of \|\| matters in this \| \|\| part \| \|(a) the conditions for registration of an indian vessel, under sub-section (2) of section 14;30(b) the manner of keeping the register book and making entries therein and maintenance of the records of vessels registered under this act under sub-section (2) of section 15;(c) the form and manner of making application for registry of an indian vessel under section 16;35(d) the manner of marking, survey, measurement and ascertainment of tonnage of an indian vessel under sub-section (1) of section 17;(e) the other particulars descriptive of the identity of vessel under sub-section (2) of section 17;(f) the manner of making endorsement under section 21;40(g) the procedure for issuing a provisional certificate of registry under sub-section (1) of section 23;(h) the form of instrument for description of vessel under sub-section (5) of section 24;45(i) the form for making and signing a declaration under clause (a) of sub-section (1) of section 26;(j) the form of mortgage under sub-section (1) of section 29;(k) the form of instrument effecting the transfer under sub-section (1) of section 32;(l) the manner of description of the name, call sign and official number of indianvessel under section 34;5(m) the manner of registration of vessel anew under section 37; (n) the fee for inspection of register book and a certified copy of any entry of theregister book under sub-section (1) of section 45;(o) the procedure for registration of vessel chartered on bareboat charter -cumdemise under sub-section (2) of section 49;10(p) any other matter which is required to be or may be prescribed part iv certificate of competency and certificate of proficiency51 (1) every indian vessel shall be provided the seafarers with such manning scale as may be prescribedcertificates to be held by seafarers15(2) the seafarer shall hold such certificate of a grade appropriate to his station in the vessel or of a higher grade as may be prescribed:provided that in relation to different categories of vessel, areas and types of operations there shall be provided such different manning scales as may be prescribed:20provided further that subject to such conditions and restrictions as may be prescribed,the indian national with foreign certificates of competency or foreign national with certificate of competency issued under this act or foreign certificate of competency, may serve on indian vessels(3) every vessel, whether at sea or in any port or place, shall be manned by such number of persons with such qualifications as may be prescribed25certificate of c o m p e t e n c y and certificate of proficiency52 (1) the central government shall, subject to the provisions of stcw convention, grant a certificate of competency or certificate of proficiency, as the case may be, for such different grades of seafarers with such requirements and such procedures as may be prescribed30(2) no certificate of competency or certificate of proficiency shall be granted, under sub-section (1) unless the seafarer fulfils the requirements in respect of service, age limit, medical fitness, training, qualifications and examination in accordance with the stcw convention35(3) notwithstanding anything contained in sub-sections (1) and (2), the central government may grant such other certificate of competency or certificate of proficiency with such requirements and procedures as may be prescribed(4) a certificate of competency or certificate of proficiency, as the case may be, granted under sub- sections (1), (2) and (3) shall be in such form and on payment of such fee and valid for such period as may be prescribed, and record of such certificate shall be kept in such manner as may be prescribed4053 (1) the director-general shall administer, supervise and monitor all activities relatingto training and assessment for grant of certificate of competency or certificate of proficiencytraining for grant ofcertificate of competency and certificate of proficiency(2) the director-general shall approve the training institute, training courses and method of conduct of such training course for grant of certificate of competency or certificate of proficiency under section 52:45provided that no certificate of competency or certificate of proficiency shall be granted,unless the training required for such certificate has been imparted in accordance with the provisions of this section(3) the director-general may, for the purposes of this part authorise any person to inspect any maritime training institute and the person so authorised in this behalf shall submit the report to the director-general5(4) the director-general may, after receipt of the inspection report under sub-section (3), if he is satisfied that the maritime training institute has contravened any provisions of this part, after giving an opportunity of being heard, suspend or withdraw the approval granted to such maritime training institutes under sub-section (2)54 (1) the central government shall appoint a person for the purposes of examining the qualifications of persons desirous of obtaining certificates under section 52examinations for grant of certificates10(2) the manner of conducting examination for certificate of competency or certificate of proficiency, the fee to be charged and the payment to be made to the examiners appointed under sub-section (1) shall be such as may be prescribed15(3) the central government shall grant a certificate of competency or certificate of proficiency, as the case may be, to every applicant, who is duly reported by the examiners appointed under sub-section (1) to have passed the examination satisfactorily and to have given satisfactory evidence of his sobriety, experience and ability and general good conduct on board vessel:20provided that the central government may, if it has reason to believe that the report has been unduly made, before granting a certificate, require a re-examination of the applicant including the inquiry into the applicant's testimonials and character25(4) if it appears to the central government that a person holding a certificate granted under sub-section (1) or sub-section (3) of section 52 has obtained it on the basis of false or erroneous information, or is guilty of misconduct or on receipt by the central government of any report of incompetency, or any act of omission or commission or compromise to safety, security or prevention of pollution by the person holding a certificate which may pose a threat to life or property or environment, it may, after due investigation, by order, withdraw, suspend or cancel such certificate:provided that no order shall be passed under this sub-section without giving the person holding the certificate an opportunity of being heard30(5) a note of all orders made under sub-section (4) affecting any certificate of competency or certificate of proficiency, in pursuance of the powers contained in this act, shall be entered on the copy of the certificate kept under section 5235(6) whenever a person holding a certificate granted under this act proves to the satisfaction of the issuing authority that he has, lost or been deprived of such certificate, the issuing authority shall, on payment of such fee as may be prescribed, shall grant a copy of the certificate and such copy shall have all the effect of the originalproduction of certificate of competency55 (1) the master of every vessel shall, on demand, produce to the proper officer thecertificates of competency of the seafarers of the vessel along with a list of crew with the particulars of grades of certificates of master, mates, engineers and ratings40(2) a surveyor may, at any reasonable time, go on board a vessel to which any of theprovisions of this part applies for the purpose of ensuring that the seafarers holding certificates issued in accordance with the stcw convention are actually appointed and are present, and satisfy himself about the adequacy of such seafarers for the watch-keeping duties in ports and at sea4556 (1) where in a country other than india, the certificate of competency is grantedunder any law for the time being in force in that country which is similar to those referred to in this act, then if the central government is satisfied that,—recognition of certificates of competency granted in other countries50(a) the conditions under which any certificate of competency is granted in thatcountry meets the standards of competency not lower than those required for the grant under this act for corresponding certificates; and(b) the certificate granted under this act is accepted in that country in lieu of the corresponding certificate granted under the laws of that country,5the central government may, by notification, declare that any certificate of competency granted under the law in force in that country shall be recognised as equivalent to the corresponding certificate of competency granted under this act(2) the certificate recognised under sub-section (1) as equivalent may be issued with a certificate of endorsement as may be prescribed(3) a person holding a certificate of endorsement under sub-section (2) shall be considered as duly certificated under this act1057 (1) every master of a foreign vessel shall, before proceeding to sea from any port or place in india, ensure that the vessel has the requisite numbers of seafarer of appropriate grades as specified in the safety convention and stcw conventionforeign vessel not to sailwithoutcertificated seafarers15(2) a surveyor or any person authorised in this behalf by the central government may, at any reasonable time, go on board a vessel for the purpose of ensuring that the seafarers holding certificates issued in accordance with the safety convention and stcw convention are actually appointed and are present, and satisfy himself about the adequacy of such seafarers for the watch keeping duties in ports and at sea20(3) if any report made under sub-section (2) by a surveyor or any person authorised in this behalf by the central government, reveals any deficiency in a foreign vessel in relation to the requirements of the safety convention and stcw convention and the central government is satisfied that it shall be unsafe for such vessel to proceed to sea, that vessel may be detained by the proper officer till such requirements are fulfilled2558 at any time during which the security of india is threatened or during a proclamation of emergency issued under clause (1) of article 352 of the constitution, every indian citizen holding an indian certificate of competency, certificate of proficiency or certificate of recognition granted under this act shall be liable to serve on indian vessel for such period on such terms and conditions as the central government may, by general or special order, specifyobligations of certain certificate holders to serve the government or in indian vessels59 (1) the central government may make rules to carry out the provisions of this partpower to make rules30(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 manning scales of the seafarers under sub-section (1) of section 51; (b) the certificate of grade appropriate under sub-section (2) of section 51;35(c) the different manning scales in relation to different categories of vessel,areas and types of operations under proviso to sub-section (2) of section 51;(d) the conditions and restrictions under the second proviso to sub-section (2)of section 51;(e) the number of persons to be manned and their qualifications under subsection (3) of section 51;40(f) the requirement and procedure for grant of certificate of competency orcertificate of proficiency to the different grades of seafarer under sub-section (1) ofsection 52;(g) the requirement and procedure for grant of certificate of competency orcertificate of proficiency under sub-section (3) of section 52;45(h) the form of certificate, fees and the valid period of such certificate and the manner in which the copies of certificate to be kept and recorded under sub-section (4) of section 52;(i) the manner of conducting examination for certificate of competency or certificate of proficiency, the fee to be charged and the payment to be made to the examiners under sub-section (2) of section 54;( j) the fee for grant of certificate if lost or deprived, under sub-section (6) of section 54;5(k) the endorsement under sub- section (2) of section 56;(l) any other matter which is required to be or may be prescribed part v seafarers60 save as otherwise provided, this part shall apply to,—10application of this part(a) every seafarer; (b) recruitment and placement service; (c) ship ownersdefinitions61 in this part, unless the context otherwise requires,—15(a) "maritime labour certificate" means a certificate issued by the central government or any officer, authority or organisation authorised by it in this behalf, in accordance with the provisions of the maritime labour convention;(b) "recruitment and placement service" means any person, company, institution, agency or other organisation, in public or private sector which is engaged in recruiting seafarers on behalf of employers or placing seafarers with the employers2062 (1) the central government may make rules for the classification of seafarers into different categories, the minimum manning scale of seafarers of such categories, and the different scales for different classes of ships25classification of seafarer, maritime labour standards and prescription of minimum scale(2) notwithstanding anything contained in any other law for the time being in force, the provisions of this act shall apply to the seafarer employed or engaged as a member of the crew of a ship63 (1) the provisions relating to maritime labour standards as contained in the maritime labour convention, shall apply to all seafarers and ships registered under this act, but does not include,—30application of maritime labour standards to seafarers and ships(a) ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where any law for the time being in force relating to ports apply;(b) ships engaged in fishing activities; (c) traditionally built ships such as dhows and junks;35(d) ships of war or naval auxiliaries(2) subject to the provisions of sub-section (1), the central government may, on the recommendation of the director-general, by order, extend the provisions of the said sub-section to any category of ship with such exceptions and modifications as it may consider necessary40(3) every indian ship referred to in sub-section (1), wherever it is, and every ship other than an indian ship while within the jurisdiction of india shall, subject to such conditions as may be prescribed, be in possession of a certificate issued in accordance with the provisions of the maritime labour convention(4) no ship shall proceed to sea unless it is in possession of certificate issued under sub-section (3)4564 it shall be the duty of shipping masters,—duties of shipping master(a) to monitor the engagement and discharge of seafarer in the manner providedunder this act;(b) to issue such continuous discharge certificate and seafarer's identitydocument as may be prescribed;5(c) to hear and decide disputes between a master, owner or agent of ship andany of the crew of the ship including those under section 77;10(d) to transmit the complaint of any dispute of a foreign seafarer of a ship,registered in a country other than india, in indian territorial waters, with the master, owner or agent to the competent authority of the country of registration and to forward a copy of such complaint to the director-general of international labour organisation;(e) to perform such other duties relating to seafarers and merchant ships underthis act as the central government may, by general or special order, specify65 it shall be the business of the seafarer's employment office,—15business of seafarer's employment office(a) to issue licence, to regulate and control the recruitment and placement serviceand to—(i) ensure that no fees or other charges for recruitment and placement ofseafarers are borne directly or indirectly or in whole or in part, by the seafarers;20(ii) ensure that adequate machinery and procedures exists for theinvestigation, if necessary, of complaints concerning the activities of recruitment and placement services;(b) to perform such other functions and duties as may be prescribed66 (1) the seafarer shall be engaged only by,—\| supply \|\|----------------\|\| recruitment or \|\| engagement of \|\| seafarer \|25(a) recruitment and placement service possessing the licence issued under theprovisions of section 65; or(b) owners in the case of indian vessel for the vessel owned by them(2) no person, other than an owner of indian vessel in respect of the vessel owned by him, shall carry on the business of recruitment and placement service unless he is in possession of a valid licence issued under section 6530(3) no person shall engage any seafarer under this act in any ship, unless the seafarer is in possession of a continuous discharge certificate and seafarer's identity documents issued under sub-section (4) except as otherwise exempted35(4) the continuous discharge certificate and seafarer's identity document referred to in sub-section (3) shall be issued in such form and manner and on payment of such fees as may be prescribed(5) no person under the age of sixteen years shall be engaged or carried to sea to work in any capacity in any ship40(6) the central government may, by order, direct that the seafarers generally or any category of seafarers in particular shall not be engaged or carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one of them possesses such qualifications as may be prescribed45(7) except as otherwise provided under the rules made under sub-section (6), no person shall engage or carry to sea any seafarer to work in any capacity in any ship or in any class of ships specified in this behalf by the central government, unless the seafarer is in possession of a certificate to the effect that he is medically fit to be employed in that capacity granted in such form by such authority as may be prescribed(8) any person who claims to represent the interests of seafarers shall not demand or receive, either directly or indirectly, from any seafarer or person seeking employment as seafarer or any person on his behalf, any remuneration or donation or fees or compulsory subscription of any kind attributable from such seafarer or person's employment as seafarer, other than the fees authorised by this act5(9) there shall be no discrimination between seafarers,—(a) on the ground of their membership in any particular union claiming to represent the interests of seafarers and membership in such union shall not be a pre- condition,10(b) on the basis of training institute from where they obtained training or place of issue of their continuous discharge certificates, for their recruitment and engagement on board any ship(10) the central government or any officer authorised by it in this behalf, if satisfied that in the national interest or in the interest of seafarer it is necessary so to do, may, by order in writing, prohibit the master or owner or his agent of any ship other than an indian ship specified in the order from engaging any person to serve as a seafarer on such ship15(11) the central government may, by notification, fix the fees which shall be payable upon all engagements and discharges of the seafarer(12) the services of the seafarer engaged in contravention of sub-section (1) shall not be recognised for the purposes of certification under part iv20agreements with seafarers67 (1) the master of an indian ship, or owner of every indian ship or his agent shall enter into an articles of agreement in such form and manner as may be prescribed with every seafarer whom he engages and shall submit a copy thereof to the shipping master25(2) notwithstanding anything contained in any other provisions of this act, the master of an indian ship registered at a port outside india, or owner of such ship or his agent who has an agreement with the seafarer made in due form according to the law of that port or of the port in which her seafarer were engaged, may engage in any port in india—30(a) a seafarer who is not a citizen of india and who holds a continuous discharge certificate or any other similar document of identity issued by the competent authority of the country in which the ship is registered or, as the case may be, of the country in which the said agreement was made, or(b) a seafarer who is a citizen of india and who holds a continuous discharge certificate issued under this act, and any seafarer so engaged under clause (a) or clause (b) may sign the agreement aforesaid and it shall not be necessary for him to sign an agreement under this act(3) a seafarer's right,—35(a) to wages and provisions shall be taken to begin either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board whichever first happens;40(b) of wages shall not depend on the earning of the freight and seafarers are entitled to demand and recover the same notwithstanding that freight has not been earned45(4) a seafarer shall not by any agreement forfeit his lien on the ship or be deprived of any remedy for the recovery of his wages to which, in the absence of the agreement, he shall be entitled, and shall not by any agreement abandon his right to wages in case of the loss of the ship or abandon any right that he may have or obtain in the nature of salvage, and every stipulation in any agreement inconsistent with any provisions of this act shall be void68 the central government may, having regard to the provisions of the maritime labour convention, make rules in the matters relating to seafarer's employment officer for all or any of the following matters, namely:—(a)payment of wages;power to make rules for enforcement of maritime labour convention5(b)hours of work and hours of rest;(c)entitlement to leave;(d)repatriation;(e)compensation, if ship loss or foundering;(f)manning levels;(g)service conditions including skill development and opportunities;10(h)accommodation, recreational facilities, food and catering;(i)health protection, medical facilities, welfare and social security protection;(j)any other matter which is to be or may be required for compliance and enforcement of maritime labour convention15wages ontermination of service forwreck, illness, etc69 (1) where the service of any seafarer engaged under this act terminates before the date specified in the agreement by reason of the wreck, loss or abandonment of the ship or by reason of his being left on shore at any place outside india under a certificate granted under this act of his unfitness or inability to proceed on the voyage, the seafarer shall be entitled to receive,—(a) in the case of wreck, loss or abandonment of the ship,—20(i) wages at the rate to which he was entitled at the date of termination ofhis service for the period from the date his service is so terminated until he is returned to and arrives at a proper return port:provided that the period for which he shall be entitled to receive wagesshall be not less than one month, and25(ii) compensation for the loss of his effect,—(a) in the case of a seafarer employed on a ship engaged for coastingtrade, of not more than one month's wages; and(b) in the case of a seafarer employed on a foreign-going ship, ofnot more than three month's wages;30(b) in the case of unfitness or inability to proceed on the voyage,wages for the period from the date his service is terminated until he is returned to and arrives at a proper return port(2) a seafarer shall not be entitled to receive wages under sub-clause (i) of clause (a)of sub-section (1) in respect of any period during which,—35(a) he was, or could have been, suitably employed; or(b) through negligence he failed to apply to proper authority for relief as adistressed or destitute seafarer40(3) any amount payable by way of compensation under sub-clause (ii) of clause (a)of sub-section (1) shall be deposited with the shipping master at the port of engagement in india for payment to the seafarer, or, in the case of deceased seafarer, to the person nominated by him in this behalf under section 85 or if he has not made any such nomination or the nomination made by him is or has become void, to his legal heirs(4) a seafarer shall be entitled to continue receiving the wages at the same rate till such time he returns home, if such seafarer is held in the captivity including in case of piracy in the course of his employment5explanation—for the purposes of item (b) of sub-clause (ii) of clause (a) of subsection (1) of this section, "foreign-going ship" means a ship employed in trading between any port or place in india and any other port or place outside india, or between ports and places outside india70 (1) a seafarer shall not be entitled to wages,—(a) for any period during which he is absent from duty without leave; or10(b) for any period during which he unlawfully refuses or neglects to work when required; orwages not to accrue during absence without leave, refusal to work orimprisonment(c) unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned15(2) a seafarer shall not be disentitled to claim wages for any period during which he has not performed his duty if he proves that he was incapable of doing so by reason of illness, hurt or injury, unless it is proved that,—(a) his illness, hurt or injury was caused by his own wilful act or default or his own misbehaviour; or(b) his illness was contracted or his hurt or injury was sustained at a proper return port and was not attributable to his employment; or20(c) he has unreasonably refused to undergo medical or surgical treatment for his illness, hurt or injury involving no appreciable risk to his life25compensation to seafarers on premature discharge71 (1) if a seafarer having signed an agreement is discharged, otherwise than in accordance with the terms thereof, without fault on his part justifying the discharge and without his consent, he shall be entitled to receive from the master of the ship, owner of the ship or his agent, in addition to any wages he may have earned, as due compensation for the damage caused to him by the discharge, such sum as the shipping master may fix having regard to the circumstances relating to the discharge:provided that the compensation so payable shall not exceed—30(a) in the case of a seafarer who has been discharged before the commencement of a voyage, one month's wages; and(b) in the case of a seafarer who has been discharged after the commencement of a voyage, three month's wages (2) any compensation payable under this section may be recovered as wages3572 (1) as respects wages due or accruing to a seafarer,—(a) they shall not be subject to attachment by order of any court;restrictions on sale of and charge upon wages(b) an assignment thereof made prior to the accruing thereof shall not bind the person making the same;40(c) the power-of-attorney or authority for the receipt thereof shall not be irrevocable;(d) the payment of wages to a seafarer shall be valid in law notwithstanding any previous assignment of those wages or any attachment thereof or encumbrance thereon (2) the provisions of clauses (b) and (c) of sub-section (1) shall not apply to so much of the wages of a seafarer as have been or are hereafter assigned by way of contribution to any fund or scheme approved in this behalf by the central government, the main purpose of45which is the provision for seafarer of health or social insurance benefits and the provisions of clauses (a) and (d) of sub-section (1) shall not apply to anything done or to be done for giving effect to such an assignment5(3) nothing in this section shall affect the provisions of this act or any other law for the time being in force with respect to allotment notesdischarge of seafarers73 (1) a seafarer serving in an indian ship shall, on termination of his engagement, be discharged in such manner as may be prescribed10(2) if an indian ship is transferred or disposed of while she is at or on a voyage to any port outside india, every seafarer belonging to that ship shall be discharged at that port, unless he consents in writing to complete the voyage in the ship if continued(3) if a seafarer is discharged from an indian ship in terms of sub-section (1), the provisions of section 75 shall apply as if the service of the seafarer had terminated without his consent and before the expiration of the period for which the seafarer was engaged15(4) every seafarer discharged in terms of sub-section (2) shall, if the voyage for which he was engaged is not continued, be entitled to the wages to which he would have been entitled if his service had been wrongfully terminated by the owner before the expiration of the period for which the seafarer was engaged(5) the master of an indian ship shall not,—20(a) discharge a seafarer before the expiration of the period for which he was engaged, unless the seafarer consents to his discharge; or(b) except in circumstances beyond his control, leave a seafarer behind,25without the authority of the officer specified in this behalf by the central government and the officer aforesaid shall certify on the agreement with seafarer that he has granted such authority, and also the reason for the seafarer being discharged or the seafarer being left behind(6) the officer aforesaid to whom application is made for authority in terms of sub-section (5), shall investigate the grounds on which the seafarer is to be discharged or the seafarer left behind and may in his discretion grant or refuse to grant such authority:30provided that he shall not refuse to grant his authority if he is satisfied that the seafarer, without reasonable cause,—(a) has failed or refused to join his ship or to proceed to sea therein; or (b) has been absent from his ship without leave, either at the commencement or during the progress of a voyage for a period of more than forty-eight hours35(7) the officer aforesaid shall keep a record of all seafarers discharged or left behind with his authority and whenever any charge is made against a seafarer under section 94, the fact that no such authority is so recorded shall be prima facie evidence that it was not granted40wages and property of deceased seafarers and seafarers left behind74 if any seafarer is left behind or lost overboard or is deceased, the master shall enter in the official logbook a statement of the amount due to the seafarer in respect of wages at the time when he was left behind or lost overboard or is deceased of all property left on board by him, and shall take such property into his charge and discharge the property in such manner as may be prescribed45repatriation of seafarer on termination of service at foreign port75 (1) when the service of a seafarer terminates without the consent of the said seafarer at a port outside india, and before the expiration of the period for which the seafarer was engaged, the master, owner of a ship or his agent shall, in addition to any other related obligation imposed on either of them by this act, make adequate provision for the maintenance of the seafarer according to his rank or rating, and for the return of that seafarer to a proper return port(2) if the master, owner of a ship or his agent fails without reasonable cause to comply with the provisions of sub-section (1), the expenses of maintenance and of the journey to the proper return port shall, if defrayed by the seafarer, be recoverable as wages due to him, and if defrayed by an indian consular officer, be regarded as expenses falling within the provisions of sub-sections (3) and (4) of section 865explanation—for the purposes of sub-section (2), inability to provide the said expenses shall not, be regarded as reasonable cause10certain undisbursed amounts to be utilised for welfare of seafarers76 subject to such restrictions and conditions as may be prescribed, any amount deposited with or recovered by the shipping master as wages or for making payment in accordance with the allotment note made by a seafarer or for being paid to a seafarer or his nominee may, if such amount remains unclaimed with the shipping master for a period of not less than six years, be utilised for the welfare of seafarer in such manner as the central government may direct1577 (1) where under the agreement with the seafarer any dispute arises at any port in india between the master, owner or agent of a ship and any of the seafarer of the ship, it shall be submitted to the shipping masterdecision of questions by shipping masters(2) any dispute of an indian seafarer, on a vessel registered in a country other than india, in indian territorial waters, with the master, owner of the ship or his agent may be submitted to the shipping master20(3) the shipping master shall hear and decide the dispute submitted under sub-sections (1) and (2) and make an award which shall be conclusive as to the rights of parties and any document relating to such dispute or award itself shall be prima facie evidence thereof25(4) any person aggrieved by the award made by the shipping master under this section may, within a period of thirty days from the date of receipt of such award, prefer an appeal before the principal officer having jurisdiction over the matter and the principal officer may, after giving the parties to the appeal an opportunity of being heard, pass an order within a period of forty-five days from the date of receipt of such appeal30(5) any person aggrieved by the order passed by the principal officer under this section may, within a period of thirty days from the date of receipt of order, prefer second appeal to the director-general who may, after giving the parties to the appeal an opportunity of being heard, pass an order within a period of forty-five days35(6) an award made under this section may be enforced by a judicial magistrate of thefirst class or a metropolitan magistrate, as the case may be, in the same manner as an order of payment of wages made by such magistrate under this act26 of 1996(7) nothing in the arbitration and conciliation act, 1996 shall apply to any matter submitted to a shipping master for decision under this section40power of shipping master to require production of ship's papers78 in any proceedings under this act before a shipping master relating to the wages,claims or discharge of a seafarer, the shipping master may require the owner, master his agent or seafarer to produce any log books, papers, or other documents in his possession or power relating to any matter in question in the proceedings, and may require the attendance of and examine any of those persons being then at or near the place on the mattersummary proceedings for wages4579 (1) a seafarer or a person duly authorised by him may, as soon as any wages dueto him become payable but not paid, apply to any judicial magistrate of the first class or any metropolitan magistrate, as the case may be, exercising jurisdiction in or near the place at which his service has terminated or at which he has been discharged, or at which any person upon whom the claim is made is or resides, and such magistrate shall try the case in a summary way and the order made by such magistrate in the matter shall be final(2) an application under sub-section (1) may also be made by any officer authorised by the central government in this behalf by general or special order80 a proceeding for the recovery of wages due to a seafarer shall not be instituted by or on behalf of any seafarer in any civil court except where,—restrictions on suits for wages(a) the owner of the ship has been declared insolvent;5(b) the ship is under arrest or sold by the authority of any court; (c) a judicial magistrate of the first class or a metropolitan magistrate, as thecase may be, refers a claim to the court10wages not recoverable outside indiain certaincases81 where a seafarer is engaged for a voyage which is to terminate in india, he shall not be entitled to sue in any court outside india for wages unless he is discharged with such sanction as is required by this act, and with the written consent of the master, or proves such ill-usage on the part, or by the authority, of the master, as to warrant a reasonable apprehension of danger to his life if he were to remain on board82 (1) the master of a ship shall, so far as the case permits, have the same rights, liensand remedies for the recovery of his wages as a seafarer has under this act or by any law or custom15remedies of master for wages, disbursements, etc20(2) the master of a ship or every person lawfully acting as master of a ship by reason of the disease or incapacity from illness of the master of the ship shall, so far as the case permits, have the same rights, liens and remedies for the recovery of disbursements or liabilities properly made or incurred by him on account of the ship as a master has for the recovery of his wages25(3) if in any proceeding in any court touching the claim of a master in respect of such wages, disbursements or liabilities any set-off is claimed or any counter claim is made, the court may enter into, and adjudicate upon, all questions and settle all accounts then arising or outstanding and unsettled between the parties to the proceeding and may direct payment of any balance found to be due30power to refer disputes between seafarers and their employers to tribunal83 (1) where the central government is of the opinion that any dispute between seafarer or any class of seafarers or of any union of seafarers and the owners of ships in which such seafarers are employed or are likely to be employed exists or is apprehended and such dispute relates to any matter connected with or incidental to the employment of the seafarers, the central government may, by notification, constitute a tribunal consisting of one or more persons, having knowledge of maritime matter, and refer the dispute for adjudication5 of 1908(2) the tribunal shall not be bound by the procedure laid down by the code ofcivil procedure, 1908 but shall be guided by the principles of natural justice3510 of 1872(3) the tribunal shall also not be bound by the rules of evidence contained inthe indian evidence act, 18725 of 1908(4) the tribunal shall, for the purposes of discharging its functions under thisact, have power to regulate its own procedure and shall have the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit in respect of the following matters, namely:—40(a) summoning and enforcing the attendance of any person and examining himon oath;(b) compelling the production of documents; (c) receiving evidence on affidavits;45(d) issuing commissions for the examination of witnesses; (e) any other matter which may be prescribed45 of 1860(5) any proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code(6) no party to a dispute shall be entitled to be represented by a legal practitioner in any proceeding before the tribunal except with the consent of the other party or parties to the proceeding and with the leave of the tribunal5(7) the tribunal shall dispose of the reference within a period as may be specified in the notification under sub-section (1) and submit its award to the central government(8) on receipt of the award, the central government shall cause it to be published and the award shall become enforceable on the expiry of thirty days from the date of such publication:10provided that where the central government is of the opinion that it shall be inexpedient on public grounds to give effect to the award or any part of it, it may before the expiry of the said period of thirty days by order in the official gazette either reject the award or modify it, and where the central government does so, the award shall not become enforceable or shall become enforceable subject to the modifications, as the case may be15(9) an award which has become enforceable under this section shall be binding on—(a) all parties to the dispute; (b) where any party to the dispute is the owner of the ship, his heirs, successors, or assigns20(10) save as otherwise provided in the award, an award shall remain in operation for a period of one year from the date on which it becomes enforceable and shall thereafter continue to remain in operation until a period of two months has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award25(11) unless otherwise directed by the central government, the tribunal shall cease to exist on the expiry of a period of thirty days after publication of the award(12) any money due to a seafarer from the owner of a ship under an award may be recovered as wages14 of 194730(13) nothing contained in the industrial disputes act, 1947, shall apply to any dispute between seafarers or any class of seafarers or any union of seafarers and the owners of ships in which such seafarers are employed or are likely to be employed(14) during the pendency of proceedings under this section,—35(a) no seafarer or class of seafarers or union of seafarers shall go or remain on strike or otherwise act in a manner prejudicial to the normal operation of the ships in which the seafarer is employed or are likely to be employed; and(b) no owner of a ship shall,-(i) alter to the prejudice of the seafarer concerned in the dispute, the conditions of service applicable to them immediately before the commencement of such proceedings; or40(ii) discharge or punish any seafarer in respect of any matter connected with the disputerecovery of wages, etc, of seafarers lost with their ship4584 (1) where a seafarer is lost with the ship to which he belongs, the central government or such officer as the central government may appoint in this behalf may recover the wages and the compensation due to him from the master or owner of a ship or his agent in the same court and in the same manner in which the seafarer's wages are recoverable, and shall deal with those wages in the same manner as with the wages and compensation due to other deceased seafarers under this act5(2) in any proceeding for the recovery of the wages and compensation, if it is shown by some official records or by other evidence that the ship has, twelve months or upwards before the institution of the proceeding, left any port, she shall, unless it is shown that she has been heard of within twelve months after the departure, be deemed to have been lost with all hands on board either immediately after the time she was last heard of or at such later time as the court hearing the case may think probablenomination85 (1) a seafarer may, for the purposes of sub-section (3) of section 69, nominate any person or persons:10provided that if the seafarer has a family, he may nominate for the purposes aforesaid any one or more members of his family only and if a seafarer acquires a family after he has made any such nomination, the nomination shall become void(2) the form in which any nomination may be made under sub-section (1), the cancellation or variation of any such nomination (including the making of a fresh nomination) and all other matters connected with such nominations shall be such as may be prescribed15relief and maintenance of distressed seafarers86 (1) the indian consular officer at or near the place where a seafarer is in distress shall, on application being made to him by the distressed seafarer, provide in accordance with the rules made under this act for the return of that seafarer to a proper return port, and also for the said seafarer's necessary clothing and maintenance until his arrival at such port20(2) a distressed seafarer shall not have any right to be maintained or sent to a proper return port except to the extent and on the conditions provided for in the rules25(3) all repatriation expenses, other than excepted expenses, incurred by or on behalf of the central government in accordance with the provisions of this act shall constitute a debt due to the central government for which the owner or agent of the ship to which the seafarer in respect of whom they were incurred belonged at the time of his discharge or other event which resulted in his becoming a distressed seafarer shall be liable, and the owner or agent shall not be entitled to recover from the seafarer any amount paid by him to the central government in settlement or part settlement of such debt30 35(4) all excepted expenses incurred by or on behalf of the central government inaccordance with the provisions of this act shall constitute a debt due to the central government for which the seafarer in respect of whom they were incurred and the owner or the agent of the ship to which that seafarer belonged at the time of his discharge or other event which resulted in his becoming a distressed seafarer shall be jointly and severally liable, and theowner or agent shall be entitled to recover from the seafarer any amount paid by him to the central government in settlement or part settlement of such debt, and may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seafarer40(5) all excepted expenses incurred in accordance with the provisions of this act inrespect of any distressed seafarer by the owner or agent of the ship to which he belonged at the time of his discharge or other event which resulted in his becoming a distressed seafarer shall constitute a debt due to the owner or agent for which the seafarer shall be liable, and the owner or agent may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seafarer; but he shall not be entitled to recover from the seafarer any repatriation expenses other than excepted expenses45(6) in any proceedings for the recovery of any expenses which in terms of sub-section (3)or sub-section (4) are a debt due to the central government, the production of an account ofthe expenses and proof of payment thereof by or on behalf of or under the direction of the central government shall be prima facie evidence that the expenses were incurred inaccordance with the provisions of this act by or on behalf of the central government50(7) any debt, which may be due to the central government under this section, may berecovered by any officer authorised by it in writing in this behalf from the person concerned in the same manner, as the wages are recoverable under section 79(8) the central government may, make rules with respect to relief, maintenance and return to the proper port of a seafarer found in distress in any place out of india and with respect to the circumstances in which and the conditions subject to which the seafarer may be relieved and provided with passages under this part and generally to carry out the provisions of this part relating to distressed seafarer5explanation—for the purposes of this section,—(a) "excepted expenses" means repatriation expenses incurred in cases where the cause of the seafarer being left behind is desertion or absence without leave or imprisonment for misconduct or discharge from his vessel on the grounds of misconduct;10(b) "repatriation expenses" means expenses incurred in returning a distressed seafarer to a proper return port and in providing him with necessary clothing and maintenance until his arrival at such a port, and includes in the case of a shipwrecked seafarer the repayment of expenses incurred in conveying him to a port after shipwreck and maintaining him while being so conveyed15evidence of distress87 in any proceeding under this part, a certificate of the central government or of such officer as the central government may specify in this behalf, to the effect that any seafarer named therein is distressed shall be conclusive evidence that such seafarer is distressed within the meaning of this act88 (1) a shipping master, surveyor, seafarer's welfare officer, indian consular officer or any other officer at any port duly authorised in this behalf by the central government shall,—20inspection by shipping master, etc(a) in the case of any ship upon which the seafarer has been shipped at that port, at any time, and(b) in the case of any indian ship, at any time, and if the master or three or more of the crew so request,25enter on board the ship and inspect,—(i) the provisions and water; (ii) the weights and measures;30(iii) the accommodation for seafarers, with which the ship is required to be provided by or under this act and also the space and equipment used for the storage and handling of food and water and the galley and other equipment used for the preparation and service of meals;(iv) maritime labour certificate and declaration of maritime labour compliance35(2) all indian ships engaged in international voyage or operating from a port, or between ports, in another country, shall possess a maritime labour certificate and a declaration of maritime labour compliance(3) ships not covered under sub-section (2) shall, unless exempted by the central government, possess such certificate in such manner and form as may be prescribed40(4) for the purpose of preventing seafarer from being taken on board any ship at any port in india contrary to the provisions of this act, any shipping master or deputy or assistant shipping master or any director, deputy director or assistant director of the seafarer's employment office, may enter at any time on board any such ship upon which he has reasons to believe that seafarers have been shipped, and may muster and examine the several seafarers employed thereinexplanation— for the purposes of this section,—45(a) "declaration of maritime labour compliance" means a declaration issued by the central government or by any officer, authority or organisation authorised by it in this behalf, in respect of a ship that it meets with the requirements and standards set out in the provisions of the maritime labour convention;(b) "international voyage" means a voyage from or to a port or place in india to or from a port or place outside india or between any ports outside india589 (1) a seafarer shall, for the purposes of this part, be deemed to be a serving seafarer during any period commencing on the date of the agreement with the crew and ending thirty days after the date on which the seafarer is finally discharged from such agreement10special provisions for the protection of seafarers in respect of litigation(2) if any person presenting any plaints, applications or appeal to any court has reason to believe that any adverse party is serving seafarer, he shall make a statement accordingly in such plaint, application or appeal(3) if any collector has reason to believe that any seafarers who ordinarily resides or has property in his district and who is a party to any proceeding pending before any court is unable to appear therein or is a serving seafarer, the collector may certify the facts to the court15(4) if a collector has certified under sub-section (3) or if a court has reason to believethat a seafarer who is a party to any proceeding before the court, is unable to appear therein or is a serving seafarer, the court shall suspend the proceeding and shall give notice thereof to the shipping master:provided that the court may refrain from suspending the proceeding and giving the notice if,—20(a) the proceeding is one instituted or made by the seafarer, alone or conjointly with others, with the object of enforcing a right of pre-emption; or25(b) the interests of the seafarer in the proceeding are, in the opinion of the court,either identical with those of any other party thereto and adequately represented by such other party, or merely of a formal nature(5) if it appears to the court before which any proceeding is pending that a seafarer though not a party to the proceeding is materially concerned in the outcome of the proceeding and that his interests are likely to be prejudiced by his inability to attend, the court may suspend the proceeding and shall give notice thereof to the shipping master30(6) if on receipt of a notice under sub-section (4) or sub-section (5), the shippingmaster certifies to the court, that the seafarer is a serving seafarer, the court shall thereupon postpone the proceeding in respect of the seafarer for such period as it thinks fit:35provided that if by reason of the continued absence of the seafarer the question of anyfurther postponement of the proceeding in respect of the seafarer arises, the court shall in deciding the question have regard to the purposes of the provisions of this act conferring special protection on seafarer in respect of litigation40(7) if the shipping master either certifies that the seafarer is not for the time being aserving seafarer or fails within two months from the date of the receipt of the notice under sub-section (4) or sub-section (5), as the case may be, to certify that the seafarer is a serving seafarer, the court may, if it thinks fit, continue with the proceeding45(8) where in any proceeding before a court, a decree or order has been passed againstany seafarer while he was a serving seafarer, the seafarer, or if he dies while he is a serving seafarer, his legal representative, may apply to the said court to have the decree or order to be set aside, and if the court, after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice requires that the decree or order to be set aside as against the seafarer, the court shall subject to such conditions, if any, as it thinks fit to impose, make an order accordingly, and may, if it appears that any opposite party in the proceeding has failed to comply with the provisions of sub-section (2), award, subject tosuch conditions as it thinks fit to impose, damages against such opposite party5 36 of 1963(9) the period of limitation for an application under sub-section (8) shall be sixty days from the date on which the seafarer first ceases to be a serving seafarer after the passing of the decree or order, or where the summons or notice was not duly served on the seafarer in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order, whichever is later; and the provisions of section 5 of the indian limitation act, 1963, shall apply to such applications(10) where the decree or order in respect of which an application under sub-section (8) is made is of such a nature that it cannot be set aside as against the seafarer only, it may be set aside as against all or any of the parties against whom it was made10(11) where a court sets aside a decree or order under this section, it shall appoint a day for proceeding with the suit, appeal or application, as the case may be, in respect of which the decree or order was passed36 of 196315(12) in computing the period of limitation provided in the foregoing provisions or in the indian limitation act, 1963, or in any other law for the time being in force, for any suit, appeal or application to a court to which a seafarer is a party, the period or periods during which the seafarer has been a serving seafarer, and if the seafarer has died while he was a serving seafarer, the period from the date of his death to the date on which his next-of-kin was first informed, by the shipping master or otherwise, of his death, shall be excluded:20provided that this section shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of presumption except in such areas and in such circumstances as the central government may, by notification, specify in this behalf(13) if any court is in doubt whether, for the purposes of this section, a seafarer is or was at any particular time or during any particular period a serving seafarer, it may refer the question to the shipping master, and the certificate of the shipping master shall be conclusive evidence on the question25facilities for making complaint90 if a seafarer states to the master that he desires to make a complaint to a judicial magistrate of the first class or a metropolitan magistrate, as the case may be, or other proper officer against the master or any of the crew, the person authorised by the central government in this behalf shall,—30(a) if the ship is then at a place where there is a judicial magistrate of the firstclass or a metropolitan magistrate, as the case may be, or other proper officer, as soon after such statement as the service of the ship shall permit, and(b) if the ship is not then at such place, as soon after her first arrival at such placeas the service of the ship shall permit,35allow the complainant to go ashore or send him ashore under proper protection so that he may be enabled to make the complaintassignment or sale of salvage invalid91 subject to the provisions of this act, an assignment of salvage payable to aseafarer made prior to the accruing thereof shall not bind the person making the same, and a power of attorney or authority for the receipt of any such salvage shall not be irrevocable40ship not to be boarded without permission4592 where a ship has arrived at a port or place in india at the end of a voyage and anyperson, not being in the service of the government or not being duly authorised by law for the purpose, goes on board the ship without the permission of the master, the master of the ship may take such person into custody and deliver him up forthwith to a police officer to be taken before a judicial magistrate of the first class or a metropolitan magistrate, as the case may be, to be dealt with according to the provisions of this act93 no seafarer belonging to an indian ship wherever it may be, or to any other ship,while in india, shall knowingly,—misconduct endangering life or ship50(a) do anything tending to the immediate loss or destruction of, or seriousdamage to, the ship, or tending immediately to endanger the life of, or to cause injury to any person belonging to or on board the ship; or(b) refuse or omit to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction or serious damage, or for preserving any person belonging to or on board the ship from danger to life or from injury94 (1) no seafarer lawfully engaged shall,—5(a) desert his ship; ordesertion and absence without leave10(b) neglect or refuse, without reasonable cause, to join the ship or to proceed tosea in his ship or be absent without leave at any time within twenty-four hours of the ship's sailing from a port either at the commencement or during the progress of a voyage, or be absent at any time without leave and without sufficient reason from his ship or from his duty(2) for the purposes of sub-section (1), the fact that the ship on which the seafarer is engaged or to which he belongs is unseaworthy shall be deemed to be a reasonable cause:15provided that the seafarer has, before failing or refusing to join his ship or to proceed to sea in his ship or before absenting himself or being absent from the ship, as the case may be, complained to the master or a shipping master, surveyor, seafarer's welfare officer, port health officer, indian consular officer or any other officer at any port duly authorised in this behalf by the central government, that the ship is unseaworthy20(3) if it is shown to the satisfaction of a shipping master that a seafarer has deserted his ship or has absented himself without leave and without sufficient reason from his ship or from his duty, the shipping master shall forthwith make a report to that effect to the director- general who may thereupon direct that the seafarer's continuous discharge certificate and seafarer identity document shall be withheld for such period as may be specified in the direction25(4) if a seafarer deserts his ship or is absent without leave and without sufficient reason from his ship or from his duty, the master, any seafarer, the owner or agent of the owner of the ship may, without prejudice to any other action that may be taken against the seafarer under this act, convey him on board his ship and may for that purpose cause to be used such force as may be reasonable in the circumstances of the case30(5) if, either at the commencement or during the progress of any voyage, a seafarer engaged in an indian ship commits outside india, the offence of desertion or absence without leave or any offence against discipline, the master, any mate, the owner or agent of the owner of the ship may, if and so far as the laws in force in the place shall permit, arrest him without first procuring warrant(6) no person shall convey on board or arrest a seafarer on improper or insufficient grounds35 40(7) where a seafarer is brought before a court on the ground of desertion or ofabsence without leave or of any offence against discipline, and the master or the owner, or his agent, so requires, the court, may, in lieu of committing and sentencing him for the offence, cause him to be conveyed on board his ship for the purpose of proceeding on the voyage, or deliver him to the master or any mate of the ship or the owner or his agent, to be by them so conveyed, and may in such case order any costs and expenses properly incurred by or on behalf of the master or owner by reason of the conveyance to be paid by the offender and, if necessary, to be deducted from any wages which he has then earned or by virtue of his then existing engagements may afterwards be earned95 a seafarer lawfully engaged shall be guilty of an offence against discipline if he commits any of the following acts, namely:—general offences against discipline45(a) if he quits the ship without leave after her arrival at her port of delivery andbefore she is placed in security;(b) if he wilfully disobeys any lawful command or neglects the duty; (c) if he continues to wilfully disobey any lawful commands or continues withwilful neglect of duty;(d) if he assaults the master or any other officer of, or a seafarer belonging to theship;(e) if he combines with any of the crew to disobey lawful commands or to neglectduty or to impede the navigation of the ship or retard the progress of the voyage;5(f) if he wilfully damages his ship or commits criminal misappropriation or breachof trust in respect of, or wilfully damages any of, her stores or cargo;(g) if he has received an advance payment on the basis of his agreement andwilfully or through misconduct fails to attend his ship or desert therefrom before the payment becomes due to him10smuggling of goods byseafarer96 (1) if a seafarer engaged is convicted of an offence of smuggling any goods,whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay to that master or owner a sum sufficient to reimburse the loss or damage and the whole or a part of his wages may be retained in satisfaction on account of that liability without prejudice to any other remedy15(2) if a seafarer engaged is convicted of an offence of smuggling any goods, the director-general may direct that the seafarer's continuous discharge certificate and seafarer's identity document shall be cancelled or shall be suspended for such period as may be specified in the direction2097 (1) if any offence within the meaning of this act of desertion or absence without leave or against discipline is committed, or if any act of misconduct is committed for which the offender's agreement imposes a fine and it is intended to enforce the fine—entry of offences in official log book(a) an entry of the offence or act shall be made in the official log book and signedby the master, the officer on watch;25(b) the offender, if still in the ship, shall, before the next subsequent arrival of theship at any port, or, if she is at the time in port, before her departure therefrom, be furnished with a copy of the entry and have the same read over distinctly and audibly to him and may thereupon make such reply thereto as he thinks fit;30(c) a statement of a copy of the entry having been so furnished and the entryhaving been so read over and the reply, if any, made by the offender shall likewise be entered and signed in the manner aforesaid; and(d) in any subsequent legal proceedings the entries by this section requiredshall, if practicable, be produced or proved, and, in default of such production or proof, the court hearing the case may in its discretion, refuse to receive evidence of the offence or act of misconduct35report of desertions and absences without leave98 whenever any seafarer engaged outside india on an indian ship deserts or otherwiseabsents himself in india without leave, the master of the ship shall, within forty-eight hours of discovering such desertion or absence, report the same to the shipping master or to such other officer as the central government specifies in this behalf, unless in the meantime, the deserter or absentee returns40entries and certificates of desertion abroad99 (1) in every case of desertion from an indian ship whilst such ship is at any placeout of india, the master shall produce the entry of desertion in the official log book to the indian consular officer at the place, and that officer shall thereupon make and certify a copy of the entry45(2) the master shall forthwith transmit such copy of entry certified undersub-section (1) to the shipping master at the port at which the seafarer was shipped, and theshipping master shall, if required, cause the same to be produced in any legal proceeding(3) such copy of the entry, if purporting to be so made and certified as provided under sub-section (1), shall, in any legal proceeding relating to such desertion, be admissible in evidencefacilities for proving desertion in proceedings for forfeiture of wages5100 (1) whenever a question arises whether the wages of any seafarer are forfeited for desertion from a ship, it shall be sufficient for the person insisting on the forfeiture to show that the seafarer was duly engaged in or belonged to the ship, and either that he left the ship before the completion of the voyage or engagement or, if the voyage was to terminate in india and the ship has not returned, that he is absent from her and that an entry of his desertion has been duly made in the official log book(2) the desertion shall thereupon, so far as relates to any forfeiture of wages under this part, be deemed to be proved, unless the seafarer can produce a proper certificate of discharge or can otherwise show to the satisfaction of the court that he had sufficient reasons for leaving his ship10application of forfeitures101 (1) where any wages or other property are under this act forfeited for desertion from a ship, they shall be applied towards reimbursing the expenses caused by the desertion to the master or the owner of the ship or his agent of the ship, and subject to that reimbursement, shall be paid to the central government15(2) for the purposes of such reimbursement, the master, or the owner or his agent may, if the wages are earned subsequent to the desertion, recover them in the same manner as the deserter could have recovered them if not forfeited, and the court in any legal proceeding relating to such wages may order them to be paid accordingly20102 any question concerning the forfeiture of or deductions from the wages of a seafarer may be determined in any proceeding lawfully instituted with respect to those wages, notwithstanding that the offence in respect of which the question arises, though by this act made punishable by imprisonment as well as forfeiture has not been made the subject of any criminal proceeding\| decision \| of \|\|----------------\|------\|\| questions of \| \|\| forfeiture and \| \|\| deduction in \| \|\| suits \| for \|\| wages \| \|25103 (1) every fine imposed on a seafarer for any act of misconduct under his agreement shall be deducted and paid as follows, namely:—payment of fines imposed under agreement to shipping master(a) if the offender is discharged at any port or place in india and the offence andsuch entries in respect thereof as aforesaid are proved to the satisfaction of the shipping master, the master or owner or agent shall deduct such fine from the wages of theoffender and pay the same to such shipping master; and30 35(b) if the seafarer is discharged at any port or place outside india and the offenceand such entries as aforesaid are proved to the satisfaction of the indian consular officer, by whose sanction he is so discharged, the fine shall thereupon be deducted asaforesaid, and an entry of such deduction shall then be made in the official log book, if any, and signed by such officer and on the return of the ship to india, the master or owner shall pay such fine to the shipping master(2) an act of misconduct for which any such fine has been inflicted and paid shall not be otherwise punishable under the provisions of this act(3) the proceeds of all fines received by a shipping master under this section shall be utilised for the welfare of seafarers in such manner as the central government may direct40seafarer not to be enticed to desert104 (1) no person shall by any means whatever persuade or attempt to persuade aseafarer to neglect or refuse to join or proceed to sea in or desert from his ship, or otherwise to absent himself from his duty45(2) no person shall harbour or secrete a seafarer who has wilfully neglected or refused to join or has deserted from his ship, knowing or having reason to believe the seafarer to have so done:provided that the provisions of this sub-section shall not extend to the case in which the harbour or secreting is by the spouse of the seafarer50105 (1) no person shall secrete himself and go to sea in a ship without the consent ofeither the owner, agent or master, or of a mate, or of the person in charge of the ship or of any other person entitled to give that consentstowaways and seafarers carried under compulsion5(2) every seafaring person whom the master of a ship is under the authority of this act or any other law compelled to take on board and convey and every person who goes to sea in a ship without such consent as aforesaid, shall, so long as he remains in the ship, be subject to the same laws for preserving discipline and to the same fines, and punishments for offences constituting or tending to a breach of discipline as if he were a member of, and has signed the agreement with the crew(3) the master of any indian ship arriving at any port or place in or outside india and the master of any ship other than an indian ship arriving at any port or place in india shall, if any person has gone to sea on that ship without the consent referred to in sub-section (1), report the fact in writing to the proper officer as soon as may be after arrival of the ship10on change of master, documents tobe handedover to successor15106 (1) if during the progress of a voyage the master of any indian ship is removed or superseded or for any other reason quits the ship and is succeeded in the command by some other person, he shall, deliver to his successor the various documents relating to the navigation of the ship and the crew thereof which are in his custody and a handing over note enlisting such documents(2) on receipt of such documents and the handing over note, the successor shall make an entry in the official log book to that effect which shall also be endorsed by the predecessordeserters from foreign ships20107 (1) where it appears to the central government that due facilities are or shall be given by the government of any country outside india for recovering and apprehending seafarers who desert from indian ships in that country, the central government may, by notification, stating that such facilities are or shall be given, declare that this section shall apply to seafarers belonging to ships of such country, subject to such limitations or conditions as may be specified in the notification25 30(2) where this section applies to seafarers belonging to ships of any country and a seafarer deserts from any such ship, when within india, any court that would have taken cognizance of the matter if the seafarer had deserted from an indian ship shall, on the application of a consular officer of that country, aid in apprehending the deserter and for that purpose may, on information given on oath, issue a warrant for his apprehension and on proof of the desertion order him to be conveyed on board his ship or delivered to the master or mate of his ship or to the owner of the ship or his agent to be so conveyed and any such warrant or order may be executed accordinglyofficial logbook108 (1) except a ship of less than two hundred tons gross, there shall be kept anofficial log book in such form and such manner as may be prescribed35(2) the master, owner or agent of every ship for which an official log book is required to be kept under this act shall, deliver the official log book to the shipping master as and when required by the shipping master(3) no person shall make or procure to be made or assist in making any entry in any official log book in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge more than twenty-four hours after such arrival40109 (1) the central government may make rules to carry out the provisions of this partpower to make rules for this part(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 conditions under sub-section (3) of section 6345(b) the continuous discharge certificate and seafarer's identity documents under clause (b) of section 64;(c) the other functions and duties of the seafarer's employment offices under clause (b) of section 65;(d) the form, the manner of the issue of continuous discharge certificate and seafarer's identity documents and fees for such discharge certificate and identity documents under sub-section (4) of section 66;(e) the qualifications of the seafarer engaged or carried to sea to in any capacity in any ship under sub-section (6) of section 66;5(f) the form of certificate to be possessed by seafarer and the authority whogrants that certificate to the effect that the seafarer is medically fit under sub-section (7) of section 66;(g) the form of agreement and manner of making agreement undersub-section (1) of section 67;10(h) the manner of discharge from service of seafarer under sub-section (1) ofsection 73;(i) the manner of discharge of property under section 74; (j) the restrictions and conditions for utilisation of any amount deposited withor recovered by shipping master under section 76;15(k) any other matter relating to functions of the tribunal under clause (e) of subsection (4) of section 83;(l) the form of nomination, cancellation or variation of such nomination and allother matters connected with the nominations under sub-section (2) of section 85;20(m) the form of certificate and the manner of possession of such certificateunder sub-section (3) of section 88;(n) the form and manner of keeping log book under sub-section (1) ofsection 108;(o) any other matter which is required to be or may be prescribed part vi25 safety and secuirity110 this part shall, unless otherwise exempted, apply to,—application of this part(a) indian vessel, except vessel covered under part xiii, on matters relating to safety and security;30(b) vessel other than indian vessel when such vessel is within india, including waters within the jurisdiction of india on matters relating to safety and security;(c) port facility, on matters relating to security; and (d) company, on matters relating to safety and security of the vessel111 in this part, unless the context otherwise requires,—definitions35(a) "company" means the owner of the vessel or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the vessel from the owner of the vessel and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the international safety management code under the safety convention;40(b) "port facility" means any location or area including anchorages or awaitingberths or approaches from seaward as determined by the central government where interface between vessel or a vessel and a port takes place;(c) "voyage" means the whole time and distance between the vessels port orplace of departure and her final port or place arrival;45(d) words and expressions used in this part but not defined, shall have the samemeanings as assigned to them in the conventions as referred to in section 112112 (1) every vessel shall, subject to such conditions as may be prescribed, comply with the provisions of the following convention or agreement, as applicable, namely:—safety and security requirements(a) the safety convention; (b) the load lines convention;5(c) the special trade passenger ships agreement,1971; (d) the convention on the international regulations for preventing collisions atsea, 1972;(e) the international convention on maritime search and rescue, 1979; (f) the tonnage measurement convention, 1969; (g) international convention for safe containers, 1972;10(h) any other convention or agreement or any treaty relating to safety or securityto which india is a party:provided that vessels, to which the provisions of the above conventions are not applicable, shall comply with such safety and security requirements as may be prescribed15(2) the safety and security requirements for different classes of vessels and certificates to be held by such vessels shall be such as may be prescribedreporting of incidents113 (1) when an incident relating to the safety and security takes place on a vessel,the master of vessel shall report the particulars of such incident to such authority in such manner as may be prescribed20(2) when an incident takes place relating to the loss or likely loss overboard of dangerous goods in packaged form into the sea, or dangerous goods in solid form in bulk into the sea, or any incident impeding safe navigation, the master of every vessel shall report the particulars of such incident to such authority in such manner as may be prescribed25(3) the vessel referred to in sub-section (1) or sub-section (2) being abandoned, or a report from such vessel being incomplete, the central government shall fix the responsibility on the master of the vessel30114 (1) the master of an indian vessel, on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress, shall proceed with all speed to the assistance of the persons in distress (informing them if possible that he is doing so) unless he is unable or in the special circumstances of the case considers it unreasonable or unnecessary to do so or unless he is released from such obligation under the provisions of sub-section (3) or sub-section (4)obligation to render assistance on receiving signal of distress and to persons in danger35(2) where the master of any vessel in distress has requisitioned any indian vessel that has answered his call, it shall be the duty of the master of the requisitioned vessel to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress unless he is released from the obligation under the provisions of sub-section (4)(3) the master shall be released from the obligation imposed by sub-section (1) as soon as he is informed of the requisition of one or more vessels other than his own and that the requisition is being complied with by the vessel or vessels requisitioned40(4) the master shall be released from the obligation imposed by sub-section (1), and if his vessel has been requisitioned, from the obligation imposed by sub-section (2), if he is informed by the persons in distress or by the master of any vessel that has reached the persons in distress that assistance is no longer required45(5) if the master of an indian vessel on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress is unable or in the special circumstances of the case considers it unreasonable or unnecessary to go to the assistance of the persons in distress, he shall forthwith cause a statement to be entered in the official log book or if there is no official log book, cause other record to be kept of his reasons for not going to the assistance of those persons5(6) the master of every indian vessel for which an official logbook is required shallenter or cause to be entered in the official log book every signal of distress or message that a vessel, aircraft or person is in distress at sea10(7) the master of every indian vessel shall render assistance to every persons foundat sea in danger of being lost, unless he is unable or, in the special circumstance of the case, considers that such assistance cannot be rendered without serious danger to his vessel, or the persons thereon(8) if the master of an indian vessel is unable or consider it unreasonable to go to the assistance of a person found at sea in danger of being lost, the master shall forthwith cause a statement to be entered in the official log book or, if there is no official log book, cause other record to be kept of his reasons for not going to the assistance of that person15search and rescue services80 of 197620115 the central government may make arrangements for search and rescue servicesfor dealing with distress situation at sea, including territorial waters of india or any marine areas adjacent thereto over which india has, or may have jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force or such territory under international convention on maritime search and rescue, 1979 and agreement related thereto and such services shall include the establishment of rescue co-ordination centers and sub-centersradio communication requirements116 every indian vessel shall be equipped and maintained with such communicationequipment, distress and safety equipment and shall be provided with such certified operators as may be prescribed25information about vessel stability117 every indian vessel shall carry on board such information relating to the stabilityof the vessel, and the effects of any damage, control and general precautions necessary to maintain watertight integrity of the vessels, duly approved, as required under the provisions of safety convention, and the load line convention, or the safety and security requirements in accordance with the provisions of section 11230explanation—for the proposes of this section, "load line convention" means theinternational convention on load lines, 1966 and its protocolssubmersion of load lines35118 (1) no vessel, other than a vessel exempted from the provisions of this part relating to load lines, shall be so loaded as to submerge in salt water, when the vessel has no list, the appropriate load line on each side of the vessel, that is to say, the load line indicating or purporting to indicate the maximum depth to which the vessel is for the time being entitled under the load line rules to be loaded(2) without prejudice to any other proceedings under this act, any vessel which is loaded in contravention of this section may be detained until she ceases to be so loaded40no vessel to carry passenger without a certificate119 (1) no vessel shall carry passengers between ports or places in india, or to or from any port or place in india from or to any port or place outside india, unless she has all certificates required under this part in force(2) the central government may, by general or special order, specify the conditions relating to,—(a) passenger accommodation;45(b) scale of passenger and crew amenities to be provided; (c) space or disallowance of any space on a vessel ; (d) scale of provisions and water to be provided;(e) hospital accommodation and medical facilities; (f) the conditions for carriage of cargo and livestock; and (g) any other matter to carry out the purposes of this part5(3) subject to the conditions specified in sub-section (2), the master of a passenger vessel departing or proceeding on a voyage shall make a statement about the passengers on board the vessel in such form as may be specified by the central government in this behalf120 no vessel shall proceed to sea unless there is in force in respect of such vessel the certificates required under the convention or agreement referred to in section 112vessel not to proceed to sea without valid safety and security certificatesoffences121 (1) if any person who, -(a) being drunk or disorderly attempts to enter a vessel; or10(b) on board molest or continues to molest any person on board; or (c) travels or attempts to travel without payment of fare; or (d) wilfully refuses or neglects to quit the vessel on arrival at destination; or (e) fails to exhibit his ticket when requested by the master or other officer; or15(f) misconducts himself in such a manner as to cause annoyance or injury topersons on board; or(g) carries any substance that could jeopardize the safety or security of the vessel, lives onboard or the environment in general, he shall be guilty of an offence under this sub-section20(2) the master may refuse to receive on board any person referred to in sub-section (1), and if any such person is on board, may put him on shore, and the person so refused admittance or put on shore shall not be entitled to return of any fare he has paid25(3) the master or other officer of any such vessel and all persons called by him or other officer to his assistance, without warrant, may detain any person who commits any offence under sub-section (1) and convey the offender with all convenient dispatch before the nearest police station to be dealt with in accordance with the law122 (1) no vessel shall carry or attempt to carry cargo in contravention of section 120or shall have on board or in any part thereof a cargo which is not in accordance with the certificate held by the vesselvessel not to carry cargo or passengers in contravention of act30(2) no vessel shall carry or attempt to carry passengers in contravention of section120 or shall have on board or in any part thereof a number of passengers, which is greater than the number set forth in the certificate held by the vessel(3) if the master of any vessel which carries or attempts to carry cargo or passengers in contravention of this section he shall be liable to have his certificate of competency cancelled or suspended for such a period as the central government may, by order, specify in this behalf35unseaworthy vessel not to be sent to sea40123 (1) every person who sends or attempts to send a vessel which is not in a seaworthy condition to sea so that the life of any person is likely to be thereby endangered shall, unless he proves that he used all reasonable means to ensure her being sent to sea in a seaworthy state or that her going to sea in such unseaworthy state was under the circumstances reasonable and justifiable, be guilty of an offence under this sub-section(2) every master of a vessel who knowingly takes a vessel which is not in seaworthy condition that the life of any person is likely to be thereby endangered shall, unless he proves that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable, be guilty of an offence under this sub-section(3) for the purpose of giving such proof, every person charged under this section may give evidence in the same manner as any other witness(4) no prosecution for an offence under sub-section (2) shall be instituted except by, or with the written consent of the central government5obligation of owner to seafarer with respect to seaworthiness10124 (1) in every contract of service, express or implied between the owner of a vesseland the master or any seafarer thereof, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner that such owner and the master, and every agent charged with the loading of such vessel or the preparing thereof for sea, or the sending thereof to sea, shall use all reasonable means to ensure the seaworthiness of such vessel for the voyage at the time when such voyage commences, and to keep her in a seaworthy state during the voyage(2) for the purpose of verifying that the provisions of this section have been complied with, the central government may, either at the request of the owner or otherwise, arrange for a survey of the hull, equipment or machinery of any sea-going vessel by a surveyor or any person so authorised15125 (1) every vessel, company or port facility, as the case may be, shall comply withsuch requirements as may be prescribed for safety management and security managementsafety and security management(2) the central government or a person authorised by it shall arrange for the audit of the vessel, company or port facility for the purpose of sub-section (1)20(3) the central government or a person authorised by it, may set different levels ofsecurity and provide such information thereof to all the port facilities, and all vessels entering into any port facility25control measures and detention of vessels126 (1) no vessel shall enter into or sail out of or operate within the port, terminal,anchorages, port facilities, indian offshore facilities or indian territorial waters without complying with such provisions with regard to insurance, classification and condition of vessel or any other relevant requirements for the purposes of this part as may be prescribed30(2) the surveyor may inspect any indian vessel or any vessel other than an indianvessel, whilst at a port or place in india for the purpose of this part and if it is found on any inspection that the vessel is not complying the provisions of this part or any international convention to which india is a party, the surveyor shall report it to the principal officer35(3) on receipt of report under sub-section (2), the principal officer may take suchaction as may be necessary, including detention of such vessel, till such time the vessel is incompliance with the provisions of this part or provisions applicable under the international conventions, and may allow such vessel to proceed to sea, if it does not pose an unreasonable threat to safety or security or environmentliability for costs and damage when vessels detained40127 (1) if it appears that there was no reasonable or probable cause, by reason of thecondition of the vessel or the act or default of the owner or master, for detention of the vessel, the central government shall be liable to pay to the owner of the vessel his costs of and incidental to the detention of the vessel and also compensation for any loss or damage sustained by him by reason of detention(2) if a vessel is detained under this part by reason of the condition of the vessel ordue to the act or default of the owner or master, the owner of a vessel shall be liable to pay to the central government its costs of and incidental to the detention and survey of the vessel and the vessel shall not be released until such costs are paid and faults are rectified45power to make rules128 (1) the central government may make rules for safety and security requirementsapplicable to vessel, company or port facility under this part(2) in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—50(a) the conditions under sub-section (1) section 112 and the safety and securityrequirements under proviso to sub-section (1) that section;(b) the safety and security requirements for different classes of vessels and the certificates under sub-section (2) of section 112;(c) the manner of reporting the particulars of incidents and the authority to whom such particulars to be reported under sub-section (1) of section 113;5(d) the manner of reporting the particulars of incidents and the authority to whom such particulars to be reported under sub-section (2) of section 113;(e) the communication equipment, distress and safety equipment to be equipped and maintained, and the certified operators to be provided under section 116;(f) the requirements for safety management or security management under subsection (1) of section 125;10(g) the provisions with regard to insurance, classification and condition of vessel or any other relevant requirements under sub-section (1) of section 126; and(h) any other matter which is required to be or may be prescribed part vii15 prevention, containment of pollution from vessel and response129 save as otherwise provided, this part shall apply to,—application of this part(a) every indian vessel; (b) every vessel other than an indian vessel;20(c) vessel not entitled to fly the flag of india but which operate under the authority of india;2580 of 1976(d) any vessel that enters a port, shipyard, or offshore terminal or place in india or within the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, exclusive jurisdiction in regard to control of pollution under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force; and30(e) any incident of marine casualty or any act relating to such casualty occurring with grave and imminent danger to indian coast line or maritime zones of india or related interests from pollution or threat of pollution in the sea or air either by deliberate, negligent or accidental release of oil, ballast water, noxious liquid substance, garbage, sewage, waste, harmful anti-fouling substances, harmful emissions or any other harmful substance including such incidents occurring on the high seas;(f) port shipyard or offshore terminal for the purpose of providing reception facilitiesdefinitions130 in this part, unless the context otherwise requires,—3580 of 1976(a) "coastal waters" means any part of territorial waters of india, or any marinearea adjacent thereto over which india has, or, may hereafter have, exclusive jurisdiction in regard to control of marine pollution under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976, or any other law for the time being in force;40(b) "harmful substance" means any substance, or form of energy, which, ifintroduced into the sea or air, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea, air and includes any substance subject to control by any of the conventions to which india is a party;45(c) "vessel" means a vessel of any type whatsoever operating in the marine oraquatic environment and includes hydrofoil boats, air-cushion vehicles, submersibles,floating craft, fixed or floating platforms, floating storage units and floating production storage and off-loading units5131 (1) unless otherwise expressly provided, all vessels shall be under an obligationto prevent discharge or emission of harmful substances or mixtures containing such substances and for that purpose, the central government may make rules requiring indian vessel to be fitted with such equipment and to comply with such requirements relating to construction, survey of equipment and structure of such vessel and specifying conditions, prior to issuing a certificate under this partcontrol of discharge or emission of harmful substances or dumping at sea10(2) for the purpose of ensuring that the provisions of this section have been compliedwith, the central government may, either at the request of the owner or otherwise, arrange for the survey of the hull, equipment or machinery of any vessel by a surveyor and, if found fit, shall issue a certificates in accordance with the provisions of this act and rules made there under in such form and for such duration subject to such conditions as may be prescribed15(3) the central government may take all steps to prevent the pollution of the sea bythe dumping of waste and other matter by vessels that is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea132 every vessel shall, subject to such conditions as may be prescribed, comply with the provisions of the following convention, as applicable, namely:—(a) the marpol convention;20(b) the anti-fouling systems convention;requirements of prevention and containment of pollution and response(c) the ballast water management convention; (d) any other pollution prevention convention or agreement or treaty to whichindia is a party:25provided that the vessel, to which the provisions of the above conventions are notapplicable, shall comply with such pollution prevention requirements as may be prescribed:provided further that the vessel shall possess such different types of certificates and documents depending on the type, size, nature and area of operation of the vessel as may be prescribed30133 no vessel shall proceed to sea unless there is in force in respect of such vessel thecertificates required under the convention or agreement or treaty referred to in section 132vessel not to proceed to seawithout validpollution prevention certificatesrecord books134 (1) every indian vessel shall maintain such books of record in such form and manner as may be prescribed35(2) the manner in which record books shall be maintained, the nature of entries to bemade therein, the custody and disposal thereof , and all other matters relating thereto shall be such as may be prescribedreception facilities135 (1) the port, shipyard, ship breaking yards, ship repair unit, offshore facilities and terminals taking into account the international standards, shall provide such reception facilities and surveillance, supervision and guidance thereof as may be prescribed40(2) the central government may give directions to be compiled with by the portauthorities, shipyard, ship breaking yards ship repair unit, offshore facilities and terminals to take appropriate measures in its territory to require that wastes generated during operation, repair and re-cycling of vessel are collected, handled, treated and disposed of in a safe and environmentally sound manner, to protect human health and the environment45(3) notwithstanding anything contained in any other law for the time being in force, inrespect of every port or place in india, the powers of the port authority or such persons under whose supervision such place is operated shall include the power to provide reception facilities in accordance with the requirements of the convention(4) a port authority providing reception facilities or a person providing such facilities by arrangement with the port authority, may impose charges for the use of the facilities at such rates and may impose such conditions in respect of the use thereof as may be notified by the central government in respect of the port510(5) where the central government is satisfied that there are no reception facilities at any port, shipyard, ship breaking yards, ship repair unit, offshore facilities and terminals in india or that the facilities available at such port or place are not adequate for enabling vessel calling at such port or place to comply with the requirements of the convention, the central government, may direct, by order in writing, such authority to provide or arrange for the provision of such reception facilities as may be specified in the order15136 (1) when an incident in which the cargo or harmful substances, as covered under this part or the pollution prevention convention is escaping or likely to escape from a vessel and may cause or threaten to cause pollution of air, any part of coasts or coastal waters of india, the master of every vessel shall report the particulars of such incident to such authority in such manner as may be prescribedpowers to take measures for prevention or containment of pollution and reporting of incidents(2) the vessel referred to in sub-section (1) being abandoned, or a report from such vessel being incomplete, the central government shall fix the responsibility on the master of that vessel20(3) where the central government is satisfied that the cargo or harmful substances as covered under this part or the pollution prevention convention is escaping or likely to escape and may cause or threaten to cause pollution of air, any part of coasts or coastal waters of india, it may direct the owner, agent, master, charterer, operator, lessee or licensee of the vessel by notice served on him, to take following action, namely:-25(a) to prevent the escape of harmful substances from the vessel, as may be specified in such notice;(b) to remove the cargo or oil or noxious liquid substance or harmful substance from the vessel, in such manner and to such place, if any, as may be specified in the notice;(c) to remove the vessel to a place, if any, as may be specified in the notice;30(d) to remove the cargo or oil or noxious liquid substance or harmful substance slicks on the surface of the sea in such manner, if any, as may be specified in the notice; and(e) to prohibit the removal of the vessel including any cargo or stores therein,from a place specified in the notice35(4) notwithstanding anything contained in sub-section (3), the central government may, if it is of the opinion that the pollution caused or likely to be caused by release of harmful substances has or may present a grave and imminent danger to the coastline or related interest from pollution or threat of pollution, proceed to take such measures as may be deemed necessary to prevent, mitigate or eliminate such threat or danger and any measures so taken shall be deemed to have been taken under this section40(5) where any person fails to comply, or fails to comply in part, with any notice served on him under sub-section (3), the central government may, whether or not such person is convicted of an offence under this part by reason of his having so failed to comply, cause such action to be taken as it may deem necessary for,—45(a) carrying out the directives given in the notice issued under sub-section (1);and(b) containing the pollution already caused or preventing the pollution threatened to be caused, of any part of the coast of india by any harmful substance escaped or threatening to escape from the vessel5(6) subject to the provisions of this part any expenditure or liability incurred by the central government in, or by reason of, the exercise of powers under sub-section (4) in relation to any vessel in respect of which a notice had been issued under sub-section (3), shall be a debt due to the central government by the person or persons on whom the notice was served and may be recovered from that person, or as the case may be, from all or any of those persons and shall be a charge upon all or any vessel owned by that person or persons which may be detained by the central government until the amount is paid10(7) notwithstanding anything contained in sub-sections (3) to (6), to prevent, mitigate or eliminate grave and imminent danger to the coastline or related interests from pollution or threat of pollution following upon a maritime casualty or acts relating to such casualty on the high seas which may reasonably be expected to result in major harmful consequences to the indian coastal water, the central government shall take such measures as may be necessary1580 of 1976(8) the central government may make national or regional arrangement system for responding promptly and effectively to pollution incidents occurring within the zones under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force20137 (1) where for the purposes of taking any measures under sub-section (1) of section 136, the central government or any other officer authorised by it in this behalf may, if deems necessary so to do, direct, by an order in writing, the owner of any indian vessel, tug, barge or any other equipment, to provide such services or assistance as may be specified in that orderpower of the central government to give directions to certain vessels or persons to render certain service(2) the owner of any vessel, tug, barge or any other equipment with respect to which an order under sub-section (1) has been made shall be entitled to tariff rates of freight and charter hire, at reasonable rates having regard to current market conditions:25provided that where tariff rates of freight are not fixed or where there is any disputeabout reasonable rate of charter hire, the freight or, as the case may be, charter hire, shall be paid at such rates as may be fixed by the central government by an order in writing, subject to determination of reasonability of such rates of freight or charter hire by examining such witnesses, documents and accounts as it may deem necessary30power to make rules138 (1) the central government may, having regard to the provisions of the pollution prevention convention, make rules to carry out the purposes of this part(2) in particular, and without prejudice to the generality of the provisions of sub-section (1), such rules may provide for all or any of the following matter, namely:-35(a) the form and period of the certificate and conditions on which a certificatemay be issued under sub-section (2) of section 131;(b) the conditions to comply the provisions of the conventions undersection 132;(c) the pollution prevention requirements under first proviso to section 132;40(d) the different types of certificates and documents under second proviso tosection 132;(e) the form and manner of maintenance of record book under sub-section (1) ofsection 134;(f) the other matter relating to maintenance of record book under sub-section (2)of section 134;45(g) the reception facilities, surveillance, supervisions and guidance undersub-section (1) of section 135;(h) the manner and of reporting the incident to the authority under sub-section(1) of section 136; and(i) any other matter which is required to be or may be prescribed part viii5 survey, audit and certificationsurvey, audit and certification139 (1) every indian vessel, company, port facility, shipyard, ship breaking yard,ship repair unit, offshore facilities or terminals shall unless otherwise exempted be surveyed or audited for verification of compliance with such requirements as may be prescribed10(2) the central government, surveyor or any person authorised by it in this behalf may, if satisfied that any vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal has been surveyed or audited as per the requirements under the rules made under this act or as required by convention to the extent of applicability, issue the appropriate certificate or, as the case may be, documents in respect of such vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal15 20(3) notwithstanding anything contained in this act, where any survey, or, as the case may be, audit of a vessel, company, port shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal facility under this part has been completed, the owner, agent or master of such vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal shall not make or cause to be made any alteration in the structure, equipment, fittings, arrangements, material, systems or scantlings covered by the survey or audit without the prior written permission of the central government or any person authorised by it in this behalf25 30(4) if the central government or any person authorised by it has reason to believe that since the completion of last survey or audit, changes have been made to the structure, equipment, fittings, arrangements, material, systems or scantlings, or they have sustained any damage or are otherwise found insufficient, then the central government or any person authorised by it in this behalf may require that the vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal to be re-surveyed or audited to such extent as it may deem fit or may modify or revoke or suspend or cancel or surrender the certificates and documents in such manner as may be prescribed(5) subject to any exemption granted by the central government, no vessel shallproceed to sea unless the owner, or master, of the vessel holds onboard all the applicable certificates or documents as required under this act and the rules made thereunder35explanation— for the purposes of this part, the word "company" or "port facility"shall have the same meaning as assigned to it under clauses (a) or (b) of section 111,respectivelycertificates140 every vessel, company, port facility, shipyard, ship breaking yard, ship repairunit, offshore facilities or terminal shall, unless exempted, be in possession of such certificates as may be prescribed40power of surveyor141 (1) except otherwise provided, for the purposes of this act, a surveyor may, atany reasonable time, go on board a vessel, and may inspect or audit the vessel, and any part thereof, the structure, equipment, fittings, arrangements, materials, systems, scantlings, cargo, provisions, stores, her certificates, and certificates of the seafarers on board:45provided that he does not unreasonably hinder the operation of the vessel, orunreasonably detain or delay her from proceeding on any voyage(2) the owner, agent, master or every officer of the vessel shall afford to the surveyorall reasonable facilities for a survey, and provide all such information in respect of the vessel and her structure, equipment, fittings, arrangements, materials, scantlings, systems, cargo,provisions, stores, her certificates, and certificates of the seafarers, as the surveyor reasonably requirescompliance of provisions of convention5142 notwithstanding anything contained in sub-section (1) of section 139, every vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal shall be surveyed, audited and certified to confirm the compliance of requirements as specified in the following conventions, namely:—(a) the safety convention; (b) the marpol convention;10(c) the anti-fouling systems convention; (d) the ballast water management convention; (e) the load lines conventions; (f) the tonnage measurement convention, 1969; (g) the special trade passenger ships agreement, 1971 and its protocol;15(h) the convention on the international regulations for preventing collisions atsea, 1972;(i) the international convention on maritime search and rescue, 1979 (sar1979);(j) the maritime labour convention, 2006; or20(k) any other convention relating to survey, audit or certification:25provided that if every such vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal, as the case may be, is not covered under the provisions of the above conventions, such vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal, as the case may be, shall, for survey, audit and certification, comply with such requirements and in such manner as may be prescribed:provided further that different classes of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal shall be surveyed, audited or certified with such requirements in such manner as may be prescribed30recognition of certificates issued outside india143 a valid certificate issued under a convention in respect of a vessel other than anindian vessel by the government of the country to which the vessel belongs shall subject to such rules as the central government may make in this behalf, have the same effect in india as the corresponding certificates issued in respect of an indian vessel35144 (1) the central government may at the request of the government of a country to which convention applies cause an appropriate convention certificate to be issued in respect of a vessel registered or to be registered in that country, if it is satisfied in like manner as in the case of an indian vessel that such certificate can properly be issued and where a certificate is issued at such a request it shall contain a statement that it has been so issued\| issue \| of \|\|-----------------\|---------\|\| certificate to \| \|\| foreign vessels \| \|\| in india and \| \|\| indian vessels \| \|\| in \| foreign \|\| countries \| \|40(2) the central government may request the government of a country to which the convention applies to issue an appropriate convention certificate in respect of a vessel registered or to be registered in india and a certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purpose of this act as if it had been issued by the central government145 (1) the central government may make rules to carry out the purposes of this partpower to make rules for this part45(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 requirements for verification of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal under sub-section (1) of section 139;5(b) the manner of requirements and the manner of survey, audit and certification of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal and modification, revocation, suspension, cancellation or surrender of the certificates and documents under sub-section (4) of section 139;(c) the certificates to be possessed by a vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal under section 140;10(d) the manner of compliance for survey, audit and certification under first proviso to section 142;(e) the requirement and manner of survey, audit and certification of different classes of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal under second proviso to section 142;15(f) any other matter which is to be required or may be prescribed part ix maritime liability and compensation chapter i collision, accident at sea and liability20146 this chapter shall apply to,—application of this chapter(a) indian vessel; and2580 0f 1976(b) any vessel other than an indian vessel while it is at a port or place in india including, the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in forceapportionment of liability147 (1) if the collision, damage, or loss is caused by the fault of one of the vessels, the liability to make good the damages attaches to the one who has committed the fault30(2) whenever by the fault of two or more vessels damage or loss is caused to one or more of them or to the cargo of one or more of them or to any property on board one or more of them, the liability to make good the damage or loss shall be in proportion to the degree in which each vessel was at fault:provided that—35(a) if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally;(b) nothing in this section shall operate so as to render any vessel liable for any loss or damage to which her fault has not contributed;40(c) nothing in this section shall affect the liability of any person under any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law45(3) for the purposes of this chapter, references to damage or loss caused by the fault of a vessel shall be construed as including references to any salvage or other expenses, consequent upon that fault, recoverable in any law for the time being in force by way of damagesdamages for personal injury148 (1) whenever loss of life or personal injuries are suffered by any person on board a vessel owing to the fault of that vessel or any other vessel or vessels, the liability of the owners of the vessels concerned shall be joint and several5(2) nothing in this section shall be construed as depriving any person of any right of defence on which, he might have relied in an action brought against him by the person injured, or any person entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relatesright of contribution10149 (1) whenever loss of life or personal injuries are suffered by a person on board a vessel owing to the fault of that vessel and of any other vessel, and a proportion of the damages is recovered from the owner of one of the vessels which exceeds the proportion in which she was in fault, the said owner may recover by way of contribution the amount of the excess from the owners of the other vessel or vessels to the extent to which those vessels were respectively in fault:15provided that no amount shall be so recovered which shall not, by reason of any statutory or contractual limitation of, or exemption from, liability, or which shall not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor20(2) in addition to any other remedy provided by law for the time being in force, the person entitled to any contribution under sub-section (1) shall, for the purpose of recovering the contribution, have subject to the provisions of this act, the same rights, and powers as the persons entitled to sue for damages in the first instance150 in every case of collision between two vessels it shall be the duty of the master or person in-charge of each vessel, in and so far as he can do so without danger to his own vessel, crew and passengers, if any,-duty of master of vessel to assist in case of collision25(a) to render to the other vessel, her master, crew and passengers, if any, suchassistance as may be practicable and may be necessary to save them from any danger caused by the collision and to stay by the other vessel until he has ascertained that she has no need of further assistance; and30(b) to give to the masters or persons in-charge of the other vessels the name ofhis own vessel and of the port to which she belongs and also the names of the ports from which she comes and to which she is boundcollision to be entered in official logbook35151 in every case of collision in which it is practicable so to do, the master of every vessel shall, immediately after the occurrence, cause a statement thereof and of the circumstances under which the same occurred to be entered in the official log book, if any, and the entry shall be signed by the master and also by the officer on watch or one of the seafarer40report to central government of accidents to vessels152 when an indian vessel has sustained or caused any accident occasioning loss of life or any serious injury to any person or has received any material damage affecting her seaworthiness or her efficiency either in her hull or is so altered in any part of her machinery as not to correspond with the particulars contained in any of the certificates issued under this act in respect of the vessel, the owner or master or agent shall, within twenty-four hours after the happening of the accident or damage or as soon thereafter as possible, transmit to the central government or the nearest principal officer a report of the accident or damage and of the probable cause thereof stating the name of the vessel, her official number, if any, her port of registry and the place where she is45notice of loss of indian vessel to be given to central government153 if the owner or agent of any indian vessel has reason, owing to the non-appearance of the vessel or to any other circumstance, to apprehend that the vessel has been wholly lost, he shall, as soon as conveniently may be, send notice, in writing, to the central government relating to the loss and the cause of such loss stating the name of the vessel, her official number, if any, and her port of registry50 chapter ii limitation of liability for maritime claims154 this chapter shall apply to,—application of this chapter(a) indian ship; and580 of 1976(b) any ship other than an indian ship while it is at a port or place in indiaincluding, the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force10155 (1) the shipowner or salvor or any person for whose act, neglect or default, theshipowner or salvor, or any such person, as the case may be, is responsible, and the insurer of liability for such claims, may limit his liability as provided,—limitation ofliability for damages in respect of certain claims15(a) claims of loss of life or personal injury or loss of or damage to propertyincluding damage to harbour works, basins and waterways and aids to navigation, occurring on board or in direct connection with the operation of the vessels or with salvage operations, and consequential loss resulting therefrom;(b) claims of loss resulting from delay in the carriage by sea of cargo, passengersor their luggage;20(c) claims of other loss resulting from infringement of rights other than contractualrights, occurring in direct connection with the operation of the vessel or salvage operations;(d) claims of the raising, removal, destruction or the rendering harmless of avessel which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such vessel;25(e) claims in respect of the removal, destruction or the rendering harmless of thecargo of the vessel;(f) claims of a person other than the person liable in respect of measures taken inorder to avert or minimise loss for which the person liable may limit his liability inaccordance with the convention, and further loss caused by such measures30(2) the claims set out under sub-section (1) shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise:provided that claims set out under clauses (d), (e) and (f) of sub-section (1) shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable35(3) nothing in this section apply to,—(a) claims for salvage, including, if applicable, any claim for special compensation under article 14 of the salvage convention, or contribution in general average;(b) claims for oil pollution damage under chapter iii of this part relating to civilliability for oil pollution damage;40(c) claims subject to any international convention or national legislationgoverning or prohibiting limitation of liability, for nuclear damage;(d) claims against the shipowner of a nuclear ship, for nuclear damage;(e) claims by servant of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependants or5other persons entitled to make such claims, if under the law governing the contract of service between the shipowner or salvor and such servants, the shipowner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided in the provisions of llmc convention or the rules made under this chapter explanation 1— for the purposes of this section the act of invoking limitation of liability shall not be an admission of liabilityexplanation 2— for the purposes of this chapter,—10(a) the liability of a shipowner shall include the liability in an action broughtagainst the ship herself;(b) "shipowner" means the owner, charter, manager or operator of a sea-goingvesselconduct barring limitation15156 a person liable under section 155 shall not be entitled to limit his liability if it isproved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss may probably resultcounter claims157 where a person entitled to limitation of liability under this chapter has a claim against the claimant arising out of the same occurrence, their respective claims shall be set off against each other and the provisions of this chapter shall only apply to the balance, if any20limits of liability158 (1) the limits of liability for claims other than those mentioned in section 159arising on any distinct occasion, shall be calculated in accordance with the provisions of llmc convention:provided that in cases where the provisions of the llmc convention are not applicable, the limit of liability shall be such as may be prescribed25(2) where the amount calculated in respect of claims for loss of life or personal injuryis insufficient to pay such claims in full, the amount calculated in respect of other claims shall be made available for payment of the unpaid balance of claims in respect of claims for loss of life or personal injury and such unpaid balance shall rank rateably with claims in respect of other claims30(3) without prejudice to the right of claims for loss of life or personal injury accordingto the provision of sub-section (2), the claims in respect of damage to harbour works, basins,waterways and aids to navigation shall have priority over other claims35(4) the limits of liability for any salvor not operating from any vessel or for any salvoroperating solely on the vessel to, or in respect of which he is rendering salvage services, shall be calculated according to a gross tonnage of 1,500limit for passenger claims159 in respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship the limit of liability of the shipowner thereof shall be such amount, as may be prescribed40explanation— for the purposes of this section, "claims arising in any distinct occasion for loss of life or personal injury to passengers of a ship " means any claim brought by or on behalf of any person carried in that ship,—(a) under a contract of passenger carriage; or (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods45aggregation of claims160 (1) the limits of liability determined in accordance with the provisions of section158 shall apply to the aggregate of all claims which arise on any distinct occasion, —(a) against the person or persons or any person for whose act, neglect ordefault he or they are responsible; or(b) against a shipowner rendering salvage services from that ship and the salvoror salvors operating from such ship and any person for whose act, neglect or default he or they are responsible; or5(c) against the salvor or salvors who are not operating from a ship or who areoperating solely on the ship to, or in respect of which, the salvage services are rendered and any person for whose act, neglect or default he or they are responsible10(2) the limits of liability determined in accordance with the provisions of section 159shall apply to the aggregate of all claims subject thereto which may arise on any distinct occasion against the shipowner in respect of the ship referred to in that section and any person for whose act, neglect or default he or they are responsible161 (1) limitation of liability may be invoked notwithstanding that a limitation fundas mentioned in section 162 has not been constitutedlimitation of liabilitywithoutconstitution of a limitation15(2) where an action is brought to enforce a claim subject to limitation, a person liablemay only invoke the right to limit liability if a limitation fund is or has been constituted in accordance with the provisions of this chapter when the right to limit liability is invoked162 (1) any person alleged to be liable may constitute a fund with the high court in which legal proceedings are instituted in respect of claims subject to limitationconstitution of limitation fund20(2) the fund shall be constituted in the sum of such of the amounts in accordance with the provisions of section 158 or section 159 as are applicable to claims for which that person may be liable, together with interest thereon from the date of occurrence giving rise to the liability until the date of the constitution of the fund(3) the fund constituted under sub-section (1) shall be,—(a) by depositing the amount calculated under section 158 or section 159 with the high court; or25(b) by producing a guarantee acceptable under any law for the time being inforce and considered to be adequate by the court(4) the fund so constituted shall be available only for the payment of claims in respect of which limitation of liability may be invoked30(5) the fund constituted by one of the persons referred to in section 161 or his insurer shall be deemed to be constituted by all persons mentioned in that sectiondistribution of the fund163 (1) subject to the provisions of sections 158 and 159, the fund shall be distributedamong the claimants in proportion to their established claims against the fund(2) if before the fund is distributed, the person liable or his insurer has settled a claim against the fund, such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this chapter35(3) the right of subrogation provided for in sub-section (2) may also be exercised by persons other than those mentioned therein in respect of any amount of compensation which they may have paid, but only to the extent that such subrogation is permitted under any law for the time being in force40(4) where the person liable or any other person establishes that he may be compelled to pay, at a later date, in whole or in part any such amount of compensation with regard to which such person would have enjoyed a right of subrogation pursuant to sub-sections (2) and (3) had the compensation been paid before the fund was distributed, the high court where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim against the fund45bar to other actions164 (1) where a fund has been constituted under section 162, any person havingmade a claim against the fund shall be barred from exercising any right in respect of suchclaim against any other assets of a person by or on behalf of whom the fund has been constituted5(2) after a fund has been constituted under section 162, any ship or other property,belonging to a person on behalf of whom the fund has been constituted, which has been arrested or attached for a claim which may be raised against the fund, or any security given, may be released by an order of the high court and such release shall always be ordered if the fund has been constituted with the high court administering the fund10(3) the provisions of sub-sections (1) and (2) shall apply only if the claimant may claim against the fund before the high court administering that fund and the fund is actually available and freely transferable in respect of that claimscope of application165 (1) the provisions of this chapter shall apply whenever any person referred to in section 155 seeks to limit his liability before the high court or seeks to procure the release of a ship or other property or the discharge of any security given within the indian jurisdiction:15provided that the person who at the time when the provisions under this chapter are invoked before any high court does not have his habitual residence in india or does not have his principal place of business in india or any ship in relation to which the right of limitation is invoked or whose release is sought and which does not at the time specified above fly the flag of a country, which is a party to the llmc convention, shall be excluded from invoking the provisions of this chapter20(2) the provisions of this chapter shall not apply to air-cushion vehicles or floating platforms constructed for the purpose of exploring or exploiting the natural resources of the sea-bed or the subsoil thereofpower to make rules166 (1) the central government may, having regard to the provisions of llmcconvention, make rules to carry out the purposes of this chapter25(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 limits of liability in cases where the provisions of llmc convention arenot applicable under proviso to sub-section (1) of section 158;30(b) the amount of limit of liability of the owner for loss of life or personal injuryto passengers of a ship under section 159;(c) any other matter which is required to be or may be prescribed chapter iii civil liability for oil pollution damage167 this chapter shall apply to,—application of this chapter35(a) pollution damage caused by,—(i) indian ship wherever it is; and4080 of 1976(ii) any ship other than an indian ship while it is at a port or place in india including, the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act,1976 or any other law for the time being in force; (b) preventive measures, wherever taken, to prevent or minimise such pollution damagedefinitions168 in this chapter, unless the context otherwise requires,—45(a) "incident" means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage;5(b) "oil" means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil whether carried on board a ship as cargo or in the bunkers of such a ship;(c)"owner" means,—(i) the person registered as the owner of the ship; or (ii) in the absence of registration, the person owning the ship; or10(iii) in the case of a ship owned by a country and operated by a companyof that country, the persons registered in that country as the operator of such ship;(d) "person" means any individual or partnership or any public or private body, whether corporate or not, including a state or any of its constituent sub-divisions;(e) "pollution damage" means,—15(i) loss or damage caused outside the ship by contamination resultingfrom the escape or discharge of oil from the ship, wherever such escape or discharge may occur:20provided that compensation for impairment of the environment other thanloss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and(ii) the costs of preventive measures and further loss or damage caused by preventive measures;(d)"preventive measures" means any reasonable measures taken by any person after an incident has occurred to prevent or minimie pollution damage;25(g) "ship" means any sea-going vessel and seaborne craft of any type whatsoeverconstructed or adapted for the carriage of oil in bulk as cargo:30provided that a ship capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard;(h) "state of the ship's registry" means in relation to registered ships thestate of registration of the ship, and in relation to unregistered ships the state whose flag the ship is flyingliability of owner35169 (1) save as otherwise provided in sub-sections (2) and (3) of this section, theowner of a ship at the time of an incident or where the incident consists of a series of occurrences, at the time of first of such occurrence, shall be liable for any pollution damage caused by the ship as a result of the incident(2) no liability for pollution damage shall attach to the owner, if he proves that the pollution damage,—40(a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or(b) was wholly caused by an act or omission done with intent to cause damage by a third party45(3) where the owner proves that the pollution damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the owner may be exonerated wholly or partially from his liability to such person(4) no claim for compensation for pollution damage may be made against the owner otherwise than in accordance with the provisions of this chapter(5) subject to sub-section (6), no claim for compensation for pollution damage under this chapter or otherwise may be made against,—5(a) the servants or agents of the owner or the members of the crew; (b) the pilot or any other person who, without being a member of the crew,performs services for the ship;10(c) any charterer (by whatever name called including a bareboat charterer),manager or operator of the ship;(d) any person performing salvage operations with the consent of the owner oron the instructions of a competent public authority;(e) any person taking preventive measures; (f) all servants or agents of persons mentioned in clauses (c), (d) and (e),15unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage may probably result(6) nothing in this chapter shall prejudice any right of recourse of the owner against third parties20joint and several liability for ships170 when an incident involving two or more ships occurs and pollution damageresults therefrom, the owners of all the ships concerned, unless exonerated under sub-section (3) of section 169, shall be jointly and severally liable for all such damage whichis not reasonably separablelimitation of liability171 (1) the owner may limit his liability under this chapter in respect of any incident,to an aggregate amount in accordance with the provisions of the 1992 liability convention25(2) the owner shall not be entitled to limit his liability under this chapter, if it is proved that the pollution damage resulted from his personal act or omission, committed or made with the intent to cause such damage, or recklessly and with knowledge that such damage may probably result30constitution of limitation fund172 (1)(a) any owner, desiring to avail of the benefit of limitation of his liability undersection 171, shall constitute a limitation fund (hereafter in this chapter referred to as fund) for the total sum representing his limits of liability in the high court(b) such fund may be constituted either by depositing the sum with the high court or by furnishing bank guarantee or such other security as, in the opinion of the high court, is satisfactory35(2) (a) the insurer or any other person providing financial security to the owner may apply to the high court for constitution of the fund under sub-section (1) and any fund so constituted shall have the same effect as if it were constituted by the owner40(b) such fund may be constituted even in cases where sub-section (2) of section 171applies but in any such event constitution of the fund shall not prejudice the rights of any claimant against the owner for full compensation exceeding the amount deposited or secured in the fund45(3) the amount in special drawing rights to be deposited or secured in the fund under sub-section (1) shall be converted in rupees on the basis of official value in rupees of the special drawing rights as determined by the reserve bank of india on the date of constitution of the fundacquisition of right for compensation by subrogation5173 (1) where, before the fund is distributed, the owner or any of his servants oragents or any person providing him insurance or other financial security has as a result of an incident paid compensation for pollution damage, such person shall upto the amount he has paid, acquire by subrogation the rights which the person so compensated may have enjoyed under this chapter10(2) where the owner or any other person establishes that he may be compelled to pay at a later date in whole or in part any such amount of compensation, with regard to which such person shall have enjoyed a right of subrogation under sub-section (1), had the compensation been paid before the fund was distributed, the high court where the fund has been constituted, may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim against the fund174 (1) the high court shall consolidate all claims against the fund including thosearising under section 173consolidationof claim anddistribution of fund15(2) any claim in respect of expenses reasonably incurred or sacrifices reasonablymade by the owner voluntarily to prevent or minimise pollution damage shall rank equally with other claims against the fund(3) subject to the provisions of sub-section (2) of section 173, the high court shall distribute the amount in the fund among all claimants in proportion to their established claims20compulsory insurance or other financial guarantee175 (1) the owner of every ship carrying more than 2000 tons of oil in bulk as cargoshall, in respect of such ship, maintain an insurance or other financial security to cover his liability for pollution damage under this chapter for the amount specified under the provisions of the 1992 liability convention25(2) in respect of every indian ship which maintains insurance or other financial securityunder sub-section (1), there shall be issued by the central government a certificate in suchform and giving such particulars as may be prescribed(3) on an application by the owner or agent of any foreign ship, the central governmentmay issue a certificate under sub-section (2) in respect of such foreign ship on productionof satisfactory evidence relating to maintenance of insurance or other financial security in accordance with the provisions of the 1992 liability convention30(4) for every certificate issued under sub-sections (2) and (3) there shall be chargedsuch fee as may be prescribed35acceptance of certificate issued outside india176 any certificate issued by a competent authority in any country outside india toa ship registered in that country or any certificate issued by a competent authority of any country which is a contracting party to the 1992 liability convention to any ship wherever it is registered, shall be accepted at any port or place in india as if it were issued under this act40177 (1) no indian ship, which has on board more than 2000 tons of oil in bulk as cargoshall enter or leave or attempt to enter or leave any port or place in india, unless it carries on board a certificate issued under sub-section (2) of section 175 or a certificate accepted undersection 176ban on entering or leaving an indian port without certificate45(2) no ship other than an indian ship carrying more than 2000 tons of oil in bulk ascargo, wherever registered, shall enter or leave or attempt to enter or leave any port or place in india, unless it carries on board a certificate issued under sub-section (3) of section 175 ora certificate accepted under section 176(3) no proper officer shall grant inward entry or outward clearance to any ship towhich sub-section (1) or, as the case may be, sub-section (2) applies, unless its master produces a certificate required under the respective sub-section178 (1) the insurer or other person providing financial security for the owner's liability for pollution damage may be directly liable for any claim for compensation for such damage5direct action against insurer or other person providing financial security(2) the insurer or other person referred to in sub-section (1) may, if the owner is notentitled to limit his liability in accordance with the provisions of section 171, avail himself such limits of liability as specified in that section10(3) any claim for compensation for pollution damage may be brought directly againstthe insurer or other person providing financial security for the owner's liability for pollution damage and in such cases the insurer or other person providing financial security may, even if the owner is not entitled to limit his liability in accordance with the provisions of section 171, avail himself such limits of liability as specified in that section15(4) the insurer or other person providing financial security may further avail himself of the defences (other than the bankruptcy or winding up of the owner) which the owner himself would have been entitled to invoke and the defendant may avail himself of the defence that the pollution damage resulted from the wilful misconduct of the owner himself, but the defendant shall not avail himself of any other defence which he might have been entitled to invoke in proceedings brought by the owner against him(5) the insurer or other person providing financial security shall in any case have the right to require the owner to be joined in the proceedings20(6) any sum provided by insurance or by other financial security maintained inaccordance with sub-section (1) of section 175 shall be available exclusively for the satisfactionof claims under this chapterlimitation period179 (1) rights of compensation under this chapter shall be extinguished unless anaction is brought within a period of three years from the date when the damage occurred:25provided that, no action shall be made for compensation after six years from the date ofthe incident which caused the damage(2) if incident consists of a series of occurrences, the period of six years shall start from the date of the first occurrencegovernment ships30180 nothing in this chapter shall apply to any ship of war or any ship for the timebeing used by the government of any country for purposes other than commercial purposespower to make rules181 (1) the central government may make rules to carry out the provisions of thischapter(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—35(a) the form of certificate and particulars to be given thereto under sub-section (2)of section 175;(b) the fees to be charged for issue of certificates under sub-section (4) ofsection 175;(c) any other matter which required to be or may be prescribed 40 chapter iv civil liability for bunker oil pollution damage182 this chapter applies to, —application of this chapter80 of 1976(a) pollution damage caused due to escape or discharge of bunker oil from every indian ship and from every ship other than an indian ship while it is,—45(i) within the territory including territorial sea of india; or80 of 19765(ii) at a port or a place in india or within the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force; (b) preventive measures, wherever taken, to prevent or minimise the pollution damage:10provided that this chapter shall not apply to warships, naval auxiliary or other vessels owned or operated by the government and used, for the time being, only on government non-commercial service:provided further that this chapter shall not apply to pollution damage specified in chapter iii of this partdefinitions183 in this chapter, unless the context otherwise requires,—15(a) "bunker convention" means the international convention on civil liability for bunker oil pollution damage, 2004;(b) "bunker oil" means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil;20(c) "civil liability convention" means the international convention on civil liability for oil pollution damage, 1992;(d) "incident" means any occurrence or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage;25(e) "person" means any individual or partnership or any public or private body, whether corporate or not, including a state or any of its constituent sub-divisions;(f) "pollution damage" means,—(i) loss or damage caused outside the ship by contamination resulting from the escape or discharge of bunker oil from the ship, wherever such escape or discharge may occur:30provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement undertaken or to be undertaken; and(ii) the costs of preventive measure and further loss or damage caused by preventive measures;35(g) "preventive measure" means any reasonable measures taken by any person after an incident has occurred to prevent or minimise pollution damage;(h) "registered owner" means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship, and, in the case of a ship owned by a state and operated by a company which in that state is registered as the ship's operator, "registered owner" shall mean such company;40(i) "ship" means any sea-going vessel and sea borne craft, of any type whatsoever;(j) "shipowner", means the owner, including the registered owner, bareboat charterer, manager or operator of the ship;45(k) "state of the ship's registry" means, in relation to a registered ship, the state of registration of the ship and, in relation to an unregistered ship, the state flag the ship is entitled to fly184 (1) save as otherwise provided in section 186,—liability for bunker oil pollution(a) where pollution damage is caused due to discharge or escape of bunker oilon board or originating from the ship, the shipowner shall be liable for,—(i) any pollution damage;5(ii) the cost of any reasonable measures taken for the purpose of preventingor minimising any pollution damage so caused or likely to be caused; and(iii) any damage caused by any such preventive measure so taken:10provided that where an incident consists of a series of occurrences havingthe same origin, the liability shall attach to the shipowner at the time of the first of such occurrences and where more than one person is liable, their liability shall be joint and several; (b) where there arises a grave and imminent threat of damage being causedoutside a ship, the shipowner shall be liable for the cost of any measures reasonably taken to prevent or minimise any such damage15(2) where any incident involving two or more ships occurs resulting in pollution damage, the shipowners of all ships involved in such incident shall, unless the damage is reasonably separable, be jointly and severally liable for such damage20(3) with respect to ships owned by the government or the government of any country and used for commercial purposes, the government or the government of each of such country shall be liable for pollution damage under this chapterexemption from liability185 (1) no liability for pollution damage shall be incurred by the ship owner under this chapter, if he proves that such damage,—(a) resulted from an act of war, hostilities, civil war, insurrection or a naturalphenomenon of an exceptional, inevitable and irresistible character; or25(b) was wholly caused by any act or omission done with an intent to cause suchdamage by any person other than an employee or agent of the owner30(2) if the shipowner proves that the pollution damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, then, he shall be wholly or partially exonerated from his liability to such person186 (1) the shipowner and the person providing insurance or other financial security shall be entitled to limit his liability under this chapter, in respect of any one or more incident, in accordance with the provisions of chapter ii of this partright of owner to limitation of liability35(2) the shipowner shall not be entitled to limit his liability if it is proved that the incident causing pollution damage occurred as a result of his personal act or omission, committed or made with intent to cause such damage, or recklessly and with knowledge that such damage may probably resultdetermination of limitation of liability40187 (1) where the shipowner is alleged to have incurred a liability under section 184, or his insurer, may make an application to the high court for determination of limitation of his liability(2) after receiving the application under sub-section (1), the high court may determine the amount of liability of shipowners and direct the shipowner or his insurer, as the case may be, to deposit such amount with the high court45188 the high court may consolidate all claims against the shipowner or his insurerwho has deposited the amount under section 187 and may distribute the amount amongst the claimantsconsolidation of claims and distribution of amount189 (1) the right to claim compensation under this chapter shall be extinguished if such claim is not made within a period of three years from the date of occurrence of damage:extinguishment of right to claimprovided that in no case, such claim may be made after six years from the date ofincident which caused such damage5(2) where the incident consists of a series of occurrences, the period of six years shallrun from the date of the first of such occurrence10190 every registered owner of a ship having gross tonnage of more than one thousand shall, for the purpose of his liability for pollution damage under this chapter, maintain compulsory insurance coverage or such other financial security, to the limits specified under the provisions of the llmc conventionmaintenance of compulsory insurance or other financial security191 (1) the insurer or other person providing financial security for the owner'sliability for pollution damage may be liable for any claim for compensation for such damage15(2) the insurer or other person referred to in sub-section (1) may, if the owner is not entitled to limit his liability in accordance with the provisions of section 184 may avail himself such limits of liability as may be prescribeddirect actionagainst insureror other person providing financial security20(3) any claim for compensation for pollution damage may be brought directly against the insurer or other person providing financial security for the registered owner's liability for pollution damage and in such a case, the insurer or such person may invoke defences (other than bankruptcy or winding up of the owner) which the shipowner would have been entitled to invoke, including limitation of liability pursuant to section 187:provided that where the shipowner is not entitled to limitation of liability under section187, the insurer or such person may limit the liability to an amount equal to the amount of the insurance or other financial security required to be maintained under sub-section (1):25provided further that the insurer or such person may invoke the defence that the pollution damage resulted from the wilful misconduct of the shipowner but shall not invoke any other defence which such insurer or person might have been entitled to invoke in proceedings brought by the shipowner against such insurer or person:provided also that the insurer or such person may make the shipowner as a party to such proceedings30issue of certificate192 (1) the central government shall issue a certificate in respect of every shipwhich maintains insurance or other financial security under section 190, in such form, containing such particulars and subject to such conditions and on payment of such fee, as may be prescribed35(2) every certificate issued under sub-section (1) shall be renewed after its expiry insuch manner and on payment of such fee as may be prescribed193 (1) no ship shall enter or leave or attempt to enter or leave any port or place towhich this chapter applies, unless it carries on board a certificate issued under section 192ban on entering or leaving port without certificate40(2) any certificate issued by a competent authority in any country outside india to aship registered in that country or any certificate issued by a competent authority of any country which is a contracting party to the bunker convention to any ship wherever registered, shall be accepted at any port or place in india as if it were issued under this act(3) no proper officer shall permit inward entry or outward clearance to any ship towhich sub-section (1) or sub-section (2) applies unless the master of the ship produces thecertificate referred to in that sub-section45right of recourse194 nothing contained in this chapter shall prejudice the right of recourse that theshipowner may have against any other person in respect of his liability195 (1) any judgment passed by a court shall be recognised in india except where, —(a) the judgment was obtained by fraud; orrecognition and enforcements of decision of the court5(b) the shipowner or the insurer or the person providing financial security whois a party to the proceedings was not given reasonable notice and a fair opportunity to present his case(2) any judgment passed by a court in accordance with the provision of the bunker convention under sub-section (1) shall be enforceable in india as soon as the procedures required have been complied with:provided that such procedure shall not permit the merits of the case to be re-opened10power tomake rules196 (1) the central government may make rules to carry out the provisions of this part(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:—15(a) the limits of liability of the insurer or other person providing financial security under sub-section (2) of section 191;(b) the form of certificate, the particulars containing therein with the conditions and fee for issue of certificate under sub-section (1) of section 192;(c) the manner of renewal of certificate and fees therefor under sub-section (2)of section 192;20(d) any other matter which is required to be or may be prescribed chapter v international oil pollution compensation fundapplication2580 of 1976197 this chapter shall apply to pollution damage caused in the territory, including the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, exclusive jurisdiction in regard to control of marine pollution under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force and to preventive measures, wherever taken, to prevent or minimize such damagedefinitions198 in this chapter unless the context otherwise requires,—30(a) "contributing oil" means crude oil and fuel oil; explanation—for the purposes of this clause,—35(i) ''crude oil'' means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation and includes crude oils from which certain distillate fractions have been removed (sometimes referred to as "topped crudes") or to which certain distillate fractions have been added (sometimes referred to as "spiked" or "reconstituted" crudes),40(ii) ''fuel oil'' means heavy distillates or residues from crude oil or blendsof such materials intended for use as a fuel for the production of heat or power of a quality equivalent to the ''american society for testing and materials' specification for number four fuel oil (designation d 396-69)'', or heavier(b) ''fund'' means the international oil pollution compensation fund,1992established by article 2 of the fund convention;(c) ''fund convention'' means the international convention on the establishment of an international fund for compensation for oil pollution damage, 1992;(d) ''guarantor'' means any person providing insurance or other financial security to cover an owner's liability in pursuance of paragraph 1 of article vii of the 1992 liability convention;5(e) ''incident'', ''oil'', ''organisation'', ''owner'', ''person'', ''pollution damage'',''preventive measures" or "ship" shall have same meaning as assigned to it in the 1992 liability convention;(f) ''ship's tonnage'' shall have the same meaning as assigned to in paragraph10 of article v of the 1992 liability convention;10(g) ''terminal installation'' means any site for the storage of oil in bulk which iscapable of receiving oil from waterborne transportation, including any facility situated off-shore and linked to such site;(h) ''ton'', in relation to oil, means a metric toncontribution to fund15199 (1) contribution to the fund, in respect of contributing oil carried by sea to portsor terminal installations in india, shall be payable in accordance with articles 10 and 12 of the fund convention(2) the provisions of sub-section (1) shall apply whether or not the contributing oil is imported, and notwithstanding that contributions are payable to the fund, in respect of carriage of the same contributing oil on a previous voyage20(3) the contributions shall also be payable to the fund in respect of contributing oil when first received in any installation in india after having been carried by sea and discharged in a port or terminal installation in a country which is not a fund convention country(4) the person liable to pay contributions to the fund shall be—(a) in case of contributing oil which is being imported into india, the importer; or (b) in any other case, the person by whom the oil is received in india25(5) a person shall not be liable to pay contributions to the fund, in respect of the contributing oil imported or received by him in any year if the quantity of contributing oil so imported or received in the year does not exceed one hundred and fifty thousand tons or as may be specified from time to time in the fund convention30explanation—for the purposes of sub-section (3) of this section, ''fund convention country'' means a country in which the fund convention is for the time being in force200 (1) the contributions payable to the fund by a person for any year shall be,—contribution payable bypersons to the fund(a) such amounts as may be determined by the assembly of the fund underarticles 10 and 12 of the fund convention;35(b) in such instalments, becoming due at such dates, as may be notified and ifany amount due from such person remains unpaid after the date on which it became due, it shall be from that due date bear interest at a rate determined by the said assemblyuntil it is paid40(2) the central government may require persons, who are or may be liable to paycontributions to the fund under section 199, to give financial security for payment of contributions to the central government or the fundliability of fund201 (1) where any person suffering pollution damage has been unable to obtain fulland adequate compensation for the damage under the provisions of 1992 liability convention, the fund shall be liable to pay compensation for pollution damage to such person if,—45(a) no liability for the damage arises in accordance with the provisions of the1992 liability convention;(b) the owner liable for the damage under the provisions of 1992 liabilityconvention is financially incapable of meeting his obligations in full and any financial security that may be provided under the convention does not cover or is insufficient to satisfy the claims for compensation for the damage;5(c) the damage exceeds the owner's liability under the provisions of 1992 liabilityconvention as limited pursuant therein(2) expenses incurred or sacrifices made by the owner voluntarily to prevent or minimize pollution damage shall be treated as pollution damage for the purposes of this section(3) the fund shall incur no obligation under sub-section (1) if,—10(a) it proves that the pollution damage resulted from an act of war, hostilities,civil war or insurrection or was caused by oil which has escaped or been discharged from a warship or other ship owned or operated by a state and used, at the time of the incident, only on government non-commercial service; or(b) the claimant cannot prove that the damage resulted from an incident involvingone or more vessel15(4) if the fund proves that the pollution damage resulted wholly or partly either froman act or omission done with the intent to cause damage by the person who suffered the damage or from the negligence of that person, the fund may be exonerated wholly or partly from its obligation to pay compensation to such person20(5) the fund shall in any event be exonerated to the extent that the vessel owner may have been exonerated under the provisions of 1992 liability convention:provided that there shall be no such exoneration of the fund with regard to preventive measurespower to call for information25202 (1) the central government may, for the purposes of transmitting to the fund, the names and addresses of the persons who under the provisions of section 197 are liable to make contributions to the fund every year and the quantity of contributing oil in respect of which they are so liable, by notice, require to any such person to furnish such information as may be specified therein(2) a notice under sub-section (1) may specify the manner in which, and the time within which, such notice shall be complied with30 35(3) in proceedings by the fund against any person to recover any amount due undersection 197, particulars contained in any list transmitted by the central government to thefund shall, so far as those particulars are based on information obtained under this section, be admissible as evidence of the facts stated in the list, and so far as particulars which are so admissible are based on information given by the person against whom the proceedings are brought, those particulars shall be presumed to be accurate until the contrary is proved(4) no person shall disclose any information which has been furnished to or obtained by him under this section unless the disclosure is made,—(a) with the consent of the person from whom the information was obtained; (b) in connection with the compliance of this section;40(c) for the purpose of any legal proceedings arising out of this section or of anyreport of such proceedings(5) a person who,—(a) refuses or wilfully neglects to comply with a notice under this section; or45(b) makes, while furnishing any information in compliance with a notice under this section, any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence punishable under this act203 (1) any claim against the fund for compensation under this chapter shall bebrought directly before the fundclaims against fund andjurisdiction of courts(2) any action for a claim against the fund shall be brought before the high court5(3) where an action for compensation for pollution damage has been brought againstthe owner or his guarantor before the high court each party to the proceedings may notify the fund of the proceedings(4) the fund shall have the right to intervene as a party to any legal proceedingsinstituted in the high court against the owner or his guarantor10(5) where such notice of proceedings has been given to the fund, any judgmentgiven in the proceedings shall, after it has become final and enforceable, become binding upon the fund to the effect that the facts and evidence in that judgment may not be disputed by the fund on the ground that it has not intervened in the proceedingsextinguishment of claims15204 notwithstanding anything contained in any other law for the time being in force,no action to enforce a claim against the fund under this chapter shall be entertained by a high court, unless,—(a) the action to enforce is commenced; or (b) notice of action to enforce a claim against the owner or his guarantor inrespect of the same pollution damage is given to the fund,within three years from the date when the damage occurred:20provided that no action to enforce a claim shall be brought after six years from the dateof the incident that caused such damagesubrogation and right of recourse25205 in respect of any sum paid by a public authority in india or the fund, as the casemay be, as compensation for pollution damage, that authority or the fund shall acquire by subrogation any rights which the person so compensated would have enjoyed under the fund conventionpower to make rules206 the central government may make rules to carry out the provisions of the fundconvention part x investigation and inquiries30marine casualties and report thereof207 (1) for the purposes of investigations and inquiries under this part, a marinecasualty shall be deemed to be an event, or sequences of events that has resulted in any of the following and has occurred directly by, or in connection with the operations of indian vessels and vessels other than indian vessels, when,—35(a) on or near the coast of india, any vessel is lost, abandoned, stranded ormaterially damaged;(b) on or near the coast of india, any vessel causes loss or material damage toany other vessel;(c) any loss of life or presumed loss of life, ensues by reason of any casualty happening, or otherwise, to or on board any vessel, on or near the coast of india;40(d) any loss of life or presumed loss of life, ensues by reason of any casualtyhappening, or otherwise, to an indian national on board any vessel, anywhere in the world;45(e) in any place, any such loss, abandonment, stranding, material damage or casualty as mentioned above occurs to or on board any indian vessel, and any competent witness thereof is found in india;(f) any indian vessel is lost or is supposed to have been lost, and any evidence is obtainable in india as to the circumstances under which she proceeded to sea or was last heard of;80 of 1976 5(g) in any place within the zones under the territorial waters, continental shelf,exclusive economic zone and other maritime zones act, 1976, pollution, or the potential threat of such pollution to the environment, or severe damage to the environment, or the potential to severe damage to the environment is caused of a vessel;10(h) a fire or explosion takes place on any indian vessel anywhere in the world, ora fire or explosion takes place on a vessel other than an indian vessel, while such vessel is on, or near, the coast of india(2) in the cases mentioned in sub-section (1), the owner, manager, operator, company, pilot, harbour-master, master, or other person in charge of the vessel, or, where two vessels are concerned, in charge of each vessel at the time of the marine casualty, as the case may be, shall, within twenty-four hours of the occurrence, give notice of the marine casualty to the officer appointed in this behalf by the central government15(3) wherever any such officer receives the notice of the marine casualty under sub-section (2), he shall forthwith report in writing the information to the central government and may proceed to make preliminary inquiry into the marine causalty and shall furnish the report on completion of independent inquiry into the incident20(4) the central government may, for the purposes of the investigation, appoint abody to conduct a marine safety investigation in accordance with the safety convention(5) the body appointed under sub-section (4) shall, make preliminary assessment of the marine casualty and conduct a marine safety investigation for ascertaining its causes and circumstances and submit its report to the central government25explanation— for the purposes of this part, the word ''company'' has the samemeaning as assigned to it in clause (a) of section 111208 on receipt of report under sub-section (5) of section 207 or otherwise, if the central government is of the opinion that prima-facie, there exists, incompetency, misconduct or violation of any law for the time being in force on part of any person, it may,—power of central government to initiate proceedings30(a) initiate administrative action; and(b) direct such officer or other authority having jurisdiction over the area toinitiate any proceedings, as may be required in accordance with the provision of any law for the time being in force35209 the central government may, by order, cancel or suspend any certificate granted under this act to any seafarer for any specified period,—power to cancel, suspend, etc, certificate of seafarers(a) if the inquiry report or investigation report reveals that the seafarer is incompetent or has been guilty of misconduct;(b) in a case of collision, the seafarer has failed to render assistance;40(c) if the seafarer has been convicted of any offence under this act or any nonbailable offence committed under any other law for the time being in force in india or outside india;(d) the casualty, if any, has been caused by wrongful act or default of the seafarer; or45(e) if the seafarer to whom the certificate has been granted contravenes any provisions of this act: provided that no order under this section shall be passed unless the person concerned has been given an opportunity of making a representation against such orderre-hearing210 whenever an investigation or inquiry has been made under this act, the central government may order the case to be re-heard either generally or as to any part thereof, and shall so order,—5(a) if new and important evidence which could not be produced at the time of investigation has been discovered; or(b) if for any other reason there has, in its opinion, been a miscarriage of justice part xi wreck and salvage chapter i10 wreckapplication of this chapter to wrecks80 of 1976211 this chapter shall apply to the wrecks located within the territory of india including the territorial sea or any marine areas adjacent thereto over which india has, or may hereafter have, exclusive jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976:15provided that this chapter shall not apply to,—(a) any measures taken under the international convention relating to the intervention on the high seas in cases of oil pollution casualties,1969;(b) any warship or other vessel owned or operated by the government for non-commercial servicedefinitions20212 in this chapter, unless the context otherwise requires,—(a) ''authority'' means the central government or any person authorised by it; (b) ''affected country'' means the country in whose convention area the wreck is located;25(c) ''convention'' means the nairobi convention on the removal of wrecks,2007;30(d) ''convention area'' means the exclusive economic zone of a state party, established in accordance with international law or, if a state party has not established such a zone, an area beyond and adjacent to the territorial sea of that state determined by that state in accordance with international law and extending not more than two hundred nautical miles from the baselines from which the breadth of its territorial sea is measured;(e) ''hazard'' means any condition or threat, that,—(i) poses a danger or impediment to navigation; or35(ii) may reasonably be expected to result in major harmful consequences to the marine environment, or damage to the coastline or related interests of india or any other country; (f) ''maritime casualty'' means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo;40(g) ''operator of the ship'' means the owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all duties and responsibilities established under the international safety management code;(h) ''receiver of wreck'' means a person appointed as such under sub-section (1)of section 213;(i) ''registered owner'' means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship at the time of the maritime casualty:5provided that in the case of a ship owned by a state and operated by a company which in that state is registered as the operator of the ship, "registered owner" shall mean such company;(j) ''related interests'', in relation to the interest of india directly affected or threatened by a wreck, means—10(i) maritime coastal, port and estuarine activities, including fisheriesactivities, constituting an essential means of livelihood of the persons concerned;(ii) tourist attractions and other economic interests of the areas concerned; (iii) the health of the coastal population and the well being of the areaconcerned, including conservation of marine living resources and of wild life; and15(iv) offshore and underwater infrastructure;(k) ''removal'' means any form of prevention, mitigation or elimination of the hazard created by a wreck, and the expressions "remove", "removed" and "removing" shall be construed accordingly;20(l) ''ship'' means a sea-going vessel of any type whatsoever and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and floating platforms, except when such platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources;(m) ''state of the ship's registry'' means,—(i) in relation to a registered ship, the country of registration of the ship; and25(ii) in relation to an unregistered ship, the country, under whose flag the ship is entitled to fly; (n) ''wreck'', in relation to maritime casualty, means —(i) a sunken or stranded ship;30(ii) any part of a sunken or stranded ship, including any object or goodsor cargo that is or has been on board such a ship;(iii) any object or goods or cargo that is lost at sea from a ship and that is stranded, sunken or adrift at sea;35(iv) a ship that is in distress or is about, or may reasonably be expected, tosink or to strand, where effective measures to assist the ship or any property in danger are not already being taken; or(v) a ship abandoned without hope or intention of recoveryexplanation— for the purposes of this sub-clause, any question as to whether the measures adopted to assist the ship or any property in danger are effectively being taken or not shall be decided by the director-general40receivers of wreck213 (1) the central government, may by notification, appoint any person to be thereceiver of wreck to receive and take possession of wreck and to perform such duties connected therewith as are hereinafter mentioned, within such limits as may be specified in that notification45(2) the receiver of wreck shall receive and take possession of wreck with all powers in respect thereof, including powers for disposal or sale of the wreck, power to give notices, power to enforce performance of obligations by owner, operator, insurer of the vessel, as provided in this chapter, and take such action as require to remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of maritime environmentduty to report wrecks5214 (1) when any indian ship has been involved in a maritime casualty resulting in awreck in any area to which this chapter applies, the master or owner or the operator of the ship shall, without any delay, report such incident to the receiver of wreck and the central government10(2) when any indian ship has been involved in a maritime casualty resulting in a wreck in a convention area of any country, the master and the operator of that ship shall, without any delay, report such incident to the affected country in such manner as may be required by that country and shall also report such incident to the central government15(3) when any ship other than indian ship has been involved in a maritime casualty resulting in a wreck in any area to which this chapter applies, the master and the operator of the ship shall, without any delay, report such incident to the receiver of wreck and the central governmentdetermination of hazard215 for determining as to whether a wreck poses a hazard or not, the following criteria shall be taken into account, namely:—(a) the type, size and construction of the wreck; (b) depth of the water in the area;20(c) tidal range and currents in the area; (d) proximity to protected areas including coral reefs and other areas as notifiedby the government;25(e) particularly sensitive sea areas identified and, as appropriate, designated inaccordance with guidelines adopted by the international maritime organisation, or a clearly defined area of the exclusive economic zone where special mandatory measures have been adopted in accordance with requirements of the united nations convention on the law of the sea, 1982;(f) proximity of shipping routes or established traffic lanes; (g) traffic density and frequency;30(h) type of traffic; (i) nature and quantity of the wreck's cargo, the amount and types of oil (such asbunker oil and lubricating oil) on board the wreck and, in particular, the damage likely to result if the cargo or oil is released into the marine environment;(j) vulnerability of port and port facilities;35(k) prevailing meteorological and hydrographical conditions; (l) submarine topography of the area; (m) height of the wreck above or below the surface of the water at lowestastronomical tide;(n) acoustic and magnetic profiles of the wreck;40(o) proximity of offshore installations, pipelines, telecommunication cables and similar structures;(p) proximity of tourist spots and heritage locations; and(q) any other circumstances that might necessitate the removal of the wrecklocating and marking ofwrecks216 (1) the central government may, if considers necessary, give directions to a receiver of wreck or any other person or authority including the director-general of light house or the port authority or a maritime board or indian coast guard, as the case may be, within their respective jurisdiction to locate or mark the wreck, or both5(2) when a wreck has been determined to be a hazard, it shall be the duty of the owner or the operator of such a vessel,—(a) to immediately mark the wreck at his or its own cost in such manner as may be prescribed; and(b) to maintain the marking until the wreck is removed10(3) the cost for locating and marking the vessel shall be borne by or recovered from the owner or the operator of such a vesselpower to pass over adjoining lands15217 (1) whenever a vessel is wrecked, stranded or in distress, all persons may, for the purpose of rendering assistance to the ship or of saving the lives of the shipwrecked persons, or of saving the cargo or equipment of the vessel, unless there is some public road equally convenient, pass and repass, either with or without vehicles or animals, over any adjoining lands without being subject to interruption by the owner or occupier, so that they do as little damage as possible and may also on the like condition, deposit on these lands any cargo or other article recovered from the vessel20(2) any damage sustained by an owner or occupier in consequence of the exercise of the rights under this section shall be a charge on the vessel, cargo or articles in respect of or by which the damage is sustained and in case of dispute, the amount payable in respect of such damage shall be determined by a magistrate on an application made to him in this behalf218 no person shall,—prohibition of certain acts in respect of wreck25(a) without the leave of the master, board or attempt to board any vessel which is wrecked, stranded or in distress, unless the person is, or acts by command of, the receiver of wreck; or30(b) impede or hinder or attempt in any way to impede or hinder the saving of any vessel stranded or in danger of being stranded or otherwise in distress in any area to which this chapter applies or of any part of the cargo or equipment of the vessel, or of any wreck; or(c) secrete any wreck or deface or obliterate any marks thereon; or(d) wrongfully carry away or remove any part of a vessel stranded or in dangerof being stranded or otherwise in distress, in any area to which this chapter applies, or any part of the cargo or equipment of the vessel or any wreck35search warrants where wreck is involved40219 where a receiver of wreck suspects or receives information that any wreck issecreted or is in the possession of some person who is not the owner thereof or that any wreck is otherwise improperly dealt with, he may apply to the nearest judicial magistrate of the first class or metropolitan magistrate, as the case may be, for a search warrant, and that judicial magistrate of the first class or metropolitan magistrate, as the case may be, shall have power to grant such warrant and the receiver of wreck by virtue thereof may enter any house or other place wherever situate and also any vessel and search for, seize and detain any such wreck found thereof220 (1) when it is determined that the wreck constitutes a hazard, the receiver of wreck shall give the detail information to the central government45measures to facilitate the removal ofwrecks(2) the central government, on receipt of information under sub-section (1), shall—(a) inform the government of the country of the vessel registry and the registeredowner of the vessel; and(b) consult the government of the country of the vessel registry and other countriesaffected by the wreck regarding measures to be taken in relation to such wreck (3) the registered owner of the vessel or, as the case may be, the operator of the vessel shall remove such wreck which has been determined to constitute a hazard:provided that where any dispute arises as to whether the wreck constitutes a hazard or not, the decision of the central government shall be final and binding on all parties5(4) when a wreck has been determined to constitute a hazard, the registered owner of the vessel or, as the case may be, any interested person shall provide to the central government or the receiver of wreck with the evidence of insurance or other financial security maintained by him in accordance with the provisions of this act10(5) the receiver of wreck shall, having regard to the nature of the hazard, set such time limit as may be prescribed for the owner of the vessel or its operator to remove the wreck15(6) if the owner of the vessel or its operator does not remove the wreck within the time specified under sub-section (5), the receiver of wreck may, at the expense of such owner or operator, remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment and the wreck or any sale proceeds derived from such wreck shall become the property of the central government20(7) where immediate action is required and the receiver of wreck has informed the owner of the vessel or the operator accordingly, he may, at the expense of such owner or operator, remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment\| liability \|\|-----------------------------------------------------------------------------------------\|\| owner \|\| 221 \|\| (1) \|\| the registered owner shall be liable for the costs of locating, marking and \|\| removing the wreck under this chapter unless he proves that the maritime casualty which \|\| caused the wreck,— \|\| 25 \|\| (a) \|\| resulted from an act of war, hostilities, civil war, insurrection, or a natural \|\| phenomenon of an exceptional, inevitable and irresistible character; or \|\| (b) \|\| was wholly caused by act or omission done with an intent to cause damage \|\| by a third party; or \|\| 30 \|\| (c) \|\| was wholly caused by the negligence or other wrongful act of any government \|\| or other authority responsible for the maintenance of lights or other navigational aids \|\| in the exercise of that function \|(2) nothing contained in this chapter shall affect the right of the registered owner to limit his liability in accordance with the provisions of section 155(3) nothing contained in this part shall prejudice any right of recourse available to the registered owner against third parties35222 (1) every registered owner of an indian ship of gross tonnage three hundred and above shall, for the purpose of covering his liability under this chapter, be required to maintain compulsory insurance coverage or such other financial security, as may be prescribedmaintenance of insurance or other financial security40(2) every owner of a vessel or operator of a vessel other than an indian vessel of gross tonnage of three hundred and above, while it is in the area to which this chapter applies, shall maintain insurance coverage or other financial security to cover his liability under the convention and shall carry on board a certificate attesting that such insurance or other financial security is in force in accordance with the provisions of the convention(3) the certificate referred to in sub-section (2) shall, in case the vessel is,—45(a) an indian vessel, be issued by the authority; (b) registered in a convention country other than india, be issued by or under the authority of the government of that country; and(c) registered in a country which is not a convention country, be issued or certified by the appropriate authority authorised by any convention country (4) any vessel found contravening the provisions of sub-section (2) shall be liable to be detained by the authority5(5) any claim for costs arising under this chapter may be brought directly against theinsurer or other person providing financial security for the registered owner's liability and in such a case, the insurer or such person may invoke defences (other than bankruptcy or winding up of the registered owner) which the registered owner would have been entitled to invoke, including limitation of liability as provided under the provisions of this act:10provided that where the registered owner is not entitled to limitation of liability under theprovisions of this act, the insurer or such person may limit liability to an amount equal to the amount of the insurance or other financial security required to be maintained under sub-section (1):15provided further that the insurer or such person may invoke the defence that themaritime casualty resulted from the wilful misconduct of the registered owner but shall not invoke any other defence which such insurer or person might have been entitled to invoke in proceedings brought by the registered owner against such insurer or person:provided also that the insurer or such person shall have the right to require the registeredowner to be joined in such proceedings20exception to liability223 (1) the registered owner shall not be liable under this chapter for meeting thecosts referred to in sub-section (5) of section 222 if, and to the extent that, liability for suchcosts is in conflict with,—(a) any other chapter or provisions of this act;38 of 2010(b) the provisions of the civil liability for nuclear damage act, 2010; or25(c) any other applicable or binding international legal instrument which indiaadopts(2) where measures are taken under this chapter to the extent such measures are construed to be salvage under the provisions of section 229, the provisions of said section 229 shall apply for the purposes of remuneration or compensation payable to salvers3015 of 1908explanation—for the removal of doubts, it is hereby clarified that the provisions ofthis section shall be construed harmoniously with the provisions of the indian ports act, 1908 and in case of any ambiguity or conflict thereof, the provisions of the indian ports act, 1908 shall prevail35claims of owners to wreck224 (1) the owner of any wreck in the possession of the receiver upon establishinghis claim to the same to the satisfaction of the receiver within one year from the time at which the wreck came into the possession of the receiver shall, upon paying the salvage and other charges, be entitled to have the wreck or the proceeds thereof delivered to him40(2) where any articles belonging to or forming part of a vessel other than an indianvessel which has been wrecked or belonging to and forming part of the cargo of such vessel, are found in any area to which this chapter applies or are brought into any port in india, the consular officer of the country in which the vessel is registered or, in the case of cargo, the country to which the owners of the cargo may have belonged shall, in the absence of the owner and of the master or other agent of the owner, be deemed to be the agent of the owner, with respect to the custody and disposal of the articles45(3) where the owner of the wreck does not appear and claim the balance of theproceeds of sale within one year from the date of sale, the said balance shall become the property of the central government225 any claim for recovery of costs for locating and marking of the vessel under sub-section (3) of section 216 shall be made within a period of three years from the date of determination of the hazard:extinguishment of right toclaim recovery of costs5provided that no claim shall be made after six years from the date of the maritime casualty that resulted in the wreck:provided further that where the maritime casualty consists of a series of occurrences, the six years period shall run from the date of the first occurrence chapter ii salvage10226 (1) this chapter applies to judicial or arbitral proceedings relating to salvage operations in respect of a vessel or any other property, which are instituted in india:application of this chapter to salvageprovided that this chapter shall not apply to the fixed or floating platforms or to mobile offshore drilling units when such platforms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources:15provided further that this chapter shall not apply to warships or other non-commercial vessels owned or operated by the government which are entitled, at the time of salvage operations, to sovereign immunity(2) this chapter shall apply, notwithstanding that the vessel undertaking the salvage operations belong to the same owner of the vessel20227 in this chapter, unless the context otherwise requires,—definitions(a) ''damage to the environment'' means substantial physical damage to human health or to marine life of resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents;25(b) ''payment'' means any reward, remuneration or compensation due under the salvage convention;(c) ''property'' means any property not permanently and intentionally attached to the shoreline and includes freight at risk;(d) ''salvage convention'' means international convention on salvage, 1989;30(e) ''salvage operation'' means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or any other waters to which this chapter applies and includes,—(i) the raising, removal, destruction or rendering a vessel harmless which is sunk, wrecked, stranded or abandoned including anything that is or has been on board such vessel;35(ii) the removal, destruction or rendering the cargo of a vessel harmless; (iii) the measures taken to avert or minimise loss to a vessel or its cargo or both; and(iv) any other salvage services40(f) ''salvor'' means any person rendering services in direct connection with salvage operation;(g) ''vessel'' means any ship or craft, or any structure capable of navigationsalvage award228 every master who, renders assistance to any person in danger of being lost at sea, or to property, shall be paid a salvage award for such assistance229 (1) where services are rendered,—45(a) wholly or in part within the territorial waters of india in saving life from any vessel, or elsewhere in saving life from a vessel registered in india;salvage payable for saving life, cargo or wreck(b) in assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded or in distress at any place to which this chapter applies as specified in section 226; or5(c) by any person other than the receiver of wreck in saving any wreck, there shall be payable to the salvor by the owner of the vessel, cargo, equipment, a reasonable sum for salvage having regard to all the circumstances of the case (2) salvage in respect of the preservation of life when payable by the owner of the vessel shall be payable in priority to all other claims for salvage10230 where salvage operation are rendered by or on behalf of the government or by a vessel of the indian navy or of the coast guard or the commander or crew of any such vessel or the port authorities or any public authority, as the case may be, it shall be entitled to salvage and payment for such services as provided under this chapter and shall have the same rights and remedies in respect of those services as any other salvorsalvage operations controlled by government or port and public authorities salvage contracts15231 (1) subject to the provisions contained in section 232, this chapter shall apply to any salvage operation save to the extent that a contract otherwise provides expressly or by implication(2) the master shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel20(3) the master or the owner of the vessel shall have the authority to conclude such contracts on behalf of the owner of the property on board the vessel232 (1) the salvor shall have the following duties towards the owner of the vessel or other property in danger, namely:—duties of salvor, owner and master(a) to carry out the salvage operations with due care;25(b) to exercise due care to prevent or minimise damage to the environment during salvage operations;(c) to seek assistance from other salvors including port authorities or public authorities when circumstances so require; and(d) to accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or other property in danger:30provided that if it is found that such a request was unreasonable, it shall not prejudice the amount of reward of such salvor(2) the owner, master of the vessel or the owner of other property who is in danger shall have the following duties towards the salvor, namely:—35(a) to co-operate fully with the salvor during the course of the salvage operations;(b) to exercise due care to prevent or minimize damage to the environmentduring the salvage operations;(c) when the vessel or other property has been brought to a place of safety, toaccept redelivery when reasonably requested by the salvor to do so; and40(d) to provide satisfactory security for the claim, including interest and costs ofthe salvor for salvage operations, at the request of the salvor45233 (1) the central government shall take such measures as may be prescribed to protect its coastline or related interests from pollution or threat of pollution arising out of a maritime casualty or acts relating to such casualty which may result in major harmful consequencesrights and duties of central government in relation to salvage operations(2) the central government shall give such directions as it deems fit to the concerned vessel owner or the master or the salvor or a port authority or a public authority or any other person in relation to salvage operations5(3) the central government shall, for the purposes of efficient and effective salvage operations, saving life or property in danger and preventing damage to the environment, seek cooperation from the concerned vessel owner or the master or the salvor or a port authority or a public authority or any other person, to give assistance to vessel in need, to admit to ports of vessel in distress or in need of assistance and to give facilities to salvorsrights of salvors10234(1) a salvor shall have a right to payment for the services rendered by him relatingto salvage operations:provided that no such payment shall be made where there is express and reasonable prohibition from the owner or master of vessel or owner of any other property in danger15(2) the criteria for claiming rewards, the manner of fixing rewards, the payment of special compensation, the apportionment of payment amongst salvors, the salvage of persons, the payment under the contract, the payment for additional services not covered under the contract and the effect of misconduct of salvors on reward or payment under this chapter shall be such as may be prescribed20(3) the salvor shall have right to enforce his maritime lien against the owner or master of vessel or owner of any other property in danger when satisfactory security for his claim, including interest and costs, has not been provided by such personadjudication of disputes235 (1) a dispute relating to claims under this part shall be determined upon applicationmade by either of the disputing parties to the concerned high court25(2) where there is any dispute as to the persons who are entitled to the salvage amount under this section, the high court shall decide the dispute and if there are more persons than one entitled to such amount, the high court shall apportion the amount thereof, among such persons30(3) the cost of and incidental to all proceedings before the high court under this section shall be in the discretion of the high court and the high court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose aforesaid(4) the high court may, by interim order, direct that the salvor shall be paid such amount as may appear to it to be fair and just, upon such terms, including terms as to security, as may appear to it to be necessary, fair and just, according to the circumstances of each case35extinguishment of claims236 any action relating to payment under this chapter shall extinguish if no action forsuch claim is made within a period of two years from the date of completion of salvage operations237 nothing in this chapter shall affect,—savings40(a) any treaty or arrangement with any foreign country to which india is a partywith reference to the disposal of the proceeds of wrecks on their respective coasts; or15 of 1908(b) the provisions of section 29 of the indian ports act, 1908, or any person tosalvage in respect of any property recovered by creeping or sweeping in contravention of that section238 (1) the central government may make rules to carry out the provisions of this partpower to make rules respecting wreck and salvage(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the manner of marking wreck under clause (a) of sub-section (2) of section 216;(b) the time-limit to remove the wreck under sub-section (5) of section 220;5(c) the other financial security under sub-section (1) of section 222;(d) the measures to be taken to protect the coastline or related interests frompollution or threat of pollution under sub-section (1) of section 233;10(e) the criteria for claiming rewards, the manner of fixing rewards, the payment ofspecial compensation, the apportionment of payment amongst salvors, the salvage of persons, the payment under the contract, the payment for additional services not covered under the contract and the effect of misconduct of salvors on reward or payment under sub-section (2) of section 234;(f) any other matter which is required to be or may be prescribed part xii15 control of indian vessels and foreign vessels engaged in coasting trade239 this part shall apply to all vessels including vessels other than indian vesselapplication of this part licensing of vessels240 (1) no vessel, other than a vessel registered under this act shall engage in the coasting trade of india or exploration, exploitation or research in the coastal waters of india except under a licence granted by the director-general under sub-section (4)20(2) no other vessel chartered by a citizen of india or a company or a co-operative society other than vessel registered under this act shall be taken to sea from a port or place within or outside india except under a licence granted by the director-general under this section25(3) an indian controlled tonnage vessel may be granted a licence under this section subject to such conditions as may be specified by the director-general(4) a licence granted under this section may be—(a) a general licence;(b) a licence for the whole or any part of the coasting trade of india; or30(c) a licence for a specified period or voyage(5) a licence granted under sub-section (4), shall be in such form and shall be valid for such period as may be prescribed, and shall be subject to such conditions as may be specified by the director-general:35provided that the central government, if it is of the opinion that it is necessary or expedient in the public interest so to do, it may, by a general or special order, exempt any class of vessels from the provisions of this section241 (1) the director-general may, at any time if the circumstances of the case so require, revoke or modify a licence granted under section 240revocation, modification or surrender of licence40(2) no licence shall be revoked or modified under this section unless the person concerned has been given a reasonable opportunity of making a representation against such revocation or modification, as the case may be(3) when a licence granted under section 240 ceases to be valid, the person to whom it was granted shall, without unreasonable delay, return it or causes it to be returned to the director-general242 no proper officer shall grant a port clearance to a vessel not registered under this act in respect of which a licence is required under this part, until after the production of such a licence by the owner, master or agent of such vesselno port clearance until licence is producedpower to give direction5243 (1) the director-general may, if he is satisfied that in the public interest or in the interests of indian shipping it is necessary so to do, give, by order in writing, such directions as he thinks fit,—(a) in the case of a vessel which has been granted a licence under section 240, with respect to all or any of the following matters, namely:—(i) the ports or places, whether in or outside india, to which, and the routes by which, the vessel shall proceed for any particular purpose;10(ii) the diversion of any vessel from one route to another for any particular purpose;(iii) the classes of passengers or cargo which may be carried in the vessel;15(iv) the order of priority in which passengers or cargo may be taken on or put off the vessel at any port or place, whether in or outside india; (b) in the case of a vessel which has been granted a licence under section 240with respect to the order of priority in which passengers or cargo may be taken on the vessel at any port or place in india from which she is about to proceed for any port or place in india at which she is to call in the course of her voyage20(2) the director-general may, by notice, require,—(a) the owner, master or agent of any vessel in respect of which a licence granted under section 240; or(b) the owner, master or agent of any vessel in respect of which any directions have been or may be given under clause (b) of sub-section (1), to furnish within the period specified in the notice the information as to—25(i) the classes of passengers and cargo which the vessel is about to carry or is capable of carrying or has carried during any specified period;(ii) any other matter which may be prescribed30(3) notwithstanding anything contained in any other law for the time being in force, the central government may, in public interest, by an order in writing, give such directions as it may deem appropriate to ban any vessel from entering any port, anchorage or offshore facility in india 244 (1) if it appears to the central government,—35(a) that measures have been taken by or under the law of any foreign country forregulating or controlling the terms or conditions upon which goods or passengers may be carried by sea, or the terms or conditions of contracts or arrangements relating to such carriage; andpowers of central government to protect interests of indian shipping from undue foreign intervention40(b) that such measures, in so far as they apply to things done or, to be doneoutside the territorial jurisdiction of that country by persons carrying on lawful business in india, constitute an infringement of the jurisdiction which belongs to india, it may, by an order in writing, direct that this section shall apply to those measures either in whole or to such extent as may be specified in the order45(2) where an order issued under sub-section (1) is in force in relation to any measures, it shall be the duty of every person in india who carries on business consisting or comprising of the carriage of goods or passengers by sea to give notice to the central government of any requirement or prohibition imposed or threatened to be imposed on him pursuant to such measures so far as this section applies to him, including any requirement to submit any contract or other document for approval thereunder(3) where a notice under sub-section (2) is received from any person or there are grounds to believe that a notice is likely to be received, the central government may, by an order in writing, give to such person directions prohibiting compliance with any such requirement or prohibition as it considers proper for maintaining the jurisdiction of india510(4) if it appears to the central government that any person in india has been or may berequired to produce or furnish to any court, or authority of a foreign country any commercial document which is not within the territorial jurisdiction of that country or any commercial information to be compiled from documents not within the territorial jurisdiction of that country and that the requirement constitutes or may constitute an infringement of the jurisdiction which belongs to india, the central government may, by an order in writing, give directions to that person, prohibiting him from complying with the requirement except to such extent or subject to such conditions as may be specified in that orderpower to make rules245 (1) the central government may make rules to carry out the provisions of this part15(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 licence and the valid period of such licence under sub-section (5) of section 240;20(b) any other matters under sub-clause (ii) of clause (b) of sub-section (2) of section 243;(c) any other matter which is required to be or may be prescribed part xiii sailing, fishing and other vesselsapplication of part25246 (1) save as otherwise provided, this part shall apply to vessels of the following description, namely:—(a) sailing vessel; (b) fishing vessel; (c) vessel without mechanical means of propulsion;30(d) vessel whose net tonnage is less than fifteen and is engaged solely incoasting trade of indiaexplanation—for the purposes of this section, the words "net tonnage" means the measure of the useful capacity of a vessel determined in accordance with the rules made in this behalf(2) the provisions of this act, other than those contained in part i, part ii, part iii, part x, part xiv and this part, shall not apply to vessels under sub-section (1):35provided that the central government may, by notification direct that any other provisions of this act shall also apply to such vessels subject to such conditions, exceptions and modifications as may be specified in the notification40247 if any question arises whether a vessel falls under this part, it shall be decided by the director-general and his decision thereon shall be finaldecision on whether a vessel falls under this part248 (1) every vessel covered under this part shall be manned and carry on board such fittings, material, appliances and apparatus, for safety, security and prevention of pollution as may be prescribedrequirements for safety, security, prevention of pollution, and insurance45(2) every owner of the vessel covered under this part shall provide a policy of insurance for all persons employed as members of the crew of such vessel against death or personal injury caused by accident arising in the course of their employment, for an amount which shall not be less than the amount as may be notified(3) no vessel shall ply or proceed to sea unless it complies with the provisions under sub-sections (1) and (2)5249 (1) no vessel shall ply or proceed to sea unless there is in force in respect of thatvessel prescribed certificates granted under this part, the same being applicable to the voyage on which she is about to ply or proceedvessel not to proceed without valid certificates(2) every certificate shall be granted in such manner and shall be in force for such period as may be prescribed:10provided that where a vessel is not at a port at the time of expiry of the certificate, the owner, master, tindal or skipper of that vessel shall inform to the central government and the certificate shall continue to be valid until her first arrival at the next port after the expiry of such period15250 (1) every owner, master or tindal or skipper of a vessel shall maintain or cause to be maintained a statement of the crew of the vessel containing with respect to each member thereof in such form as may be prescribed, namely:—statement relating to crew of vessels to be maintained(a) his name; (b) the wages payable to him; (c) the names and addresses of his next-of-kin; (d) the date of commencement of his employment; and20(e) such other particulars as may be prescribed(2) every change in the crew of the vessel shall be entered in the statement under sub-section (1)25(3) a copy of such statement and of every change entered therein shall be communicated as soon as possible to the shipping masterinquiry to jettisoning of cargo30251 (1) if any owner, master or tindal or skipper of a vessel in the course of her voyage, has jettisoned or claims to have jettisoned the whole or any part of the cargo of the vessel on account of abnormal weather conditions or for any other reason, he shall immediately after arrival of the vessel at any port or place in india give notice of such jettisoning to the proper officer, and such notice shall contain full particulars of the cargo jettisoned and the circumstances under which such jettisoning took place(2) where the proper officer receives the notice under sub-section (1), he shall forthwith report in writing to the central government and may proceed to make an inquiry into the matter35detention of vessel by proper officer252 (1) any vessel attempting to ply or proceed to sea without free board markings or any vessel which has been so loaded as to submerge such markings or carrying persons in excess of the certified capacity, may be detained by a proper officer until the vessel complies with the rules made in this behalf40(2) except otherwise provided, for the purposes of this part, a proper officer may, at any reasonable time, go on board a vessel, and may inspect or audit the vessel, and any part thereof, the structure, equipment, fittings, arrangements, materials, systems, scantlings, cargo, provisions, stores, her certificates, and certificates of the crew on board:provided that the proper officer shall not unreasonably hinder the operation of the vessel, or unreasonably detain or delay her from proceeding on any voyage45(3) the owner, agent, master or every officer of the vessel shall afford to the proper officer all reasonable facilities for a survey or audit, and provide all such information in respect of the vessel and her structure, equipment, fittings, arrangements, materials, scantlings, systems, cargo, provisions, stores, her certificates, and certificates of the crew, as the proper officer reasonably requires5detention of unseaworthy vessels253 (1) if any vessel under this part, arrives in or proceeds from a port or place in indiain an unseaworthy condition or which is likely to pose a threat to the security on indian coasts or offshore installations, the vessel may be detained until the owner, master or tindal or skipper takes all reasonable measures to ensure the seaworthiness of the vessel10(2) nothing contained in sub-section (1) shall affect the liability of the person in charge of the vessel in respect of such unseaworthiness or threat to the security on indian coasts or offshore installations under any other provisions of this actpower toexempt15254 (1) notwithstanding anything contained in this part, the central government may, by order in writing and upon such conditions, if any, as it may think fit to impose, exempt any vessel or tindal, skipper or member of crew of such vessel or any class thereof, from any specified requirement contained in or prescribed in pursuance of this act or dispense with the observance of any such requirement in the case of any vessel or tindal, skipper or member of crew of such vessel or any class thereof if it is satisfied that the requirement has been substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the case20(2) where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-sectionpower to make rules255 (1) the central government may make rules to carry out the provisions of this part(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-25(a) the scale of manning and fittings, material, appliances and apparatus to be carried on board by indian vessel under sub-section (1) of section 248;(b) the certificates required to ply or proceed to sea by a vessel under sub-section (1) of section 249;30(c) the manner of granting of certificate and the period said certificate undersub-section (2) of section 249;(d) the form for maintaining a statement of the crew of the vessel under sub-section (1) of section 250;(e) any other matter which is required to be or may be prescribed35 part xiv penalties and procedurespenalties256 (1) any person who contravenes any provision of this act or fails to comply with any provision thereof, which it was his duty to comply with, shall be guilty of an offence committed under this act40(2) the offences mentioned in column (2) of the table below shall be punishable to the extent mentioned in column (4) of the said table with reference to such offence respectively45(3) any person who contravenes any provision of this act or fails to comply with any provision thereof, which it was his duty to comply with, shall be guilty of an offence, and if in respect of any such offence, no penalty is specially provided in sub-section (2), he shall be punishable with fine which may extend to fifty thousand rupees(4) the principal officer may, after giving the parties an opportunity of being heard, by order in writing, impose penalties as specified in column (4) of the said table5(5) any person aggrieved by the order under sub-section (4), may, within a period of thirty days from the date of receipt of such order, prefer an appeal before the director-general in such form and manner as the central government may specify in this behalf(6) the director-general may, after giving the parties an opportunity of being heard, within a period of thirty days from the date of receipt of the order under sub-section (5), pass appropriate order which shall be final and binding on all partiestable10 15serialoffencessectionpenaltiesby whomnoof thisthe offenceact totriable andwhichpenaltiesoffenceimposedhas referred(1) (2)(3) (4) (5)201if any person causes14 (1)imprisonment whichcourta vessel to proceed tomay extend to sixsea in contraventionmonths or fine whichof sub-section (1) ofmay extend to twosection 14lakh rupees, or both252if the owner of an17 (1)fine which mayprincipalindian vessel fails toextend to fiftyofficercomply with, orthousand rupeescontravenes, sub-section (1) of section 17303if any person contravenes20 (2)fine which mayprincipalsub-section (2) ofextend to fiftyofficer section 20thousand rupees4if the owner fails to deliver22fine which mayprincipalthe certificate of registryextend to fiftyofficerto the registrar as requiredthousand rupeesunder section 22355if any person contravenes24 (1)fine which may extendprincipalsub-section (1) of section 24to one lakhofficerrupees40456if an owner fails to make35fine which may extendprincipalan application forto fifty thousand rupees; officerregistering a new vesseland in addition, a fineor for registering anwhich may extend toalteration of a vesseltwo thousand rupeesunder section 35for everyday duringwhich the offence continues afterconviction\| (1) \| (2) \| (3) \| (4) \| (5) \|\|--------------------------------\|-------------------------------------\|---------\|--------------------\|----------\|\| 5 \| \| \| \| \|\| 7 \| if any distinctive national \| 40 \| \| \|\| (1) \| \| \| \| \|\| fine which may extend \| principal \| \| \| \|\| colours except those \| to two lakh rupees \| officer \| \| \|\| declared under \| \| \| \| \|\| sub-section \| \| \| \| \|\| (1) \| \| \| \| \|\| of section 40 \| \| \| \| \|\| are hoisted on board by \| \| \| \| \|\| indian vessel \| \| \| \| \|\| 10 \| \| \| \| \|\| 8 \| if any person acts in \| 40 \| \| \|\| (2) \| \| \| \| \|\| fine which may extend \| principal \| \| \| \|\| contravention of \| to fifty thousand rupees officer \| \| \| \|\| sub-section \| \| \| \| \|\| (2) \| \| \| \| \|\| of section 40 \| \| \| \| \|\| 15 \| \| \| \| \|\| 9 \| if any person contravenes \| 40 \| \| \|\| (4) \| \| \| \| \|\| imprisonment which \| court \| \| \| \|\| sub-section \| \| \| \| \|\| (4) \| \| \| \| \|\| of \| may extend to two \| \| \| \|\| section 40 \| years, or fine which \| \| \| \|\| may extend to two lakh \| \| \| \| \|\| rupees, or both \| \| \| \| \|\| 10 \| if an owner or a master \| 41 \| imprisonment which \| court \|\| of an indian vessel \| may extend to two \| \| \| \|\| contravenes section 41 \| years, or fine which \| \| \| \|\| may extend to two lakh \| \| \| \| \|\| rupees, or both \| \| \| \| \|\| 20 \| \| \| \| \|\| 25 \| \| \| \| \|\| 11 \| if any person in the case \| general \| imprisonment which \| court \|\| of any declaration made \| may extend to six \| \| \| \|\| in the presence of, or \| months, or fine which \| \| \| \|\| produced to, registrar \| may extend to two \| \| \| \|\| under part iv or in any \| lakh rupees, or both \| \| \| \|\| document or other evidence \| \| \| \| \|\| produced to such registrar— \| \| \| \| \|\| 30 \| \| \| \| \|\| 35 \| \| \| \| \|\| 35 \| \| \| \| \|\| 40 \| \| \| \| \|\| 45 \| \| \| \| \|\| (i) \| \| \| \| \|\| wilfully makes or \| \| \| \| \|\| assists in making or \| \| \| \| \|\| procures to be made, any \| \| \| \| \|\| false statement concerning \| \| \| \| \|\| the title to or owner vessel \| \| \| \| \|\| of or the interest existing in \| \| \| \| \|\| any vessel or any share \| \| \| \| \|\| in a vessel; or \| \| \| \| \|\| (ii) \| \| \| \| \|\| utters, produces or \| \| \| \| \|\| makes \| use \| of \| any \| \|\| declaration or document \| \| \| \| \|\| containing any such false \| \| \| \| \|\| statement knowing the same \| \| \| \| \|\| to be false \| \| \| \| \|\| 12 \| if the indian charterer fails to 49 \| \| \| \|\| (7) \| \| \| \| \|\| fine which may extend \| principal \| \| \| \|\| inform the registrar under \| to two lakh rupees \| officer \| \| \|\| sub-section \| \| \| \| \|\| (7) \| \| \| \| \|\| of section 49 \| \| \| \| \|\| 13 \| if any person having \| 51 \| \| \|\| (2) \| \| \| \| \|\| imprisonment which \| court \| \| \| \|\| been engaged as one of \| may extend to six \| \| \| \|\| the officers referred to \| months or fine which \| \| \| \|\| in sub-section \| \| \| \| \|\| (2) \| \| \| \| \|\| of \| may extend to two \| \| \| \|\| section 51 goes to sea \| lakh rupees, or both \| \| \| \|\| as such officer without \| \| \| \| \|\| holding a certificate \| \| \| \| \|\| referred to in sub-section \| \| \| \| \|\| (2) \| \| \| \| \|\| of that section \| \| \| \| \|\| (1) \| (2) \| (3) \| (4) \| (5) \|\|-------------------------------\|-----------------------------\|-----------\|--------------------\|-------------\|\| 5 \| \| \| \| \|\| 14 \| if any person conducts \| 53 \| \| \|\| (2) \| \| \| \| \|\| imprisonment which \| court \| \| \| \|\| training course in \| may extend to two \| \| \| \|\| contravention of \| years, or fine which \| \| \| \|\| sub-section \| \| \| \| \|\| (2) \| \| \| \| \|\| of section 53 \| may extend to twenty \| \| \| \|\| lakhs rupees, or both \| \| \| \| \|\| 10 \| \| \| \| \|\| 15 \| if any person obstructs \| 53 \| \| \|\| (3) \| \| \| \| \|\| fine which may \| principal \| \| \| \|\| authorised person under \| extend to two lakh \| officer \| \| \|\| sub-section \| \| \| \| \|\| (3) \| \| \| \| \|\| of \| rupees \| \| \| \|\| section 53 \| \| \| \| \|\| 15 \| \| \| \| \|\| 16 \| if any person causes a \| general \| imprisonment which \| court \|\| vessel or fishing vessel \| may extend to six \| \| \| \|\| to proceed to sea without \| months or fine which \| \| \| \|\| the required certificate \| may extend to two \| \| \| \|\| personnel \| lakh rupees, or both \| \| \| \|\| 20 \| \| \| \| \|\| 17 \| if a master fails to comply \| 55 \| \| \|\| (1) \| \| \| \| \|\| fine which may extend \| principal \| \| \| \|\| with the requirement under \| to fifty thousand rupees \| officer \| \| \|\| sub-section \| \| \| \| \|\| (1) \| \| \| \| \|\| of \| and in addition, a fine \| \| \| \|\| section 55 \| which may extend to \| \| \| \|\| five thousand rupees \| \| \| \| \|\| for everyday during \| \| \| \| \|\| which the offence \| \| \| \| \|\| continues after \| \| \| \| \|\| conviction \| \| \| \| \|\| 25 \| \| \| \| \|\| 18 \| if any person contravenes \| 63 \| \| \|\| (4) \| \| \| \| \|\| fine which may extend \| principal \| \| \| \|\| sub-section \| \| \| \| \|\| (4) \| \| \| \| \|\| of section 63 \| to two lakh rupees \| officer \| \| \|\| 30 \| \| \| \| \|\| 19 \| if any person contravenes \| 66 \| \| \|\| (2) \| \| \| \| \|\| imprisonment which \| court \| \| \| \|\| sub-section \| \| \| \| \|\| (2) \| \| \| \| \|\| of section 66 \| may extend to one year \| \| \| \|\| \| or fine which may \| \| \| \|\| extend to five lakh \| \| \| \| \|\| rupees, or both \| \| \| \| \|\| 35 \| \| \| \| \|\| 20 \| if any person contravenes \| 66 \| \| \|\| (3) \| \| \| \| \|\| fine which may extend \| principal \| \| \| \|\| sub-section \| \| \| \| \|\| (3) \| \| \| \| \|\| of section 66 \| to two lakh rupees, for \| officer \| \| \|\| every seafarer engaged \| \| \| \| \|\| in contravention to \| \| \| \| \|\| section 66 \| \| \| \| \|\| (3) \| \| \| \| \|\| 21 \| if any person,— \| \| \| \|\| 40 \| \| \| \| \|\| (i) \| \| \| \| \|\| is carried sea to work in \| 66 \| \| \| \|\| (5) \| \| \| \| \|\| fine which may extend \| principal \| \| \| \|\| contravention of \| to two lakh rupees for \| officer \| \| \|\| sub-section ( \| \| \| \| \|\| 5 \| \| \| \| \|\| ) of section 66,or \| every seafarer engaged in \| \| \| \|\| contravention to \| \| \| \| \|\| section 66 \| \| \| \| \|\| (5) \| \| \| \| \|\| \| \| \| \| \|\| 45 \| \| \| \| \|\| 50 \| \| \| \| \|\| (ii) \| \| \| \| \|\| is engaged to work in any \| fine which may extend \| principal \| \| \|\| capacity in a vessel in \| to fifty thousand rupees \| officer \| \| \|\| contravention of \| for every seafarer engaged \| \| \| \|\| sub-section \| \| \| \| \|\| (5) \| \| \| \| \|\| of section 66 on \| in contravention to \| \| \| \|\| a false representation by his \| section 66 \| \| \| \|\| (5) \| \| \| \| \|\| parent or guardian that the \| \| \| \| \|\| young person is of an age \| \| \| \| \|\| at which such engagement \| \| \| \| \|\| is not in contravention of \| \| \| \| \|\| that section \| \| \| \| \|\| (1) \| (2) \| (3) \| (4) \|\|-------------------------------\|------------------------------\|------------------------\|------------------\|\| 5 \| \| \| \|\| 22 \| if any person contravenes \| 66 \| \|\| (6) \| \| \| \|\| fine which may extend \| principal \| \| \|\| sub-section \| \| \| \|\| (6) \| \| \| \|\| of section 66 \| to two lakh rupees for \| officer \| \|\| every seafarer engaged \| \| \| \|\| in contravention to \| \| \| \|\| section 66 \| \| \| \|\| (6) \| \| \| \|\| 10 \| \| \| \|\| 23 \| if any person contravenes \| 66 \| \|\| (7) \| \| \| \|\| fine which may extend \| principal \| \| \|\| sub-section \| \| \| \|\| (7) \| \| \| \|\| of section 66 \| to two lakh rupees for \| officer \| \|\| every seafarer engaged \| \| \| \|\| in contravention to \| \| \| \|\| section 66 \| \| \| \|\| (7) \| \| \| \|\| 15 \| \| \| \|\| 24 \| if any person contravenes \| 66 \| \|\| (8) \| \| \| \|\| fine which may extend to \| principal \| \| \|\| sub-section \| \| \| \|\| (8) \| \| \| \|\| of \| two lakh rupees for every \| officer \| \|\| section 66 \| seafarer in respect of whom \| \| \|\| the offence is committed \| \| \| \|\| 25 \| if any person contravenes \| 66 \| \|\| (9) \| \| \| \|\| fine which may extend \| principal \| \| \|\| of sub-section \| \| \| \|\| (9) \| \| \| \|\| of \| to two lakh rupees for \| officer \| \|\| section 66 \| every offence \| \| \|\| 20 \| \| \| \|\| 26 \| if a master, owner or his \| 67 \| \|\| (1) \| \| \| \|\| fine which may extend to \| principal \| \| \|\| agent carries any seafarer to \| fifty thousand rupees for \| officer \| \|\| sea in contravention \| every seafarer in respect \| \| \|\| sub-section \| \| \| \|\| (1) \| \| \| \|\| of section 67 \| of whom the offence is \| \| \|\| committed \| \| \| \|\| 27 \| if any person,— \| \| \|\| 25 \| \| \| \|\| (a) \| \| \| \|\| forges or fraudulently \| general \| imprisonment which may \| court \|\| alters any certificate of \| extend to six months or \| \| \|\| discharge or a certificate as \| fine which may extend \| \| \|\| to the work of a seafarer or \| to two lakh, rupees, or \| \| \|\| a continuous discharge \| both \| \| \|\| certificate or a copy of \| \| \| \|\| any such certificate; or \| \| \| \|\| 30 \| \| \| \|\| 35 \| \| \| \|\| (b) \| \| \| \|\| fraudulently uses any \| \| \| \|\| certificate of discharge or a \| \| \| \|\| certificate as to the work of \| \| \| \|\| a seafarer or a continuous \| \| \| \|\| discharge certificate or a \| \| \| \|\| copy of any such certificate \| \| \| \|\| which is forged or altered or \| \| \| \|\| does not belong to him \| \| \| \|\| 40 \| \| \| \|\| 28 \| if a master or owner acts in \| 73 \| \|\| (2) \| \| \| \|\| fine which may extend \| principal \| \| \|\| contravention \| to one lakh rupees \| officer \| \|\| sub-section \| \| \| \|\| (2) \| \| \| \|\| of section 73 \| \| \| \|\| 29 \| if any master acts in \| 73 \| \|\| (5) \| \| \| \|\| fine which may extend \| principal \| \| \|\| contravention \| to fifty thousand rupees \| officer \| \|\| sub-section \| \| \| \|\| (5) \| \| \| \|\| of section 73 \| \| \| \|\| (1) \| (2) \| (3) \| (4) \| (5) \|\|--------------------------------\|------------------------------\|------------------------------------\|------------------------------------\|--------------\|\| 5 \| \| \| \| \|\| 10 \| \| \| \| \|\| 30 \| if a master fails to comply \| 74 \| fine which may extend \| principal \|\| with the provisions of this \| to three times the value \| officer \| \| \|\| act with respect to taking \| of the property not \| \| \| \|\| charge of the property or \| accounted for or if such \| \| \| \|\| to making in the official \| value is not ascertained, \| \| \| \|\| logbook the proper entries \| to twenty thousand \| \| \| \|\| relating thereto or to the \| rupees \| \| \| \|\| payment or delivery of \| \| \| \| \|\| such property as required \| \| \| \| \|\| under section 74 \| \| \| \| \|\| 15 \| \| \| \| \|\| 31 \| if any person fails, without \| 78 \| fine which may extend \| principal \|\| reasonable cause, to comply \| to twenty five thousand \| officer \| \| \|\| with any requisition under \| rupees \| \| \| \|\| section 78 \| \| \| \| \|\| 20 \| \| \| \| \|\| 32 \| if any person commits a \| 83 \| \| \|\| (9) \| \| \| \| \|\| imprisonment which may \| court \| \| \| \|\| breach of any term of any \| extend to one month, or \| \| \| \|\| award which is binding \| fine which may extend \| \| \| \|\| on him under \| to two lakh rupees, or \| \| \| \|\| sub-section ( \| \| \| \| \|\| 9 \| \| \| \| \|\| ) of section 83 \| both \| \| \| \|\| 25 \| \| \| \| \|\| 33 \| if a seafarer contravenes \| 83 \| \| \|\| (14) \| \| \| \| \|\| \| \| \| \| \|\| (a) \| \| \| \| \|\| ; imprisonment which may \| court \| \| \| \|\| clause \| \| \| \| \|\| (a) \| \| \| \| \|\| , \| 83 \| \| \| \|\| (14)(b) \| \| \| \| \|\| extend to one month, or \| \| \| \| \|\| or an owner contravenes \| fine which may extend to \| \| \| \|\| clause \| \| \| \| \|\| (b) \| \| \| \| \|\| , \| fifty thousand rupees, \| \| \| \|\| of sub-section ( \| \| \| \| \|\| 14 \| \| \| \| \|\| ) of \| or both \| \| \| \|\| section 83 \| \| \| \| \|\| 30 \| \| \| \| \|\| 34 \| \| \| \| \|\| (a) \| \| \| \| \|\| if any requirement \| 88 \| fine which may extend to principal \| \| \|\| under section 88 is not \| fifty thousand rupees \| officer \| \| \|\| complied within the \| unless he can prove that \| \| \| \|\| case of any vessel; or \| the non-compliance was \| \| \| \|\| not caused by his \| \| \| \| \|\| in attention, neglect or \| \| \| \| \|\| wilful default; \| \| \| \| \|\| 35 \| \| \| \| \|\| 40 \| \| \| \| \|\| (b) \| \| \| \| \|\| if any person obstruct the 88 \| fine which may extend \| principal \| \| \|\| shipping master, survey or \| to fifty thousand rupees \| officer \| \| \|\| or seafarer welfare officer, \| unless he can prove \| \| \| \|\| indian consular officer or any \| that the obstruction was \| \| \| \|\| other officer at any port in \| caused without his \| \| \| \|\| the discharge of his duty \| knowledge or connivance \| \| \| \|\| under section 88 \| \| \| \| \|\| 35 \| if a master fails, without \| 90 \| fine which may extend to principal \| \|\| reasonable cause, to \| fifty thousand rupees \| officer \| \| \|\| comply with section 90 \| \| \| \| \|\| 45 \| \| \| \| \|\| 36 \| if any person goes on \| 92 \| fine which may extend to principal \| \|\| board a vessel contrary \| fifty thousand rupees \| officer \| \| \|\| to section 92 \| \| \| \| \|\| 50 \| \| \| \| \|\| 37 \| if a master or seafarer \| 93 \| imprisonment which may \| court \|\| contravenes section 93 \| extend to two years or \| \| \| \|\| fine which may extend \| \| \| \| \|\| to five lakh rupees \| \| \| \| \|\| (1) \| (2) \| (3) \|\|------------------------------\|-------------------------\|---------\|\| 5 \| \| \|\| 10 \| \| \|\| 15 \| \| \|\| 20 \| \| \|\| 38 \| if a seafarer,— \| 94 \|\| (1) \| \| \|\| \| \| \|\| (a) \| \| \|\| he shall be liable to \| principal \| \|\| (a) \| \| \|\| deserts his vessel \| forfeit all or any part \| officer \|\| under clause \| \| \|\| (a) \| \| \|\| of \| of the property leaves \| \|\| sub-section \| \| \|\| (1) \| \| \|\| of \| on board and of the \| \|\| section 94; \| wages has then earned \| \|\| and also if the desertion \| \| \|\| takes place at any place \| \| \|\| not in india, to forfeit \| \| \|\| all or any part of the \| \| \|\| wages which earn in \| \| \|\| any other vessel in \| \| \|\| which employed until \| \| \|\| next return to india, \| \| \|\| and to satisfy any \| \| \|\| excess of wages paid \| \| \|\| by the master or owner \| \| \|\| of the vessel from which \| \| \|\| deserts to any substitute \| \| \|\| engaged in his place at a \| \| \|\| higher rate of wages \| \| \|\| than the rate stipulated \| \| \|\| to be paid to him \| \| \|\| 25 \| \| \|\| 30 \| \| \|\| 35 \| \| \|\| (b) \| \| \|\| contravenes clause \| \| \|\| (b) \| \| \|\| 94 ( \| \| \|\| 1 \| \| \|\| ) ( \| \| \|\| b \| \| \|\| ) he shall, if the \| principal \| \|\| of sub-section \| \| \|\| (1) \| \| \|\| of \| contravention does not \| officer \|\| section 94 \| amount to desertion, be \| \|\| liable to forfeit out of his \| \| \|\| wages a sum not \| \| \|\| exceeding two days pay \| \| \|\| and in addition for every \| \| \|\| twenty-four hours of \| \| \|\| absence either a sum not \| \| \|\| exceeding six days' pay or \| \| \|\| any expenses properly \| \| \|\| incurred in hiring a \| \| \|\| substitute \| \| \|\| 39 \| if a seafarer is guilty \| \|\| of the offence specified \| \| \|\| in,— \| \| \|\| 40 \| \| \|\| (i) \| \| \|\| clause \| \| \|\| (a) \| \| \|\| of section 95; \| 95 \| \|\| (a) \| \| \|\| forfeiture out of his \| principal \| \|\| wages of a sum not \| officer \| \|\| exceeding one month's \| \| \|\| pay; \| \| \|\| 45 \| \| \|\| (ii) \| \| \|\| clause \| \| \|\| (b) \| \| \|\| of section 95; \| 95 \| \|\| (b) \| \| \|\| forfeiture out of his \| principal \| \|\| wages of a sum not \| officer \| \|\| exceeding two days' \| \| \|\| pay; \| \| \|\| (1) \| (2) \| (3) \| (4) \| (5) \|\|-----------------------------\|-------------------------------\|---------\|-----------------------\|------------\|\| 5 \| \| \| \| \|\| 10 \| \| \| \| \|\| (iii) \| \| \| \| \|\| clause \| \| \| \| \|\| (c) \| \| \| \| \|\| of section 95; \| 95 \| \| \| \|\| (c) \| \| \| \| \|\| imprisonment which \| court \| \| \| \|\| may extend to one month \| \| \| \| \|\| and also for every \| \| \| \| \|\| twenty-four hours of \| \| \| \| \|\| continuance of such \| \| \| \| \|\| disobedience or neglect, \| \| \| \| \|\| forfeiture out of his wages \| \| \| \| \|\| of a sum not exceeding six \| \| \| \| \|\| days' \| pay \| or \| any \| \|\| expenses which may have \| \| \| \| \|\| been properly incurred in \| \| \| \| \|\| hiring a substitute; \| \| \| \| \|\| 15 \| \| \| \| \|\| (iv) \| \| \| \| \|\| clauses \| \| \| \| \|\| (d) \| \| \| \| \|\| and \| \| \| \| \|\| (e) \| \| \| \| \|\| of \| 95 \| \| \| \|\| (d) \| \| \| \| \|\| imprisonment which may \| court \| \| \| \|\| section 95; \| and 95 \| \| \| \|\| (e) \| \| \| \| \|\| extend to three months, \| \| \| \| \|\| or fine of fifty thousand \| \| \| \| \|\| rupees which may \| \| \| \| \|\| extend to one month's \| \| \| \| \|\| pay or both; \| \| \| \| \|\| 20 \| \| \| \| \|\| 25 \| \| \| \| \|\| (v) \| \| \| \| \|\| clause \| \| \| \| \|\| (f) \| \| \| \| \|\| of section 95; \| 95 \| \| \| \|\| (f) \| \| \| \| \|\| forfeiture out of his \| court \| \| \| \|\| wages of a sum equal \| \| \| \| \|\| to the loss sustained \| \| \| \| \|\| and also imprisonment \| \| \| \| \|\| which may extend to \| \| \| \| \|\| three months; \| \| \| \| \|\| 30 \| \| \| \| \|\| (vi) \| \| \| \| \|\| clause \| \| \| \| \|\| (g) \| \| \| \| \|\| of section 95 \| 95 \| \| \| \|\| (g) \| \| \| \| \|\| fine which may extend \| principal \| \| \| \|\| to one lakh rupees but \| officer \| \| \| \|\| nothing herein shall take \| \| \| \| \|\| away or limit any other \| \| \| \| \|\| remedy which any person \| \| \| \| \|\| would otherwise have for \| \| \| \| \|\| breach of contract or \| \| \| \| \|\| refund \| of \| money \| \| \|\| advanced or otherwise \| \| \| \| \|\| 35 \| \| \| \| \|\| 40 \| if any master fails to comply \| 98 \| fine which may extend \| principal \|\| with section 98 \| to one lakh rupees, or \| officer \| \| \|\| both \| \| \| \| \|\| 40 \| \| \| \| \|\| 45 \| \| \| \| \|\| 41 \| if a seafarer on or before \| general \| fine which may extend \| principal \|\| being engaged wilfully \| to fifty thousand \| officer \| \| \|\| and fraudulently makes \| rupees \| \| \| \|\| a false statement of the \| \| \| \| \|\| name of his last vessel \| \| \| \| \|\| or alleged last vessel or \| \| \| \| \|\| wilfully and fraudulently \| \| \| \| \|\| makes a false statement \| \| \| \| \|\| of his own name \| \| \| \| \|\| 42 \| if any person contravenes,— \| \| \| \|\| (a) \| \| \| \| \|\| sub-section \| \| \| \| \|\| (1) \| \| \| \| \|\| of \| 104 \| \| \| \|\| (1) \| \| \| \| \|\| fine which may extend \| principal \| \| \| \|\| section 104; \| to two lakh rupees \| officer \| \| \|\| (1) \| (2) \| (3) \| (4) \| (5) \|\|-----------------------------\|------------------------------\|---------\|--------------------------\|------------\|\| (b) \| \| \| \| \|\| sub-section \| \| \| \| \|\| (2) \| \| \| \| \|\| of \| 104 \| \| \| \|\| (2) \| \| \| \| \|\| fine which may extend \| principal \| \| \| \|\| section 104 \| to two lakh rupees \| officer \| \| \|\| 5 \| \| \| \| \|\| 43 \| if any person goes to \| 105 \| \| \|\| (1) \| \| \| \| \|\| imprisonment which \| court \| \| \| \|\| sea in a vessel contrary \| may extend to one \| \| \| \|\| to sub-section \| \| \| \| \|\| (1) \| \| \| \| \|\| of \| month, or fine which \| \| \| \|\| section 105 \| may extend to one lakh \| \| \| \|\| rupees, or both \| \| \| \| \|\| 10 \| \| \| \| \|\| 44 \| if a master fails to deliver \| 106 \| fine which may extend \| principal \|\| the documents referred \| to fifty thousand rupees \| officer \| \| \|\| to in sub-section \| \| \| \| \|\| (1) \| \| \| \| \|\| of \| \| \| \| \|\| section 106 \| \| \| \| \|\| 15 \| \| \| \| \|\| 45 \| if any person harbours \| general \| fine which may extend \| principal \|\| or secretes any deserter \| to fifty thousand rupees \| officer \| \| \|\| knowing or having reason \| \| \| \| \|\| to believe that he has \| \| \| \| \|\| deserted \| \| \| \| \|\| 20 \| \| \| \| \|\| 25 \| \| \| \| \|\| 46 \| if any person wilfully \| general \| imprisonment which may \| court \|\| destroys or mutilates or \| extend to one year \| \| \| \|\| renders illegible any entry \| \| \| \| \|\| in any official logbook \| \| \| \| \|\| or wilfully makes \| \| \| \| \|\| or procures to be made \| \| \| \| \|\| or assists in making a \| \| \| \| \|\| false or fraudulent entry \| \| \| \| \|\| in or omission from an \| \| \| \| \|\| official logbook \| \| \| \| \|\| 30 \| \| \| \| \|\| 47 \| if the vessel contravenes \| 112 \| the owner or master of \| principal \|\| section 112 \| the vessel shall be liable \| officer \| \| \|\| to fine which may extend \| \| \| \| \|\| to fifteen lakh rupees \| \| \| \| \|\| and the vessel may also \| \| \| \| \|\| be detained \| \| \| \| \|\| 48 \| if the master fails, without \| \| \| \|\| reasonable cause,— \| \| \| \| \|\| 35 \| \| \| \| \|\| (a) \| \| \| \| \|\| to comply with sub- \| 113 \| \| \| \|\| (1) \| \| \| \| \|\| fine which may extend to \| principal \| \| \| \|\| section \| \| \| \| \|\| (1) \| \| \| \| \|\| of section 113; \| fifty thousand rupees \| officer \| \| \|\| (b) \| \| \| \| \|\| to comply with \| 113 \| \| \| \|\| (2) \| \| \| \| \|\| fine which may extend \| principal \| \| \| \|\| sub-section \| \| \| \| \|\| (2) \| \| \| \| \|\| of section 113 \| to two lakh rupees \| officer \| \| \|\| 40 \| \| \| \| \|\| 49 \| if any person contravenes \| 116 \| fine which may extend \| principal \|\| section 116 \| to fifteen lakh rupees \| officer \| \| \|\| and the vessel may also \| \| \| \| \|\| be detained \| \| \| \| \|\| 45 \| \| \| \| \|\| 50 \| if any vessel proceeds or \| 117 \| the master of the vessel \| principal \|\| attempts to proceed to sea \| shall be liable to fine \| officer \| \| \|\| without carrying on board \| which may extend to \| \| \| \|\| the information required \| one lakh rupees \| \| \| \|\| by section 117 \| \| \| \| \|\| (1) \| (2) \| (3) \| (4) \| (5) \|\|-----------------------------\|------------------------------------\|---------------------------\|-------------------------\|------------\|\| 5 \| \| \| \| \|\| 10 \| \| \| \| \|\| 15 \| \| \| \| \|\| 20 \| \| \| \| \|\| 51 \| if an vessel other than a \| 118 \| \| \|\| (1) \| \| \| \| \|\| the master or owner of \| principal \| \| \| \|\| vessel exempted under \| the vessel shall be liable \| officer \| \| \|\| part vi is loaded in \| to fine which may extend \| \| \| \|\| contravention of \| to four lakh rupees and \| \| \| \|\| sub-section \| \| \| \| \|\| (1) \| \| \| \| \|\| of section 118 \| to such additional fine \| \| \| \|\| not exceeding twenty-five \| \| \| \| \|\| thousand rupees for \| \| \| \| \|\| every inch or fraction of \| \| \| \| \|\| an inch by which the \| \| \| \| \|\| appropriate load lines on \| \| \| \| \|\| each side of the vessel \| \| \| \| \|\| are submerged or would \| \| \| \| \|\| have been submerged if \| \| \| \| \|\| the vessel had been in salt \| \| \| \| \|\| waters and had no list, as \| \| \| \| \|\| the principal officer \| \| \| \| \|\| thinks fit to impose, \| \| \| \| \|\| having regard to the \| \| \| \| \|\| extent to which the \| \| \| \| \|\| earning capacity of the \| \| \| \| \|\| vessel is or would have \| \| \| \| \|\| been increased by reason \| \| \| \| \|\| of the submersion: \| \| \| \| \|\| 25 \| \| \| \| \|\| 30 \| \| \| \| \|\| 35 \| \| \| \| \|\| provided that it shall be \| \| \| \| \|\| a good defence for the \| \| \| \| \|\| master or owner to prove \| \| \| \| \|\| that a contravention was \| \| \| \| \|\| due solely to deviation or \| \| \| \| \|\| delay caused solely by \| \| \| \| \|\| stress of whether or other \| \| \| \| \|\| circumstance \| which \| \| \| \|\| neither the master nor the \| \| \| \| \|\| owner nor the charterer, if \| \| \| \| \|\| any, could have prevented \| \| \| \| \|\| or forestalled \| \| \| \| \|\| 52 \| if a vessel carries passengers 119 \| the owner or master shall \| principal \| \|\| in contravention of \| be liable to fine which may \| officer \| \| \|\| section 119 \| extend to two lakh rupees \| \| \| \|\| 40 \| \| \| \| \|\| 45 \| \| \| \| \|\| 50 \| \| \| \| \|\| 53 \| if the master owner or \| general \| imprisonment for a term \| court \|\| agent of a special general \| which may extend to six \| \| \| \|\| trade passenger vessel, \| months, or fine which \| \| \| \|\| after having obtained \| may extend to fifty \| \| \| \|\| any of the certificates \| thousand rupees, or both \| \| \| \|\| referred to in part vi, \| \| \| \| \|\| fraudulently does or \| \| \| \| \|\| suffers to be done anything \| \| \| \| \|\| whereby the certificate \| \| \| \| \|\| becomes inapplicable to \| \| \| \| \|\| the altered state of the \| \| \| \| \|\| vessel, or special trade \| \| \| \| \|\| passengers other matters \| \| \| \| \|\| to which the certificate \| \| \| \| \|\| relates \| \| \| \| \|\| (1) \| (2) \| (3) \| (4) \| (5) \|\|-----------------------------\|-----------------------------\|------------------------\|--------------------------\|------------\|\| 5 \| \| \| \| \|\| 54 \| if any person contravenes \| 120 \| fine which may extend \| principal \|\| section 120 \| to fifteen lakh rupees \| officer \| \| \|\| and the vessel may \| \| \| \| \|\| also be detained \| \| \| \| \|\| 55 \| if any person is guilty of \| 121 \| \| \|\| (1) \| \| \| \| \|\| fine which may extend \| court \| \| \| \|\| an offence under sub- \| fifty thousand rupees \| \| \| \|\| section \| \| \| \| \|\| (1) \| \| \| \| \|\| of section 121 \| \| \| \| \|\| 10 \| \| \| \| \|\| 56 \| if any person is guilty of \| 122 \| \| \|\| (1) \| \| \| \| \|\| or imprisonment which may \| court \| \| \| \|\| an offence under sub- \| 122 \| \| \| \|\| (2) \| \| \| \| \|\| extend to six months, or \| \| \| \| \|\| section \| \| \| \| \|\| (1) \| \| \| \| \|\| or sub-section \| fine which may extend \| \| \| \|\| (2) \| \| \| \| \|\| of section 122 \| to two lakhs rupees, or \| \| \| \|\| both \| \| \| \| \|\| 15 \| \| \| \| \|\| 57 \| if a person sends or \| 123 \| imprisonment which may \| court \|\| attempts to send a \| extend to one year, or \| \| \| \|\| vessel in contravention \| fine which may extend \| \| \| \|\| of section 123 \| to two lakhs rupees, \| \| \| \|\| or both \| \| \| \| \|\| 20 \| \| \| \| \|\| 58 \| if any owner causes a \| 124 \| imprisonment which may \| court \|\| vessel to proceed to sea \| extend to one year, or fine \| \| \| \|\| in unseaworthy condition \| which may extend to two \| \| \| \|\| in contravention of \| lakhs rupees, or both \| \| \| \|\| section 124 \| \| \| \| \|\| 25 \| \| \| \| \|\| 59 \| if oil or oily mixture or \| 131 \| \| \|\| any other polluting \| \| \| \| \|\| substance is discharged \| \| \| \| \|\| in contravention of \| \| \| \| \|\| section 131,— \| \| \| \| \|\| 30 \| \| \| \| \|\| \| \| \| \| \|\| (a) \| \| \| \| \|\| where such discharge \| 131 \| imprisonment which may \| court \| \|\| is made from an indian \| extend to six months and \| \| \| \|\| tanker anywhere into the \| the owner or master of the \| \| \| \|\| sea; \| tanker shall be liable to \| \| \| \|\| fine which may extend to \| \| \| \| \|\| twenty five lakh rupees \| \| \| \| \|\| 35 \| \| \| \| \|\| \| \| \| \| \|\| (b) \| \| \| \| \|\| where such discharge \| 131 \| fine which may extend \| principal \| \|\| is made from foreign tanker \| to twenty five lakh \| officer \| \| \|\| anywhere within the coastal \| rupees \| \| \| \|\| waters of india \| \| \| \| \|\| 40 \| \| \| \| \|\| 60 \| if any person contravenes \| 133 \| fine which may extend to \| principal \|\| section 133 \| fifteen lakh rupees and \| officer \| \| \|\| the vessel may also be \| \| \| \| \|\| detained \| \| \| \| \|\| 45 \| \| \| \| \|\| 61 \| if the master of a vessel \| 134 \| fine which may extend to \| principal \|\| fails to maintain records \| fifty thousand rupees \| officer \| \| \|\| as required by section 134 \| \| \| \| \|\| or contravenes any rule \| \| \| \| \|\| made under that section \| \| \| \| \|\| (1) \| (2) \| (3) \| (4) \| (5) \|\|-------------------------------\|-----------------------------\|---------\|--------------------------\|------------\|\| 5 \| \| \| \| \|\| 62 \| if the master of an indian \| 136 \| fine which may extend \| principal \|\| vessel or any person fails \| to one lakh and fifty \| officer \| \| \|\| to comply with the rules \| thousand rupees \| \| \| \|\| made or measure taken \| \| \| \| \|\| under section 136 \| \| \| \| \|\| 10 \| \| \| \| \|\| 15 \| \| \| \| \|\| 20 \| \| \| \| \|\| 63 \| if owner of any indian \| 137 \| the offender shall be \| court \|\| vessel, fails to comply \| liable to penalty of \| \| \| \|\| with any order issued \| imprisonment which \| \| \| \|\| under section 137 \| may extend to six months \| \| \| \|\| or fine which may extend \| \| \| \| \|\| to five lakh rupees, or \| \| \| \| \|\| both and if the offence is \| \| \| \| \|\| a continuing one, the \| \| \| \| \|\| offender shall be liable to \| \| \| \| \|\| a further fine which may \| \| \| \| \|\| extend to fifty thousand \| \| \| \| \|\| rupees per day for every \| \| \| \| \|\| day during which the \| \| \| \| \|\| offence continues after \| \| \| \| \|\| conviction \| \| \| \| \|\| 25 \| \| \| \| \|\| 64 \| if any person fails to \| 140 \| fine which may extend to \| principal \|\| posses the certificates \| fifteen lakh rupees and the \| officer \| \| \|\| as required under \| vessel may also be \| \| \| \|\| section 140 \| detained \| \| \| \|\| 65 \| if the master of a ship \| 193 \| fine which may extend to \| principal \|\| contravenes sub- \| fifteen lakh rupees and \| officer \| \| \|\| section \| \| \| \| \|\| (1) \| \| \| \| \|\| of section 193 \| the vessel may also be \| \| \| \|\| detained \| \| \| \| \|\| 30 \| \| \| \| \|\| 35 \| \| \| \| \|\| 66 \| if any person fails to \| 207 \| \| \|\| (2) \| \| \| \| \|\| fine which may extend \| court \| \| \| \|\| give notice under sub- \| to fifty thousand rupees \| \| \| \|\| section \| \| \| \| \|\| (2) \| \| \| \| \|\| of section 207 \| and in default of \| \| \| \|\| payments, simple \| \| \| \| \|\| imprisonment which \| \| \| \| \|\| may extend to three \| \| \| \| \|\| months \| \| \| \| \|\| 40 \| \| \| \| \|\| 67 \| if any person fails to \| 214 \| \| \|\| (1) \| \| \| \| \|\| ; \| fine which may extend to \| court \| \| \|\| report under sub-section \| 214 \| \| \| \|\| (2) \| \| \| \| \|\| ; \| fifty thousand rupees and \| \| \| \|\| (1) \| \| \| \| \|\| or sub-section \| \| \| \| \|\| (2) \| \| \| \| \|\| 214 \| \| \| \| \|\| (3) \| \| \| \| \|\| \| in default of payments, \| \| \| \|\| or sub-section \| \| \| \| \|\| (3) \| \| \| \| \|\| of \| simple imprisonment which \| \| \| \|\| section 214 \| may extend to three months \| \| \| \|\| 45 \| \| \| \| \|\| 68 \| if any person contravenes \| 216 \| \| \|\| (2) \| \| \| \| \|\| fine which may extend to \| court \| \| \| \|\| sub-section \| \| \| \| \|\| (2) \| \| \| \| \|\| of section \| two lakh rupees and in \| \| \| \|\| 216 \| default of payment, simple \| \| \| \|\| imprisonment which may \| \| \| \| \|\| extend to six months \| \| \| \| \|\| 50 \| \| \| \| \|\| 69 \| if any person contravenes \| 240 \| \| \|\| (1) \| \| \| \| \|\| or \| imprisonment which may \| court \| \| \|\| sub section \| \| \| \| \|\| (1) \| \| \| \| \|\| or sub- \| 240 \| \| \| \|\| (2) \| \| \| \| \|\| extend to six months, or fine \| \| \| \| \|\| section \| \| \| \| \|\| (2) \| \| \| \| \|\| of section 240 \| which may extend to ten \| \| \| \|\| lakh rupees, or both and the \| \| \| \| \|\| vessel may also be detained \| \| \| \| \|\| (1) \| (2) \| (3) \|\|-----------------------------\|-------------------------------\|---------\|\| 5 \| \| \|\| 70 \| if any person to whom \| 240 \|\| (5) \| \| \|\| fine which may extend to \| principal \| \|\| a licence under sub-section \| five lakh rupees and the \| officer \|\| (1) \| \| \|\| or sub-section \| \| \|\| (2) \| \| \|\| of \| vessel may also be \| \|\| section 240 has been \| detained \| \|\| granted fails to comply \| \| \|\| with the conditions under \| \| \|\| sub-section \| \| \|\| (5) \| \| \|\| of section \| \| \|\| 240 \| \| \|\| 10 \| \| \|\| 15 \| \| \|\| 20 \| \| \|\| 25 \| \| \|\| 71 \| \| \|\| (a) \| \| \|\| if any directions given \| 243 \| \|\| (1) \| \| \|\| imprisonment which may \| court \| \|\| under sub-section \| \| \|\| (1) \| \| \|\| of \| extend to six months, or \| \|\| section 243 are not \| fine which may extend to \| \|\| complied with; \| fifty thousand rupees, or \| \|\| or \| both \| \|\| (b) \| \| \|\| if the owner, master or \| 243 \| \|\| (2) \| \| \|\| imprisonment which may \| court \| \|\| agent on whom a notice \| extend to six months, or \| \|\| has been served under \| fine which may extend to \| \|\| sub-section \| \| \|\| (2) \| \| \|\| of section \| fifty thousand rupees, or \| \|\| 243 fails to furnish the \| both \| \|\| information required within \| \| \|\| the time specified or \| \| \|\| furnishing the information \| \| \|\| makes any statement \| \| \|\| which he knows to be \| \| \|\| false on any material \| \| \|\| particular \| \| \|\| 72 \| if any person contravenes \| 244 \|\| (3) \| \| \|\| imprisonment which may \| court \| \|\| sub-section \| \| \|\| (3) \| \| \|\| of section \| extend to six months, or fine \| \|\| 244 \| which may extend to fifty \| \|\| thousand rupees, or both \| \| \|\| 30 \| \| \|\| 73 \| if an owner contravenes \| 248 \|\| (2) \| \| \|\| fine which may extend to \| principal \| \|\| sub-section \| \| \|\| (2) \| \| \|\| of section \| one lakh rupees and the \| officer \|\| 248 \| vessel may also be \| \|\| detained \| \| \|\| 35 \| \| \|\| 74 \| if any person contravenes \| 249 \|\| (1) \| \| \|\| fine which may extend to \| principal \| \|\| sub-section \| \| \|\| (1) \| \| \|\| of section \| one lakh rupees and the \| officer \|\| 249 \| vessel may also be \| \|\| detained \| \| \|\| 40 \| \| \|\| 75 \| if the owner, master, tindal \| 250 \|\| (1) \| \| \|\| fine which may extend to \| principal \| \|\| or skipper fails to comply \| fifty thousand rupees \| officer \|\| with sub-section \| \| \|\| (1) \| \| \|\| of \| \| \|\| section 250 \| \| \|\| 45 \| \| \|\| 76 \| if the owner, master, tindal \| 251 \|\| (1) \| \| \|\| imprisonment which may \| court \| \|\| or skipper fails to comply \| extend to three months, or \| \|\| with sub-section \| \| \|\| (1) \| \| \|\| of \| fine which may extend to \| \|\| section 251 \| fifty thousand rupees, \| \|\| or both \| \| \|\| 50 \| \| \|\| 77 \| \| \|\| (a) \| \| \|\| if any person is guilty \| 263 \| \|\| (2) \| \| \|\| imprisonment which may \| court \| \|\| of an offence under sub- \| extend to six months, or fine \| \|\| section \| \| \|\| (2) \| \| \|\| of section 263 \| which may extend to two \| \|\| lakh rupees, or both \| \| \|\| (1) \| (2) \| (3) \| (4) \| (5) \|\|-----------------------------------------------------------------------------------------------\|----------------------------\|---------\|-----------------------\|------------\|\| 5 \| \| \| \| \|\| (b) \| \| \| \| \|\| if the owner, master or \| 263 \| \| \| \|\| (3) \| \| \| \| \|\| fine which may extend \| court \| \| \| \|\| his agent of vessel is guilty \| to two lakh rupees \| \| \| \|\| of an offence under sub- \| \| \| \| \|\| section \| \| \| \| \|\| (3) \| \| \| \| \|\| of section 263 \| \| \| \| \|\| 78 \| if any person acts in \| 270 \| \| \|\| (2) \| \| \| \| \|\| fine which may extend to \| principal \| \| \| \|\| contravention of sub- \| fifty thousand rupees \| officer \| \| \|\| section \| \| \| \| \|\| (2) \| \| \| \| \|\| of section 270 \| \| \| \| \|\| 10 \| \| \| \| \|\| 79 \| if any person contravenes \| 272 \| \| \|\| (2) \| \| \| \| \|\| fine which may extend \| principal \| \| \| \|\| security measures under \| to five lakh rupees and \| officer \| \| \|\| sub-section \| \| \| \| \|\| (2) \| \| \| \| \|\| of section \| the vessel may also be \| \| \| \|\| 272 \| detained \| \| \| \|\| 15 \| \| \| \| \|\| 80 \| if any person is guilty of \| 274 \| \| \|\| (2) \| \| \| \| \|\| fine which may extend \| principal \| \| \| \|\| an offence under sub- \| to one lakh rupees \| officer \| \| \|\| section \| \| \| \| \|\| (2) \| \| \| \| \|\| of section 274 \| \| \| \| \|\| 81 \| if any vessel is detained \| general \| fine which may extend \| principal \|\| under the provisions of \| to fifteen lakh rupees \| officer \| \| \|\| this act for which no fine \| \| \| \| \|\| is provided \| \| \| \| \|\| 20 \| \| \| \| \|\| place of trial \| \| \| \| \|\| and \| \| \| \| \|\| jurisdiction of \| \| \| \| \|\| court \| \| \| \| \|\| 257 \| \| \| \| \|\| any person committing any offence under this act or any rules made thereunder, \| \| \| \| \|\| may be tried for such offence before any place in which he may be found, or in any court \| \| \| \| \|\| which the central government may, by notification, direct in this behalf, or in any court in \| \| \| \| \|\| which he might be tried in any other law for time being in force \| \| \| \| \|\| 2 of 1974 \| \| \| \| \|\| 25 \| \| \| \| \|\| special \| \| \| \| \|\| provision \| \| \| \| \|\| regarding \| \| \| \| \|\| punishment \| \| \| \| \|\| 258 \| \| \| \| \|\| notwithstanding anything contained in section 29 of the code of criminal \| \| \| \| \|\| procedure, 1973, it shall be lawful for a metropolitan magistrate or a judicial magistrate of \| \| \| \| \|\| the first class to pass any sentence authorised by or under this act on any person convicted \| \| \| \| \|\| of an offence under this act or any rules made thereunder \| \| \| \| \|\| cognizance of \| \| \| \| \|\| offence \| \| \| \| \|\| 30 \| \| \| \| \|\| 259 \| \| \| \| \|\| the penalties to which the masters or owners of special trade passenger vessels \| \| \| \| \|\| are made liable by section 256 shall be enforced only on a report made by the proper officer \| \| \| \| \|\| in this behalf \| \| \| \| \|\| offences by \| \| \| \| \|\| companies \| \| \| \| \|\| 260 \| \| \| \| \|\| (1) \| \| \| \| \|\| if the person committing an offence under this act is a company, every person \| \| \| \| \|\| who, at the time the offence was committed, was in charge of, and was responsible to, the \| \| \| \| \|\| company for the conduct of its business, as well as the company, shall be deemed to be \| \| \| \| \|\| guilty of the offence and shall be liable to be proceeded against and punished accordingly: \| \| \| \| \|35provided that nothing in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence40(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary, or any other officer of the company, such director, manager, secretary, or other officer shall also be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation— for the purposes of this section,—45(a) "company" includes a co-operative society, a firm or other association of individuals; and(b) "director" in relation to a firm means a partner in the firm5depositions to be received in evidence when witness cannot be produced261 (1) whenever, in the course of any legal proceeding under this act instituted at any place in india before any court or metropolitan magistrate or a judicial magistrate of the first class or before any person authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject-matter, and the defendant or the person accused, as the case may be, after being allowed a reasonable opportunity for so doing, does not produce the witness before any court or metropolitan magistrate or a judicial magistrate of the first class or person so authorised, any deposition previously made by the witness in relation to the same subject-matter before any court or metropolitan magistrate or a judicial magistrate of the first class in any other place in india or, if elsewhere, before any indian consular officer, shall be admissible in evidence,—10(a) if the deposition is authenticated by the signature of the presiding officer of any court or metropolitan magistrate or a judicial magistrate of the first class or consular officer, before whom it is made;15(b) if the defendant or the person accused had an opportunity by himself or has agent of cross-examining the witness;(c) if the proceeding is criminal, on proof that the deposition was made in the presence of the person accused20(2) it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed such deposition, and a certificate by such person that the defendant or person accused had an opportunity of cross-examining the witness, and that the deposition, if made in a criminal proceeding, was made in the presence of the person accused, shall, unless the contrary is approved, be sufficient evidence that he had that opportunity and that it was so made25power to detain foreign vessel that has occasioned damage30262 (1) whenever any damage has in any part of the world been caused to property belonging to the government or to any citizen of india or a company by a vessel other than an indian vessel and at any time thereafter that vessel is found within indian jurisdiction, the high court may, upon the application of any person who alleges that the damage was caused by the misconduct or want of skill of the master or any member of the crew of the vessel, issue an order directed to any proper officer or other officer named in the order requiring him to detain the vessel until such time as the owner, master or coassignee thereof has satisfied any claim in respect of the damage or has given security to the satisfaction of the high court to pay all costs and damages that may be awarded in any legal proceeding that may be instituted in rest of the damage, and any officer to whom the order is directed shall detain the vessel accordingly35 40(2) whenever it appears that before an application can be made under this section, thevessel in respect of which the applications to be made will have departed from india or the territorial waters of india, any proper officer may detain the vessel for such time as to allow the application to be made and the result thereof to be communicated to the officer detaining the vessel, and that officer shall not be liable for any cost or damages in respect of the detention unless the same is proved to have been made without reasonable grounds(3) in any legal proceedings in relation to any such damage aforesaid, the person giving security shall be made a defendant and shall for the purposes of such proceeding be deemed to be the owner of the vessel that has occasioned the damage45power to enforce detention of vessel263 (1) where under this act a vessel is authorised or ordered to be detained, any commissioned officer of the indian navy or indian coast guard or any port officer, pilot, harbour master, conservator of port or customs collector may detain the vessel under instruction of the proper officer(2) if any vessel after detention or after service on the master for any notice of, or order for, such detention proceeds to sea before she is released by any competent authority, the master of the vessel shall be guilty of an offence under this sub-section505(3) when a vessel so proceeding to sea takes to sea, when on board thereof in the execution of his duty any person authorised under this act to detain or survey the vessel, the owner, master or agent of such vessel shall each be liable to pay all expenses of, and incidental to, such person being so taken to sea and shall also be guilty of an offence under this sub-section10(4) when any owner, or master or agent is convicted of an offence under sub-section (3), the convicting court or metropolitan magistrate or a judicial magistrate of the first class, as the case may be, may inquire it and determine the amount payable on account of expenses by such owner, master or agent under that sub-section and may direct that the same shall be recovered from him in the manner provided for the recovery of fineslevy of wages, etc, by distress of movable property or vessel15264 (1) when an order under this act for the payment of any wages or other sums of money is made by any court or metropolitan magistrate or a judicial magistrate of the first class or other officer or authority, and the money is not paid at the time or in the manner directed, the sum mentioned in the order with such further sum as may be thereby awarded for costs, may be levied by distress and sale of the movable property of the person directed to pay the same under a warrant to be issued for that purpose by such a court or metropolitan magistrate or a judicial magistrate of the first class20 25(2) where any court or metropolitan magistrate or a judicial magistrate of the first class or other officer or authority has power under this act to make an order directing payment to be made of any seafarer's wages, fines or other sums of money, then if the person so directed to pay the same is the master, owner or agent of a vessel and the same is not paid at the time or in the manner directed by the order of the court or metropolitan magistrate or a judicial magistrate of the first class, or other officer or authority may, in addition to any other power it may have for the purpose of compelling payment by warrant, direct the amount remaining unpaid to be levied by distress and sale of the vessel and her equipment30265 if any vessel other than an indian vessel is detained under this act, or if any proceeding is taken under this act against the master, owner or agent of any such vessel, notice shall forthwith be served on the consular officer of the country in which the vessel is registered, at or nearest to the port where the vessel is for the time being, and such notice shall specify the grounds on which the vessel has been detained or the proceedings have been takennotice to be given to consular representative of proceedings taken in respect of foreign vesselservice of documents266 where, for the purpose of this act, any document is to be served on any person, that document may be served,—35(a) in any case by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode, or by post;(b) if the document is to be served on the master of a vessel, where there is one, or a person belonging to a vessel, by leaving the same for him on board that vessel, with the person being or appearing to be in command or charge of the vessel; and40(c) if the document is to be served on the master of a vessel where there is no master and the vessel is in india, on the owner of the vessel, or, if such owner is not in india, in some agent of the owner residing in india, or, where no such agent is known or can be found, by serving a copy thereof to the master of the vessel or by affixing at a suitable place on the bridge part xv45 miscellaneous267 the master of any vessel performing a voyage shall, on arrival, at the next port or place of call, intimate the proper officer, the date of any birth or death of any person occurring during the voyage and the cause of death or any other relevant details, as the central government may, by order, specify in this behalfbirth and death of persons on board vessel during a voyage268 (1) if any person dies on board or is missing from an indian vessel, the master shall forthwith inform to the director-general, and the proper officer of the port or the next port of call5inquiry into cause of death on board or person missing from indian vessel(2) on receipt of information under sub-section (1), the proper officer shall enquire into the cause of death and make in the official log book an endorsement to that effect, either that the statement of the cause of death in the book is in his opinion true, or the contrary according to the result of inquiry10(3) if, in the course of any such inquiry, it appears to the proper officer that a death has been caused on board the vessel by violence or other improper means, he shall either report the matter to the director-general or, if the emergency of the case so requires, shall take immediate steps for bringing the offender to trial45 of 1860269 the following persons shall be deemed to be public servants within the meaning of section 21 of the indian penal code, namely:—(a) every surveyor;certainpersons deemed to be public servants15(b) every person appointed under this act to report information as to shippingcasualties under part x;(c) every person authorised under this act to make any investigation or inquiryand all persons whom he calls to his aid;(d) every person directed to make an investigation into an explosion or fire on avessel; and20(e) every other officer or person appointed under this act to perform any functionsthereunder270 (1) every person who is empowered by this act to make an investigation or inquiry or to board, survey, inspect or detain a vessel,—25power of persons authorised to investigate, inquire, etc30(a) may go on board any vessel and inspect the same or any part thereof, or anyof the machinery, equipment or articles on board thereof, or any certificate of the master or other officer to which the provisions of this act or any of the rules made thereunder apply, not unnecessarily detaining or delaying the vessel from proceeding on any voyage, and if in consequence of any incident to the vessel or for any other reason it is considered necessary so to do, may require the vessel to be taken into dockfor the purpose of inspection or survey;(b) may enter and inspect any premises, the entry and inspection of whichappears to be requisite for the purpose aforesaid;35(c) may, by summons under his hand, require the attendance of all such personsas he thinks fit to call before him and examine them for the purpose aforesaid, and may require answers or returns to any enquiries he thinks fit to make;(d) may require and enforce the production of all relevant books, papers, ordocuments;40(e) may administer oaths or may in lieu of requiring or administering an oath,require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination; and(f) may muster the crew of any such vessel(2) no person shall hinder or obstruct any officer or person referred to in sub-section (1)from going on board any vessel or otherwise impede him in the execution of his duties or the exercise of his powers under this act455power to permit alternative provisions and arrangement271 where this act requires that provisions or arrangements for a vessel shall meetthe obligations under the convention the central government may, after satisfying itself based on the convention or its protocol or its amendments or by trials or otherwise, as effective as that so required, by an order, permit such other provisions or arrangements to be used or provided272 (1) no vessel provided with a nuclear power plant shall proceed to any port orplace in india including territorial waters thereof without permission of the central governmentcontrol of nuclear vessels and security measures(2) the central government may, by general or special order, issue such direction, asit deems fit, to the registered owners of the vessels, for taking such security measure as may be necessary10273 the central government may, by notification, direct that the provisions of thisact or any of them shall not apply to vessels belonging to the government or to any class of such vesselsexemption of public vessels,foreign andindian power to exempt15274 (1) notwithstanding anything contained in this act, the central governmentmay, by order in writing and upon such conditions, if any, as it may think fit to impose, exempt any vessel or tindal or seafarer or any class thereof, from any specified requirement contained in or prescribed in pursuance of this act or dispense with the observance of any such requirement in the case of any vessel or tindal or seafarer, or any class thereof if it is satisfied that the requirement has been substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the case:20provided that no exemption which is prohibited by the safety convention or pollutionprevention convention shall be granted under this sub-section(2) where an exemption is granted under sub-section (1) subject to any conditions, abreach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section25general power to make rules275 without prejudice to any other power to make rules contained elsewhere in thisact, the central government may make rules generally to carry out the provisions of this act276 (1) all rules made under this act shall be published in the official gazette andshall be subject to the condition of previous publicationprovisions with respect to rules30(2) in making a rule under this act, the central government may direct that a breachthereof shall be punishable with fine which may extend to fifty thousand rupees, and if thebreach is a continuing one, with further fine which may extend to five thousand rupees for every day after the first day during which the breach continues35 40(3) every rule made or notification issued 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 notification or both houses agree that the or notification rule should not be made, the rule or notification shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification277 no suit or other legal proceeding shall lie against any person for anything whichis in good faith done or intended to be done under this actprotection of persons acting under the act45278 the central government may enter into agreement with other countries ororganisations for effective implementation of the provisions of this actagreement with other countries removal ofdifficulties50279 (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 be necessary for removing the difficulty:provided that no such order shall be made under this section after the expiry of a period of three years from the commencement of this 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 xvi 5 repeals and savingsrepeal and savings44 of 1958 19 of 1838280 (1) the merchant shipping act, 1958 and the coasting vessels act, 1838 are hereby repealed(2) notwithstanding the repeal of any enactment by sub-section (1),-10(a) any notification, rule, regulation, bye-law, order or exemption issued, madeor granted under any enactment hereby repealed shall, until revoked, have effect as if it had been issued, made or granted under the provisions of this act;15(b) any office established or created, officer appointed and anybody elected orconstituted under any enactment hereby repealed shall continue and shall be deemed to have been established, created, appointed, elected, or constituted, as the case may be, under this act;(c) any document referring to any enactment hereby repealed shall be construedas referring to this act or to the provision of this act;20(d) any fine levied under any enactment hereby repealed may be recovered as ifit had been levied under this act;(e) any offence committed under any enactment hereby repealed may beprosecuted and punished as if it had been committed under this act;(f) any vessel registered under the merchant shipping act, 1958 hereby repealed shall be deemed to have been registered under this act;2544 of 1958(g) any mortgage of vessels recorded in any register book maintained at anyport in india under the merchant shipping act, 1958 any enactment hereby repealedshall be deemed to have been recorded in the register book under the corresponding provision of this act;30 35(h) any licence, certificate of competency or service, certificate of survey, a or bcertificate, safety certificate, qualified safety certificate, safety equipment certificate, exemption certificate, international or indian load line certificate or any other certificate or document issued, made or granted under any enactment hereby repealed and in force at the commencement of this act shall be deemed to have been issued, made or granted under this act and shall, unless cancelled under this act, continue in force until the date shown in the certificate or document, as the case may be;(i) any proceeding pending before any court under any enactment here byrepealed may be tried or disposed of under the corresponding provisions of this act;(j) the officers existing under the commencement of this act shall continue as if they have been established under this act;(k) any person appointed under or by virtue of any repealed enactment shall bedeemed to have been appointed to that office under or by virtue of this act;(l)any inspection, investigation or inquiry ordered to be done under theprovisions of any repealed enactment shall continue to be proceeded with as if such inspection, investigation or inquiry ordered to be done under the corresponding provisions of this act10 of 18975(3) the mention of particular matters in this section 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 repeals statement of objects and reasonsthe merchant shipping act, 1958 has been enacted to foster the development and ensure the efficient maintenance of an indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a national shipping board and a shipping development fund, to provide for the registration of indian ships and generally to amend and consolidate the law relating to merchant shipping the said act has been amended several times and now contains more than 560 sections2 internationally, merchant shipping industry has undergone various changes in recent years in order to meet the new challenges and promote 'ease of doing business', reforms are required to increase tonnage under indian flag and share of indian seafarers, safeguard the rights and privileges of seafarers, enhance the safety and security of vessels and life at sea, prevent marine pollution, provide for maritime liabilities and compensations, and to develop indian costal shipping and trade, etc3the coasting vessels act, 1838 is a legislation of british era which provides for registration of non-mechanically propelled vessels for a limited jurisdiction of saurashtra and kutch as it has been decided to bring the registration of all seagoing vessels under the law of merchant shipping, the coasting vessels act, 1838 will become redundant4 in order to ensure that old and redundant provisions of the laws are replaced with contemporaneous provisions, it has been decided to consolidate and amend the laws relating to merchant shipping to ensure compliance with the country's obligation under the international conventions and maritime treaties to which india is a party and also to ensure the efficient maintenance of indian mercantile marine in a manner best suited to serve the national interest5 in view of the above, it has become imperative to repeal the merchant shipping act, 1958 and the coasting vessels act, 1838 and to provide for contemporaneous, futuristic and dynamic legislation, namely, the merchant shipping bill, 2016 to meet the requirements of india as an emerging economy6 the merchant shipping bill, 2016, inter alia, seeks to provide for the following, namely:––(a) to register all seagoing vessels, whether propelled or not, including certain residuary category of vessels not covered under any statute;(b) to allow substantially-owned vessels and vessels chartered on bareboat charter-cum-demise (bbcd) contract by indian entities to be registered as indian flag vessels, to recognise indian controlled tonnage as a separate category, and dispense with the requirement for issuing licences to indian flag vessels for coastal operation, so as to facilitate augmentation of indian tonnage and promotion of coastal shipping;(c) to simplify and consolidate the regime for survey, inspection and certification of vessels which are scattered in various parts of the merchant shipping act, 1958 by placing them together, for convenience of the indian shipping industry;(d) to monitor the maritime education leading to grant of certificate of competency or certificate of proficiency in accordance with either the provisions of international convention or otherwise to impart quality education to prospective seafarers, and to facilitate indian seafarers to work onboard vessels with respective certificate and qualification;(e) to entitle the seafarers held in captivity of pirates to receive wages till they are released from captivity and reach home safely so as to ensure welfare of seafarers;(f) to make insurance compulsory for the crew engaged on vessels including fishing, sailing, non-propelled vessels and vessels whose net tonnage is less than fifteen and solely engaged in coasting trade of india, by the owner of the vessel;(g) to dispense with the requirement of signing of articles of agreement by the crew before the shipping master so as to facilitate early employment of seafarers;(h) to make provisions for security-related aspects with respect to vessels, which will enable identification and ensure coastal security;(i) to make provisions so as to give effect to seven conventions of international maritime organisation, namely, (i) the intervention convention, 1969, (ii) the search and rescue convention, 1979, (iii) the annex vi to the international convention on prevention of pollution from ships, (iv) the convention for control and management of ships ballast water and sediments, 2004, (v) the nairobi wreck removal convention, 2007, (vi) the salvage convention,1989 and (vii) the international convention for bunker oil pollution damage, 2001;(j) to repeal the coasting vessels act,1838 and the merchant shipping act,1958 7 the bill seeks to achieve the above objectivesnew delhi;nitin gadkari5 december, 2016 notes on clausesclause 1 –– this clause seeks to provide for short title and commencement of the bill clause 2––this clause seeks to provide for application of the bill it specifies the application of the bill to the vessels registered, vessels required to be registered and vessels other than preceding two categories it also specifies the extent of application of the bill to indian controlled tonnage vesselsclause 3–– this clause contains definitions of various expressions used in the billit defines the expressions, inter alia, "costs", "coasting trade of india", "convention","distressed seafarer", "family", "indian controlled tonnage vessel", "port of registry", "sailing vessel", "ship", "special trade", "vessel"clause 4––this clause seeks to provide for establishment of the national shipping board it provides for the composition of the board, consisting of six members of parliament; sixteen members to be appointed by the central government and equal number to be included in the board representing the ship owners and seafarers; and the term of its members, its power to advise the central governmentclause 5––this clause seeks to provide for the constitution of the seafarer welfare board to advise the central government on the measures for promoting the welfare of the seafarersclause 6–– this clause empowers the central government to appoint a person to be the director-general of shipping for the purposes of exercising or discharging the powers, authority or duties conferred on or imposed by under the provisions of the bill this clause also empower the central government to delegate its power to director-general and he may with the approval of the central government delegate his powers to other officer or authority and the officers appointed under the bill shall discharge their functions under the general superintendence and control of the director-generalclause 7–– this clause empowers the central government to appoint surveyors at such port or place as it may consider necessary it further empowers the central government to authorise any person or body of persons, as surveyor in case of cargo vesselclause 8–– this clause seeks to empower the central government to appoint radio inspectors relating to radio communicationclause 9–– this clause seeks to empower the central government to establish and maintain office of the mercantile marine department at the ports of mumbai, kolkata, chennai, kochi, kandla and such other ports or places in india for the administration of the provisions of the bill and the rules made thereunder it further provides that the office of the mercantile marine departments at the ports of mumbai, kolkata, chennai, kochi, kandla and any other port or place as notified by the central government shall be in the charge of the principal officer, and the office at any other port or place shall be in the charge of such officer as the central government may appoint in this behalfclause 10––this clause empowers the central government to establish shipping office and appoint shipping master and other officers as it may consider necessary it provides that if at any place such shipping office is not established then either the mercantile marine department, or port officer or any other office may conduct the business of shipping office it further provides that any act done by deputy shipping master, assistnat shipping master or any other officer in shipping office shall have the same effect as if done by the shipping masterclause 11–– this clause seeks to empower the central government to establish at every port a seafarer's employment office and shall appoint thereto a director and as many deputy directors and assistant directors as it may consider necessary it provides that all acts done by deputy director or assistnat director shall have the same effect as if done by the director himself it also provides that if at some port, seafarers employment office is not available then at such place the central government has power to appoint a person or body of persons to carry out the functions of the seafarer's employment office and such person or body of persons shall be deemed to be seafarers employment officeclause 12––this clause seeks to empower the central government to appoint seafarers welfare officer in any port or place outside india it specifies the duties which the seafarers welfare officer needs to perform it further provides that if any seafarer's welfare officer appointed at any port outside india performs any functions assigned to an indian consular officer, such functions shall have the same effect as if they had been performed by an indian consular officerclause 13–– this clause seeks to provide for application of part iii of the bill it provides for the application of the provisions of part iii to all sea-going vessels for the purposes of registration of vesselsclause 14–– this clause seeks to impose obligation for registration of every vesselit provides that every indian vessel shall be registered under part iii at such port or place of registry as may be notified by the central government it further provides that the vessels registered under the coasting vessels act, 1838, which has been proposed for repeal by this bill, shall be re-registered under the provisions of this bill within one year of coming into force of the bill and the vessels registered under the existing act shall be deemed to be registered under this bill it also provides that all vessels belonging to the government, other than vessels of the indian navy, indian coast guard, customs authorities, central paramilitary forces, coastal police and other police agencies, shall be registered under this billsub-clause (2) of this clause enables the registration of an indian vessel out of india with such conditions as may be made by rules sub-clause (3) provides that no vessel shall be an indian vessel or an indian controlled tonnage vessel unless such vessel is substantially owned by any of the person specified therein sub-clause (4) mandates that indian vessel proceeding to sea without a valid certificate of registration shall be detained unless it produces such certificateclause 15––this clause seeks to appoint the registrar of indian vessels it provides that at any port, the principal officer of the mercantile marine department, shall be the registrar of indian vessels at that port, and at any other place in india such authority as the central government may, appoint, shall be the registrar of indian vessels at that place it further provides that every registrar shall keep a register book and shall make entries in that book be made, and maintain the records of vessels registered under this bill, in such manner as may be provided by rulesclause 16–– this clause seeks to provide of application of registry it provides that an application for the registry of an indian vessel shall be made to the registrar in such form and manner as may be provided by rulesclause 17–– this clause seeks to provide for marking, survey and measurement of vessels before registry it provides that the owner of every indian vessel in respect of which an application for registry is made shall cause such vessel to be marked, surveyed and measured by a surveyor and the tonnage of the vessel ascertained before the registry in such manner as may be made by rules and the surveyor shall grant a certificate specifying the tonnage and build and such other particulars descriptive of the identity of the vessel as may be provided by rules and the certificate of the surveyor shall be delivered to the registrar before registryclause 18––this clause seeks to empower the registrar to inquire into title of an indian vessel to be registered it provides that where it appears to the registrar that there is any doubt as to the title of any indian vessel to be registered as an indian vessel, he may require evidence to be given to his satisfaction that the vessel is entitled to be registered as an indian vessel and if no evidence is given to the satisfaction of the registrar, such vessel shall be liable for forfeitureclause 19–– this clause seeks to provide for grant of certificate of registry it provides that on completion of registry, the certificate of registry shall be granted to indian vessel it also provides for issuance of tonnage certificate and granting of new certificate of registry in case it is defaced or mutilated or lost or destroyedclause 20–– this clause seeks to provide for custody and use of certificate it provides that the certificate of registry shall be used only for the lawful navigation of the vessel, and shall at all times remain in the custody of the person in charge of the vessel; and shall not be subject to detention by reason of any title, lien, charge or interest whatever had or claimed by any owner, mortgagee or other person to, on or in the vessel and such certificate may be delivered to person entitile to demand the certificate it further provides the possession of illegal certificate of registry as an offenceclause 21–– this clause seeks to provide for endorsement on certificate of change of ownership it provides that whenever a change occurs in the registered ownership of an indian vessel, the owner of the indian vessel shall, for the purposes of endorsement of change of ownership, deliver the certificate of registry to the registrar who shall make an endorsement for that purpose in such manner as may be provided by rulesclause 22–– this clause seeks to provide for delivery of certificate of vessel lost or ceasing to be an indian vessel it provides that in case the vessel is actually or constructively lost, taken by the enemy, burnt or broken up or ceasing for any reason to be an indian vessel, or is to be registered under any other law, every owner of such vessel shall immediately on obtaining knowledge of the event, if no notice thereof has already been given to the registrar, give notice thereof to the registrar so that registrar can make entries in his records accordinglyclause 23–– this clause seeks to provide for provisional registration of indian vessel it provides that the registrar, indian consular officer or any person authorised by the central government may issue the certificate of provisional registration for a period of six months, which may further be extended by three more months to complete the formalities of permanent registration and such provisional certificate is required to be delivered to the registrar for cancellation where a vessel has been permanently registeredclause 24––this clause seeks to provide for the conditions when share of an indian vessel may not be transferred like during emergency without the previous approval of the central government it further provides conditions of transfer or acquision of an indian vessel like satisfaction of mortgages, statutory fee, wages, etc it also provides that the instrument of transfer shall be in writing with requisite particularsclause 25–– this clause seeks to provide for registry of transfer it provides that every instrument for the transfer of an indian vessel or of a share therein when duly executed shall be produced to the registrar of her port of registry, and the registrar shall thereupon enter in the register book the name of the transferee as owner of the vessel or share, as the case may be, and shall endorse on the instrument the fact of that entry having been made with the day and hour thereof and every such instrument shall be entered in the register book in the order of its production to the registrarclause 26––this clause seeks to provide for the transmission of property in indian vessel on death, insolvency, etc it provides for certain action to be completed by the person to whom the property in a vessel has been transferred on the death or insolvency of any registered owner, or by any lawful means other than by a transfer under this bill registrar shall make an entry in the register book and if by such transmission the vessel ceases to be an indian vessel, the registrar need not make any entry in the register bookclause 27–– this clause seeks to provide inter alia, to make an application to the high court for a direction for the sale of a vessel to any citizen of india or any company or body or co-operative society if where the vessel has ceased to be an indian vessel and the registrar of the port of registry to submit report to the central government setting out the circumstances in which the vessel has ceased to be an indian vesselclause 28––this clause seeks to provide for transfer of vessel on sale by order of court it provides that any court may order the sale of vessel or share therein with a declaration vesting in person named by the court the right to transfer that vessel or share, and that person shall thereupon be entitled to transfer the vessel or share in the same manner and to the same extent as if he were the registered owner thereofclause 29–– this clause seeks to provide for mortgage of vessel or share therein which may be made for security for a loan or other valuable considerationclause 30–– this clause seeks to provide the rights of mortgagee it provides that where there is only one registered mortgagee of a vessel or share, he shall be entitled to recover the amount due under the mortgage by selling the mortgaged vessel or share without approaching the high court it further provides that where there are two or more registered mortgagees of a vessel or share they shall be entitled to recover the amount due under the mortgage in the high courtclause 31–– this clause seeks to provide that a registered mortgage of a vessel or share shall not be affected by any act of insolvency committed by the mortgagor after the date of the record of such mortgageclause 32–– this clause seeks to provide for transfer of mortgage or shares to any person by the instrument and after production of such instrument, the registrar shall record the details in a register bookclause 33–– this clause seeks to provide for transmission of interests in mortgage in certain circumstances it provides that the interest of a mortgagee in a vessel or share if transmitted on death, or insolvency, or by any lawful means other than by a transfer under this bill, the transmission shall be authenticated by a declaration of the person to whom the interest is transmitted and it shall be containing a statement of the manner in which and the person to whom the property has been transmitted and shall be accompanied by like evidenceclause 34–– this clause seeks to provide that the indian vessel shall be described by name, call sign and an official number for the purpose of proper identification of the vesselclause 35–– this clause seeks to provide that when the vessel is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book, then the registrar at the first port at which the vessel arrives after the alteration, shall, on an application being made to him by the owner stating the particulars of the alteration, either cause the alteration to be registered or direct that the vessel be registered anewclause 36–– this clause seeks to provide for provisional certificate and endorsement where vessel is to be registered anew it provides that where any registrar, not being the registrar of the vessel's port of registry, on an application as to an alteration in a vessel directs the vessel to be registered anew, he shall either grant a provisional certificate describing the vessel as altered, or provisionally endorse the particulars of the alteration on the existing certificateclause 37––this clause seeks to provide that where the ownership of any indian vessel is changed, the registrar of the port at which the vessel is registered may on the application of the owner of the vessel, register the vessel anewclause 38––this clause seeks to provide for transfer of registry it provides that the registry of any vessel may be transferred from one port of registry to another on an application to the registrar of the existing port of registry of the vessel made by declaration made in writing of all persons appearing in the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them and those rights shall in all respects continue in the same manner as if no such transfer had been effectedclause 39–– this clause seeks to put restrictions on re-registry of abandoned vesselit provides that where a vessel has ceased to be registered as an indian vessel by reason of having been wrecked or abandoned, or for any reason other than capture by the enemy, the vessel shall not be re-registered until she has, at the expense of the applicant for the registry, been surveyed by a surveyor and certified by him to be seaworthyclause 40–– this clause seeks to empower the central government to declare the proper national colours for all indian vessles and for vessles owned by the government with power to declare different colours for different class of vessels it also empowers the commissioned officer of the indian navy, any officers of the indian coast guard, a surveyor to board and seize and take away the colours which are hoisted contrary to the provisions of bill it also imposes ban on indian national colours on vessels for the purpose of making it appear to be a vessel which is not an indian vesselclause 41––this clause seeks to provide that no owner or master of an indian vessel shall knowingly do anything or permit anything to be done, or carry or permit to be carried any papers or documents, with intent to conceal the indian character of the vessel from any person entitled by any law for the time being in force to inquire into the same with intent to assume a foreign character for the vessel, or with intent to deceive any person so entitledclause 42–– this clause seeks to provide that an indian vessel shall not be entitled to any privileges, benefits, advantages or protection usually enjoyed by indian vessel or to use the indian national colours for indian vessel or to assume the indian national character of such vessel has not been recognised as indian vessel and for the purpose of payment of dues, the liability of fine and forfeiture and the punishment for the offences committed on board such vessles may be dealt with in the same manner as if the vessel is a recognised indian vesselclause 43––this clause seeks to provide that any vessel that is either wholly or any share therein become subject to forfeiture under part iii, then, any commissioned officer of the indian navy, indian coast guard, any indian consular officer or any other officer authorised by the central government, may seize and detain the vessel, and bring her for adjudication before the high courtclause 44–– this clause seeks to provide for liability of owners it provides that where any person is beneficially interested otherwise than by way of mortgage in any vessel or share in a vessel registered in the name of some other person as owner, the person so interested shall, as well as the registered owner, be subject to all the pecuniary penalties imposed by this bill or any other act on the owners of vessel or shares therein, without prejudice that proceedings for the enforcement of any such penalties may be taken against both or either of the said parties jointly or severallyclause 45–– this clause seeks to provide that any person may inspect any register book, and may obtain a certified copy of any entry in the register book, by making an application to the registrar and the evidentiary value of a certified copy of an entry in the registered bookclause 46––this clause seeks to enable the owner of an indian vessel to may make an application to the registrar to close its registry subject to that there is no unsatisfied mortgage and outstanding claims of the master or seafarer of the vessel in respect of wages have been intimatedclause 47––this clause seeks to provide the application of chapter ii of part iii of the bill it provides that this chapter shall be applicable to any vessel registered under the law of any country other than india and chartered by an indian charterer on bareboat chartercum-demise contractclause 48––this clause contains definitions of various expressions specified in chapter ii of part iii of this billclause 49––this clause seeks to provide for registration of vessel chartered on bareboat charter-cum-demise contract and the procedure to be followed and the provisions of the validity of registration period, its closure with power to hoist indian flag, etcclause 50––this clause seeks to empower the central government to make rules to carry out the purposes covered under part iii of the billclause 51––this clause seeks to mandate that every indian vessel to be provided with the seafarers as per manning scale provided by rules and requirement that the seafarer shall hold such certificate as per grade and the number of persons with such qualifications for manning different types of vessels it also provides that indian national with foreign certificate and foreign national with foreign certificate or indian certificate of competence may be allowed to work on board indian vessel subject to the conditions to be specified in the rulesclause 52––this clause empowers the central government to grant certificate of competency or certificate of proficiency subject to fulfilment of requirements in respect of service, age limit, medical fitness, training, qualifications and examination in accordance with the stcw convention subject to payment of such feeclause 53–– this clause seeks to empower the director-general to administer, supervise and monitor all activities related to training and assessment for grant of certificate of competency or certificate of proficiency and to approve training institute, courses and the method of conducting training for granting such certificates and also with power to authorise any person to conduct inspection and submit report to himclause 54–– this clause seeks to provide for examination for grant of certificates it empowers the central government to appoint a person to examine the qualification for persons desirous of such certificates it further provides the manner of conducting examination and fee to be charged and payment to the examiner it also provides to grant certificates to applicants who have passed examination it also empowers the central government to withdraw, suspend and cancel such certificate in case it is obtained through false and erroneous information or if the person is guilty of misconduct it also provides for re-issue of certificate in case of loss, etc on payment of such fee as per rulesclause 55–– this clause cast a duty on the master of the vessel to produce the list of seafarers along with the certificate of competency of the seafarer along with the list of crew, etc, to the proper officer it also empowers the surveyor to go on board a vessel for the purpose of ensuring that the seafarers on board possess the certificates as per the stcw conventionclause 56–– this clause seeks to provide that india may recognise foreign certificate of competency and certificate of proficiency as equivalent if they meet essential conditions like standards not being less than that of indian certificate holders and recognitions of indian certificates under part iv in their countries and the certificate recognised as equivalent may be issued with a certificate of endorsement and a person holding the certificate of endorsement shall be considered duly certificatedclause 57––this clause seeks to provide that foreign vessel shall not proceed to sea from any port or place of india without the requisite number of seafarers of appropriate grades and empowers the surveyor to board the vessel for the purpose of ensuring that the seafarers holding certificates are actually appointed and are actually present and are adequate in number for the watch keeping duty in ports and at sea it also empowers the central government to detain a foreign vessel in case of deficiency on the report of the surveyorclause 58–– this clause seeks to provide for obligations of certain certificate holders to serve the government or in indian vessels during a proclamation of emergency or when security of india is threatened according to the provisions of the constitutionclause 59–– this clause seeks to provide for the rule making power of the central government for the provisions of part ivclause 60––this clause seeks to provide for the applicability of part v it applies to every seafarer, recruitment and placement service and ship ownersclause 61––this clause seeks to define certain expressions which are specified part vclause 62–– this clause seeks to empower the central government to make rules for the classification of seafarers into different categories, minimum scale and the different scale for different classes of ships and application of the provisions to the seafarer employed or engaged as a member of the crew of a shipclause 63–– this clause seeks to provide for application of maritime labour standards to seafarers and ships registered under this bill, except ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where any law for the time being in force relating to ports apply; ships engaged in fishing activities; traditionally built ships such as dhows and junks and ships of war or naval auxiliaries it further provides that the central government shall have power on recommendation of the director-general to extend the provision of this clause to any category of ships and the ships to possess certificate in accordance with the provisions of the maritime labour convention and also prohibits the ships to proceed to sea without possessing the certificateclause 64–– this clause seeks to enumerate the duties of the shipping master clause 65–– this clause seeks to enumerate the business of the seafarer's employment office, such as issuance to licence of recruitment and placement services and to perform any other functions provided by rules made by the central governmentclause 66––this clause seeks to provide for the engagement of seafarer by licensed recruitment and placement service and the owners of indian vessels it prohibits a person other than the owner of the vessel to carry on the business of recruitment and placement of service without license; to engage the seafarers without possession of continuous discharge certificate and identity documents; and the person under sixteen years for engagement or carried to sea to work in any capacity without such qualifications specified by the central government it also prohibits the engagement of seafarer in a ship without possessing a medical fitness certificate and any person who claims to represent the interests of seafarers shall not demand or receive, either directly or indirectly, from any seafarer or person seeking employment as seafarer or any person on his behalf, any remuneration or donation or fees or compulsory subscription of any kind attributable from such seafarer or person's employment as seafarer, other than the fees authorised by the provisions of this billclause 66 also provides that the central government may, by notification, fix the fees which shall be payable upon all engagements and discharges of the seafarer and the services of the seafarer engaged in contravention thereof shall not be recognised for the purposes of certification under part ivclause 67––this clause seeks to provide that every master or owner or his agent shall for the purpose of engagement of seafarer enter into an articles of agreement with the seafarer and submit a copy of such agreement to the shipping master it specifies certain provisions therein for engagement of a seafarer who is not a citizen of india it further specifies the time when the wages and provisions shall be taken to begin, and provides that no agreement shall forfeit the lien on the ship or deprive of any remedy for recovery of wages of the seafarer and every stipulation inconsistent with the provisions of this bill will be voidclause 68––this clause seeks to empower the central government to make rules for the matters relating to seafarer's employment and condition of services including skill development and opportunity or any other requirements under the maritime labour conventionclause 69––this clause seeks to entitle the seafarer to receive wages or compensation for loss of effects in case or wreck, loss or abandonment of the ship or by reason of his being left on shore at any place outside india under a certificate granted under this bill for his unfitness or inability to proceed on the voyage however he shall not be entitled to receive wages if through negligence he failed to apply to proper authority for relief as a distressed or destitute seafarer it further provides the amount of compensation shall be deposited with the shipping master at the port of engagement in india for payment to a seafarer or in the case of a deceased seafarer with the person nominated by him or in case he has not made any nomination or nomination has become void, to his legal heirs the seafeaver is entitled to receive wages during captivity including incidence of piracy in the course of his employmentclause 70––this clause seeks to provide that seafarer shall not be entitled to wages like absence without leave, etcclause 71––this clause seeks to provide for compensation to the seafarer by the master, owner or his agent for the damage caused due to premature discharge apart from the wages due and also prescribe the limit of such compensationclause 72––this clause seeks to provide certain restrictions in respect of wages due to a seafarer such as from attachment by order of any court and any assignment prior to the accruing thereof shall not bind the person making the same subject to that it shall not apply if such assignment is under the scheme approved by the governmentclause 73––this clause seeks to provide the manner of discharge of seafarer it provides that if any indian ship is transferred or disposed of, then the seafarer belonging to that ship shall be discharged at that port unless he consents in writing to complete the voyage in the ship if continued it further provides certain conditions for discharge of seafarer, entitlement of wages, etcclause 74––this clause seeks to mandate the master to enter into the log book a statement of the amount due to the seafarer in respect of wages and his property, at the time when such seafarer was left behind or lost overboard or is deceasedclause 75–– this clause seeks to provide that if the service of the seafarer is terminated without consent at a foreign part and before the expiration of the contract, the master or owner of the ship or his agent shall make adequate provisions for the maintenance of the seafarer according to his rank and rating and for the return of that seafarer to the proper port it further provides that if the master, owner or agent fails without reasonable cause to provide expenses of maintenance and for the journey of proper return port, if defrayed by the seafarer, shall be recoverable as wages due to him and if defrayed by the indian consular officer be regarded as expenses failing within the provisions of clause 86clause 76–– this clause seeks to provide that in case the amount deposited with or recovered by the shipping master is unclaimed as wages for making payment then shipping master after a period not less than six years can utilize that money for the welfare of the seafarer as the central government may directclause 77––this clause seeks to provide that any dispute between the master, owner, or his agent and the seafarer under the agreement shall be submitted to the shipping master and he shall decide upon the dispute submitted and make an award which shall be conclusive it further provides that any person aggrieved by the award shall approach the principle officer for the appeal and if a person is aggrieved by the award of the principle officer shall go for second appeal to the director-general it also provides that an award made under this clause shall be enforced by a judicial magistrate of the first class or a metropolitan magistrate and the provisions of the arbitration and conciliation act, 1996 shall not apply to any matter submitted for decision to the shipping masterclause 78––this clause seeks to provide that the shipping master may require the owner, master or any mate or other member of the crew to produce the logbook, papers or other documents in his possession and also requires their attendance for the purpose of examinationclause 79––this clause seeks to provide that the proceedings for wages of seafearer shall be conducted by summary procedure by the judicial magistrate of the first class or any metropolitan magistrateclause 80–– this clause bars for institution of suits for wages in any civil court except where the owner of the ship is declared insolvent, ship is under arrest or sold by the authority of the court and a judicial magistrate of the first class or the metropolitan magistrate refers claims to the courtclause 81–– this clause seeks to provide that if the seafarer's voyage terminates in india, he shall not be entitled to sue in any court outside india for wages unless he is discharged with such sanction as required under the provisions of the bill and with the written consent of the master or proves ill-usage on the part or by the authority of the master as to warrant a reasonable apprehension of danger to his life if he remains on boardclause 82–– this clause seeks to provide for the rights, liens and remedies of a master of a ship for the recovery of wages same as a seafarer and the same rights of a acting master due to disease or incapacity from illness of the master it empowers the court dealing with the claim of a master in respect of such wages, disbursements to settle all accounts then arsing for outstandingclause 83–– this clause seeks to empower the central government to refer the dispute between seafarer and their employer to the tribunal for adjudicationclause 84––this clause empowers the central government or such officer as appointed by it to recover the wages and compensation due to a seafarer who is lost with the ship to which he belongs, from the master or owner of a ship or his agentclause 85–– this clause seeks to provide that the seafarer can make a nomination of his family member on his behalf subject to that if a seafarer acquires a family after he has made any such nomination, the nomination shall become void and the form for nomination and matters connected with nomination shall be provided by rules by the central governmentclause 86––this clause seeks to provide that in case a seafarer is in distressed condition, the indian consular officer at or near the place where a seafarer is in distress shall, on application being made to him by the distressed seafarer, provide in accordance with the rules made under this bill for the return of that seafarer to a proper return port, and also for the said seafarer's necessary clothing and maintenance until his arrival at such port and expenses incurred in such repatriation shall be a debt due to the central government by the owner or agent of the shipclause 87–– this clause seeks to provide that a certificate of the central government or of such officer as the central government may specify in this behalf, to be provided to any seafarer in distress and that shall be a conclusive evidence that such seafarer is distressed within the meaning of this billclause 88–– this clause seeks to provide that any shipping master, surveyor, seaman welfare officer, indian consular officer under the circumstances mentioned therein enter on board the ship and inspect such ship it further provides that indian ships in international voyage shall possess a maritime labour certificate and a declaration of maritime labour compliance and for the purpose of preventing seafarer from being taken on board any ship at any port in india contrary to the provisions of this bill, the shipping master and other officers may enter at any time on board any such ship he has reason to believe that the seafarer is being shippedclause 89––this clause seeks to provide certain special protection to seafarers in case of litigation it, inter-alia, provides that a seafarer shall, for the purposes of this part, be deemed to be a serving seafarer during any period commencing on the date of the agreement with the crew and ending thirty days after the date on which the seafarer is finally discharged from such agreement and provided that the collector may certify that a person is serving seafarer for the purpose of conducting legal proceedingsclause 90––this clause seeks to enable seafarer to make a complaint against the master or any member of the crew if the ship is at a place where there is a judicial magistrate of the first class or a metropolitan magistrate or when the ship reaches a place where such magistrate is availableclause 91–– this clause seeks to provide that assignment of salvage payable to a seafarer made prior to the accruing thereof shall not bind the person making the same, and a power of attorney or authority for the receipt of any such salvage shall not be irrevocableclause 92––this clause seeks to provide that any person at any port or place other than a person in the service of the government or duly authorised by law if goes to board a ship without permission, the master of the ship may take such person into custody and deliver him up forthwith to a police officer to be taken before a judicial magistrate of the first class or a metropolitan magistrateclause 93–– this clause seeks to provide that no indian seafarer shall knowingly do anything tending to the immediate loss or destruction of, or serious damage to, the ship, or tending immediately to endanger the life of, or to cause injury to any person belonging to or on board the ship and refuse or omit to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction or serious damage, or for preserving any person belonging to or on board the ship from danger to life or from injuryclause 94–– this clause seeks to provide that no seafarer shall dessert his ship or neglect or be absent from ship without leave or without reasonable ground and that refusal, absent etc of a seafarer engaged on the ground of a ship as unseaworthy shall be a reasonable cause provided, if the seafarer before failing or refusing to join a ship informed the master or a shipping master, surveyor, seafarer's welfare officer, port health officer, indian consular officer or any other officer at any port duly authorised in this behalf by the central government, that the ship is unseaworthy it further provides that if the seafarer without sufficient reasons absents himself from his ship or desserts his ship and on being satisfied the shipping master may report it to the director-general who may thereupon direct that the seamen identity document and continuous discharge certificate may be held for such period as may be specified and if any seafarer desserts or absents himself from the ship then the master, mate, owner or agent without prejudice to any other action that may be taken against the seafarer under this bill may use such force as may be reasonable in the circumstances of the case it also provides that if a seafarer commits offence of desertion or is absent without leave or any other offence against discipline outside india then, master, mate, owner or agent shall be permitted to arrest him without warrant and the seafarer should not be arrested on improper or insufficient grounds and also provides that if any costs and expenses properly incurred by or on behalf of the master or owner by reason of the conveyance to be paid by the offender then it can be deducted from his wagesclause 95–– this clause seeks to enlist all the actions of discipline in violation of which the seafarer shall be guilty of an offence clause 96–– this clause seeks to provide that if the seafarer is convicted of an offence of smuggling any goods whereby loss or damage is occasioned to the master or the owner, then, a sum sufficient to reimburse the loss or damage could be recovered in lieu of whole or part of his wages and the director-general can cancel or suspend the seafarer identity document or continuous discharge certificate of such seafarer convicted of offence of smugglingclause 97––this clause seeks to provide that if any offence of desertion, absence without leave, against discipline or any other misconduct is committed by seafarer for which offender's agreement imposes a fine, then entry of such offence or act shall be made in the official book, and if the offender is still on ship and it is yet to arrive, he shall be furnished with a copy of the entry and the same be read out to him and then he has to make a reply as he thinks fit and after which, a statement of a copy of the entry having been so furnished and the entry having been so read over and the reply, if any, made by the offender shall likewise be entered and signedclause 98––this clause seeks to provide that if any seafarer engaged outside india on an indian ship desserts himself in india without leave, the master of a ship within forty eight hours of discovering such desertion or absence report to the shipping master or to such officer as the central government may specifyclause 99––this clause seeks to provide that in case of desertion from indian ship, the master shall produce the official log book to the indian consular officer and the officer shall thereupon make and certify a copy of the entry and shall transmit such a copy of entry certified to the shipping master to be produced before a legal proceedings and such a certified copy can be admissible in evidence in a legal proceedings for desertionclause 100––this clause seeks to provide that for proving desertion from ship it has to be shown that the seafarer was duly engaged in or belonged to the ship and he left the ship without completion of the voyage or engagement and entry of desertion of the seafarer's shall be duly made in the official log book it further provides that the desertion leading to forfeiture of wages shall be deemed to be proved unless the seafarer produces proper certificate of discharge or show to the court that he had sufficient reason for leaving the shipclause 101––this clause seeks to provide that wages or other property fortified for desertion from the ship shall be applied for reimbursing the expenses caused by the desertion to the master or the owner or agent subject to that the reimbursement shall be paid to the central government it further provides that the wages earned subsequent to desertion may be recovered clause 102––this clause seeks to provide that any question concerning the forfeiture or deductions from the wages of a seafarer may be determined in any proceeding lawfully instituted with respect to those wagesclause 103––this clause seeks to provide the procedure of deduction of a fine imposed on seafarer for any act of misconduct under the agreement and such proceeds of all fines received by the shipping master shall be used for the welfare of seafarers in a manner as the central government may directclause 104–– this clause prohibits any person to persuade or attempt to persuade a seafarer to neglect or refuse to join or proceed to sea or desert from ship or absent himself from his duty or harbour or secrete a seafarer from doing the sameclause 105–– this clause seeks to provide that no person shall secrete himself and go to sea in a ship without the consent of the owner, agent or master, or of a mate, or of the person in charge of the ship or of any other person entitled to give that consent it further provides that if the master is compelled to take on board any seafaring person as long as he remains on ship shall be subject to laws of discipline as if the member has signed the agreement with the crew and the master shall report in writing about any person gone to sea on a ship without consent to the proper officer as soon as the arrival of the shipclause 106––this clause seeks to provide that if during the voyage, the master of indian ship is removed or superseded or quits the ship and is succeeded by the command by some other person, then, he shall deliver to his successor the various documents relating to the navigation of the ship and the crew thereof which are in his custody and a handing over note enlisting such documents and on receipt of such documents and the handing over note, the successor shall make an entry in the official log book to that effect which shall also be endorsed by the predecessorclause 107–– this clause seeks to provide that if due facilities shall be given by the government of any country outside india for recovering or apprehending seafarers who dessert from indian ship in that country, the central government may by notification declare that this clause shall apply to seafarers belonging to ships of such country, subject to such limitations or conditions as may be specified in the notification and if the seafarer belonging to ship of any country desserts then, on the application of a consular officer of that country shall aid in apprehending the desserter and for that purpose may on information given on oath, issue a warrant for his apprehension and on proof of the dessertion order him to be conveyed on board his ship or delivered to the master or mate of his ship or to the owner of the ship or his agent to be so conveyed and any such warrant or order may be executed accordinglyclause 108–– this clause seeks to provide for keeping of official log book for a ship exceeding two hundred tons gross and cast a duty on the master, owner or his agent of every ship for which an official log book is required to be kept, to deliver the official log book to the shipping master as and when required by him it further provides that no entry in the official log book shall be made in repsect of any occurrence prior to arrival of the ship at her final portclause 109––this clause empowers the central government to make rules to carry out the provisions of part v of the billclause 110–– this clause seeks to provide for application of part vi to indian vessels, and foreign vessels on matters related to safety and security and the port facilities on security aspects and company on matters relating to safety and securityclause 111––this clause seeks to define various expressions specific to chapter vi clause 112––this clause seeks to provide for compliance of various obligations under the international treaties to which india is a party each of these treaties specified therein contains certain obligations for the state, to enact suitable national legislation to implement and enforce the treaties fully and effectivelyclause 113–– this clause seeks to impose obligation on the master of a vessel to report any incident relating to safety of vessel, safety of persons on board, loss of dangerous cargo to the sea, matters affecting safe navigation, abandonment of vessels, etc, to an authority designated for this purpose by the central governmentclause 114––this clause seeks to impose obligation on the master of an indian vessel to provide assistance to any distress situation at sea, when he receives such a message seeking assistance it further provides that the master is duty bound to provide assistance until he is relieved of this duty and also provides for the mandatory maintenance of records and the circumstances in which the master is unable to provide assistanceclause 115–– this clause seeks to empower the central government for making arrangements for search and rescue at sea and establishment of rescue coordination centres and sub-centres by india as required under international convention on maritime search and rescue, 1979 and agreement related theretoclause 116––this clause seeks to provide for requirements of radio communication, distress and safety equipment and the certified operators required on shipsclause 117––this clause seeks to mandate that every vessel should possess the information relating to its stability and the effects of any damages to the vessel and the precautions for maintaining water tight integrity of the vesselclause 118––this clause seeks to provide loading of vessel as per loadline rules and contain provisions to detain a vessel from proceeding to sea if it is loaded in contravention of such rulesclause 119––this clause seeks to obligate every vessel to have appropriate certificates while carrying passengers between ports or places in india, or to or from any port or place in india from or to any port or place out side india it further provides for the central government to specify the conditions for passenger accommodation, passenger and crew amenities, and other facilities while carrying passengers and the master of every passenger vessel to oblige to make a statement about the passengers on board as provided by the rules by the governmentclause 120––this clause seeks to provide that every vessel should be in possession of valid safety and security certificates whenever she proceeds to sea as required under the convention or agreement referred to in clause 112clause 121––this clause seeks to provide various acts which constitute offences clause 122––this clause seeks to provide that no vessel shall carry or attempt to carry cargo in contravention of clause 120 or shall have on board or in any part thereof a cargo which is not in accordance with the certificate held by the vessel it further provides that for violations, the master shall be held liable and his certificate of competency shall be cancelled or suspended for such period as the central government may specify in an order made in this behalfclause 123––this clause seeks to provide that every person (owner or company or master) who sends an unseaworthy vessel to sea is guilty of an offence and it mandates the prior consent of the central government for prosecution of such personclause 124––this clause seeks to cast obligation on the ship owner, master or his agent to ensure the seaworthiness of the vessel for the voyage and to keep her in a seaworthy state during the voyageclause 125––this clause seeks to provide for implementation of safety and security management of the vessels and the port facilities where the vessels have an interface it further provides for maintaining different levels of security by vessels and ports depending on the security situation in the countryclause 126––this clause seeks to provide for the inspection and boarding of vessels, to verify compliance with requirements specified in part vi and to enforce the provisions under the bill and foreign flag vessels can be inspected under port state control being an obligation under the treaties it further provides for intervention such as detention as a part of the enforcement measure and also for entering into agreements with other countries or organisations for effective implementation of the provisions of this billclause 127––this clause seeks to make the central government liable to pay to the owner or master the costs for an unreasonable detention or undue delay it further provides that the owner of a vessel shall be liable to pay to the central government its costs of and incidental to the detention and survey of the vessel if the vessel is detained by reason of its condition or due to act of default of owner or master and the vessel shall not be released until such costs are paid and faults are rectifiedclause 128––this clause seeks to empower the central government to make the rules under part vi relating to safety and security aspectsclause 129––this clause seeks to specify the application of part vii it applies, inter alia, to indian vessels, ports and foreign vessels on matters related to prevention of pollutionclause 130––this clause seeks to define certain expressions which are specific to part viiclause 131––this clause seeks to prevent the ship-generated pollution such as the discharges or emissions of harmful substances or mixtures containing such substances it empowers the central government to make necessary rules for the construction, survey or equipment to be fitted on board ships for this purpose, and to specify the conditions for issuance of the certificates it further provides for the survey of the hull, equipment or machinery of vessel by surveyors and the manner in which certificates are issued to verify and demonstrate the compliance with the applicable pollution prevention requirements, under this part it also provides for controlling the deliberate dumping of wastes and other matter into the sea by shipsclause 132––this clause seeks to provide for meeting various obligations towards prevention of marine pollution under the international maritime treaties specified therein it further provides that the vessel, to which the provisions of the conventions mentioned therein are applicable, to comply with such pollution prevention requirements as may be provided by the rules it also empowers the government to prescribe different rules for pollution prevention for different classes of vesselsclause 133––this clause seeks to provide that every vessel (cargo vessel as well as passenger vessel) shall be in possession of valid pollution prevention certificates as per conventions specified under clause 132, whenever she proceeds to seaclause 134––this clause seeks to ensure that records of ship-generated wastes and disposal are mandatorily maintained, as per the rules made by the central government and also empowers the central government to make rules for the details of records, its custody, the manner in which these are to be maintained and such other related mattersclause 135––this clause seeks to provide that in order to prevent and control the discharges into the sea from ships, every port is required to have necessary facilities to receive the various kinds of wastes generated on ships it further provides that every port or place where the ship has an interface is obliged to provide necessary reception facilities under the applicable international conventions it also provides that the wastes generated during operation, repair and recycling of vessel are collected, handled, treated and disposed of in a safe and environmentally sound manner, to protect human health and the environment and empowers the port authority to impose suitable charges for providing such facilities for receiving wastes from ships it also empowers the central government to give directions in case there are no reception facilities at any port or place in india or that the facilities available at such port or place are not adequate for enabling vessel calling at such port or place to comply with the requirements of pollution preventionclause 136––this clause seeks to obligate the master of a vessel to make a report to the authority designated by the central government, whenever an incident in which the cargo or harmful substances as covered under part vii or the pollution prevention convention is escaping or likely to escape and may cause or threaten to cause pollution of air, any part of coasts or coastal waters of india and the responsibility of the master for failure in making such reports it empowers the central government to direct the owner, agent, master, charterer, operator, lessee or licensee of the vessel through a notice, to take immediate necessary action to prevent or control pollution, in case an incident of pollution occurs or likely to occur and also empowers the central government to take any suitable and appropriate measures, as deemed necessary, to prevent, mitigate or eliminate the threat or danger from pollution, whenever a pollution is caused or likely to be caused by release of harmful substances, or whenever a grave and imminent danger to the coastline or related interest is likely from an incident of pollution or threat of pollutionclause 137––this clause empowers the central government to give directions to indian ships to provide assistance in combating pollution, subject to payment of reasonable fees for the services providedclause 138––this clause seeks to empower the central government to make rules under part vii of the bill relating to pollution prevention aspects covered thereunderclause 139––this clause seeks to put an obligation that every vessel, port facility, shipyard, ship breaking and ship repairing units, offshore facilities or terminal shall be surveyed or audited towards verification of the requirements under the bill it further provides for the issuance of certificates after satisfactory completion of the survey or audit and once an audit or survey is done, no material change shall be effected without the permission of the central government and in case such modifications are made without informing the central government, such certificates are liable to be cancelled and prevents a vessel from proceeding to sea without the necessary certificates or documents, except when an exemption is granted by the central governmentclause 140––this clause seeks to provide that every vessel shall possess the prescribed certificates, as may be specified under the rulesclause 141––this clause seeks to empowers the surveyor for the inspection of the vessel as necessary and to board the vessel for implementation and enforcement purposesclause 142––this clause seeks to ensure that every vessel, company, port facility, shipyard etc shall be surveyed, audited and certified to confirm the compliance of requirements of various international conventions as specified therein it also provides for survey and certification of non-convention vesselsclause 143––this clause seeks to provide for the recognition of the certificates issued to ships outside india by the flag authority of the vesselclause 144––this clause seeks to enable indian vessels to be issued with certificates in other countries, as well as issuance of certificates to foreign vessels in indiaclause 145––this clause seeks to empower the central government to make the rules for the matters covered under part viiiclause 146––this clause seeks to specify the application of chapter i of part ix of the bill it applies to indian vessel; and any foreign vessel while it is in a port or place in india including the maritime zones under its jurisdiction as per the territorial waters, continental shelf, exclusive economic and other maritime zones act, 1976 or any other law for the time being in forceclause 147––this clause seeks to provide the methodology for the division of liability when collision, damage, or loss occurs on a vessel or vessels and full liability falls upon the vessel whose fault it lies upon and the total liability is shared depending upon proportion to the degree in which each vessel was to blame and the liability is applicable subject to either of the three criteria's specified therein do not get affected it also provides that references to damage or loss caused by the fault of a vessel shall also include cost due to any salvage or other expenses, after a damage or loss, which is recoverable by way of damages through any law in forceclause 148––this clause seeks to apply when compensation is to be paid in case of loss of life or personal injury; the joint liability of owners of vessels or liability of the owner of the vessel whose fault has been determined; whenever a loss of life or personal injuries are suffered by any person on board a vessel and it prevents depriving any person of any right of defense in court in an action brought against him by the person injured, or any person entitled to sue in respect of such loss of life or affect the right of any person to limit his liability in that particular caseclause 149––this clause seeks to provide for sharing of the contribution, in case excess payment of contribution is made by one of the vessel which exceeds the proportion in which vessel was in fault, then, the owner can recover by way of contribution the amount of the excess from the owners of the other vessel or vessels to the extent to which those vessels were respectively in fault and the recovery is to be carried out provided that no amount is recovered again, that is, if it has been recovered in the first instance as damages by the person entitled to sue due to a statutory or contractual limitation or exemption it also provides that for the purpose of recovering the contribution referred to therein, the same rights, and powers of the persons entitled to sue for damages in the first instance is available to the person entitled to any contribution and this recovery is in addition to any other remedy provided by law for the time being in forceclause 150––this clause seeks to impose a duty on the master of a vessel to assist the other vessel in case of collision between two vessels without endangering his vessel, crew and passengers it requires the master to save the other vessel from any danger caused by the collision and to standby near the other vessel until the other vessel needs no further assistance and also requires the master to exchange information such as name of its ship, port of registry, last port and next port of callclause 151––this clause seeks to provide for the requirement of recording of statement and circumstances leading to the collision in the log book by the master of every vessel and such entry is required to be signed by the master and also by the officer on watch or one of the seafarerclause 152––this clause seeks to mandate that, report has to be made to the central government or nearest principal officer in case an indian vessel has sustained or caused any accident which results in loss of life or any serious injury to any person or vessel has a material damage affecting her seaworthiness or her efficiency either in her hull or is so altered in any part of her machinery as not to correspond with the particulars contained in any of the certificates issued under this bill in respect of the vessel and such report is to be made by either the owner or master or agent, within twenty-four hours after the happening of the accident or damage or as soon as possibleclause 153––this clause seeks to provide that if the owner or agent of an indian vessel feels the vessel has been wholly lost due to non-appearance of the vessel or any other circumstances, they shall send notice to central government relating to the loss and cause of the loss along with the vessel particulars such as the name, official number and port of registry, etcclause 154––this clause seeks to specify the application of chapter ii of part ixrelating to limitation of liability for maritime claims it applies to indian ships, and any ship other than an indian ship while it is in a port or place in india including the maritime zones under its jurisdiction as per the territorial waters, continental shelf, exclusive economic and other maritime zones act, 1976 or any other law for the time being in forceclause 155––this clause seeks to provide for the limitation of liability to shipowner or salvor or person for damages in respect of claims, which are enlisted therein, due to their act, neglect or defaulting it further provides that the limitation of liability shall be applicable even if brought by way of recourse or for indemnity under a contract or otherwise it also specifies various other claims where the limitation of liability shall not applyclause 156––this clause seeks to provide that provisions of clause 155 cannot be applied to limit the liability if, the loss is resulted from a personal act or omission committed with the intent to cause the loss, or recklessly and with the knowledge that such loss would probably resultclause 157––this clause seeks to provide that when limitation of liability is set to apply for multiple claims of the same occurrence, then the claims shall be set off against each other and the provisions of chapter ii of part ix shall apply to the balance, if anyclause 158––this clause seeks to stipulate the limits of liability which will be calculated under the provisions of llmc convention and as per the rules where provisions of llmc convention are not applicable it further details the hierarchy in which the claims are to be paid, that is, this order shall be determined first by claims in respect of loss of life or personal injury followed by claims in respect of damage to harbour works, basins, waterways and aids to navigation it also provides that the limit of liability in case of salvor not operating from any vessel or for any salvor operating solely on the vessel to, or in respect of which he is rendering salvage services, shall be calculated according to gross tonnage of 1500clause 159––this clause seeks to provide that in respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship the amount limit of liability of the shipowner thereof shall be such as may be provided by rulesclause 160––this clause seeks to provide that the limits of liability as determined in clause 158 shall apply collectively in total to the claims which arise on any distinct occasion as specified therein it further provides that the limits of liability as determined in relation to limit for passenger claims shall apply in total to the claims which arise against the shipowner and any person for whose act, neglect or default he or they are responsible clause 161––this clause seeks to provide that limitation of liability can be invoked even if the limitation fund as mentioned in clause 162 has not been constituted it further provides that the person can only invoke the right to limit liability if the limitation fund has been constituted as per the provisions of this chapterclause 162––this clause seeks to provide for the constitution of limitation fund with the high court by any person alleged to be liable and against whom legal proceedings are being initiated for claims which are subjected to limitation and the fund shall be constituted in the sum of such of the amounts in accordance with the provisions of clause 158 or 159 as are applicable to claims for which that person may be liable together with interest thereon from the date of occurrence giving rise to the liablity until the date of the constitution of the fund it also provides that the fund amount so constituted shall either to be deposited or guarantee to be produced at the high court and the fund so constituted shall be available only for the payment of claims in respect of which limitation of liability may be invoked and also provide that the fund so constituted by one of the persons or his insurer shall be deemed to be constituted by all persons mentioned in clause 161clause 163––this clause seeks to provide that fund to be distributed among the claimants in proportion to their established claims against the fund based on the limitation of liability as stated in section 158 or 159 as applicable and if the person who is liable or his insurer settles a claim before the fund is distributed, then the right of the claimant maximum to the amount paid, is transferred to that person or insurer it further provides for allowing application with respect of transfer of rights by persons other than those mentioned in the said clause to the level provided by the law it also provides that the high court may order a sufficient sum to be provisionally set aside to enable a person liable or any other person to enforce his claim against the fund at a later date when this person liable or any other person proves that he needs to pay at a later date wholly or partly part any such amount of compensation with regard to which such person would have enjoyed a right of subrogation as provided thereinclause 164––this clause seeks to provide that once claim has been made against the fund by any person that person cannot exercise any right in respect of such claim against any other assets of a person by or on behalf of whom the fund has been constituted and if any ship or property which has been attached or arrested for a claim, belonging to a person on behalf of whom fund has been constituted, then, such ship or property may be released by an order of the high court it further provides that the provisions of this clause shall apply if the claimant claims the fund before high court administering that fund and if the fund is available and transferable with respect to that claimclause 165––this clause seeks to mandate the scope of application of the provisions of limitation of liability it provides that provisions of this clause does not apply to aircushion vehicles or floating platforms and when the person does not have his habitual residence in india or does not have his principal place of business in india or any ship in relation to which the right of limitation is invoked or whose release is sought and which does not at the time specified above fly the flag of a country, which is a party to the llmc conventionclause 166––this clause seeks to empower the central government to make rules for the matters specified under chapter ii of part ixclause 167––this clause seeks to specify the application of chapter iii of part ixthis chapter applies to oil pollution damage caused by indian ship and any ship other than an indian ship while it is in a port or place in india including the maritime zones under its jurisdiction as per the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force this section also applies to the preventive measure taken to minimise the oil pollution damageclause 168––this clause seeks to define certain expressions which are specific to this chapterclause 169––this clause seeks to provide for the liability of owner for any pollution damage caused by the ship it further provides for exemption of the owner from liability if he proves that the pollution damage is the result of an act of war, hostility, civil war, etc, and was wholly caused by an act or omission done with intent to cause damage by a third party and also the damage caused intentionally by a person who suffered the damage or from negligence of that person and specifies the persons against whom the claim for compensation for pollution damage under this chapter or otherwise cannot be madeclause 170––this clause seeks to provide that the owners of all the ships shall be jointly and severally liable for pollution damages in case an incident involves two or more shipsclause 171––this clause seeks to provide that owner may limit his liability under this chapter in respect of any incident, to an aggregate amount by the provisions of the 1992 liability convention unless it is proved that the pollution damage resulted from his personal act or omission, committed or made with the intent to cause such damage, or recklessly and with knowledge that such damage may probably resultclause 172––this clause seeks to provide for the constitution of a limitation fund by the owner, the insurer or any other person providing financial security to the owner either by depositing the sum with the high court or by furnishing bank guarantee or such other security as, in the opinion of the high court, is satisfactory it further provides that the constitution of the fund shall not prejudice to the rights of any claimant against the owner for full compensation exceeding the amount deposited or secured in the fundclause 173––this clause seeks to provide that before the fund is distributed, the owner or any of his servants or agents or any person providing him insurance or other financial security has as a result of an incident paid compensation for pollution damage, such person shall upto the amount he has paid, acquire by subrogation the rights which the person so compensated may have enjoyed under this chapter and such owner or insurer can also enforce his claim at a later date after the fund is constituted, in case the compensation has been paid before distribution of the fundclause 174––this clause seeks to provide for the power of high court to consolidate all the claims against the fund and to distribute the amount in the fund among all claimants in proportion to their established claims it further provides any claim in respect of expenses reasonably incurred or sacrifices reasonably made by the owner voluntarily to prevent or minimise pollution damage shall, rank equally with other claims against the fundclause 175––this clause seeks to provide that ship carrying more than 2000 tons of oil in bulk as cargo to maintain an insurance or other financial security to cover his liability for pollution damage under chapter iii of part ix for the amount specified under the provisions of the 1992 liability convention and a certificate to that effect shall be issued by the central government to every indian ship and owner or agent of any foreign ship on payment of a fee as may be specified by rulesclause 176––this clause seeks to provide that the certificate issued by a competent authority in any country outside india which is a contracting party to the 1992 liability convention to any ship wherever it is registered shall be accepted at any port or place in india as if it were issued under the provisions of this billclause 177––this clause seeks to mandate that ships which has on board 2000tonnes of oil in bulk as cargo shall not enter or leave any port or place in india unless it carries the certificate as per the requirements of clause 175 or clause 176 it further provides that the proper officer shall grant inward entry or outward clearance to any ship only when its master produces a certificate as aforementionedclause 178––this clause seeks to provide for the direct liability of the insurer or other person providing financial security for payment of compensation it further provides that the insurer or other person may limit his liability in accordance with the provisions of clause 171 provided that the owner has not exercised this option or avail himself of the defenses which the owner himself would have been entitled to invoke and the defendant may avail himself of the defence that the pollution damage resulted from the wilful misconduct of the owner himself, but the defendant shall not avail himself of any other defence which he might have been entitled to invoke in proceedings brought by the owner against himclause 179––this clause seeks to provide for the limitation period of three years for claiming compensation from the date of oil pollution damage or six years, if the incident consists of a series of occurrencesclause 180––this clause seeks to exempt the war ships or any ship used by the government from the application of chapter iii of part ixclause 181–– this clause seeks to empower the central government to make rules for the matters covered under chapter iii of part ixclause 182–– this clause seeks to provide for the application of chapter iv of part ix relating to civil liability for bunker oil pollution damageclause 183–– this clause seeks to define certain expressions specific to this chapter clause 184–– this clause seeks to provide the types of liabilities with respect to pollution caused due to bunker oil discharge or escape which the ship owner shall be liable forclause 185–– this clause seeks to exempt from liability for the ship owner, in certain situations such as, if the pollution damage is caused due to act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or was wholly caused by any act or omission done with an intent to cause such damage by any person other than an employee or agent of the owner it further provides to exonerate the liability of the ship owner when it is proved that the person suffered the damage has intentionally done the damage or due to negligence an oil pollution damage was causedclause 186–– this clause seeks to provide for the ship owner or insurer to limit his liability for one or more incidents specified therein in accordance with chapter ii of part ixclause 187–– this clause seeks to provide for determination of limitation of liability by the high court and the amount once determined has to be deposited with the high courtclause 188–– this clause empowers the high court to consolidate all claims and distribute the amount amongst the claimantsclause 189–– this clause seeks to stipulate the limitation period of three years for claiming compensation from the date of bunker oil pollution damage or six years if the incident consists of a series of occurrencesclause 190–– this clause seeks to provide that the owner of ship of more than gross tonnage of thousand has to maintain compulsory insurance coverage or financial security to the limits specified under the provisions of the llmc conventionclause 191––this clause seeks to provide for authority for direct action against the insurer or other person providing financial security it provides that the insurer or other person may limit his liability in accordance with the provisions of clause 183 provided that the owner has not exercised this option or avail himself of the defenses which the owner himself would have been entitled to invoke it further provides that the defendant may avail himself of the defence that the pollution damage resulted from the wilful misconduct of the owner himself, but the defendant shall not avail himself of any other defence which he might have been entitled to invoke in proceedings brought by the owner against himclause 192––this clause seeks to provide that the central government shall issue a certificate which complies with the provisions of clause 190 on payment of fee as may be specified by rules and makes provisions for renewal on its expiryclause 193––this clause seeks to provide that no ship can enter or leave any port or place in india unless it has the certificate as per the requirements of clause 192 of this chapter and the proper officer shall grant inward entry or outward clearance to any ship only when its master produces a certificate as mentionedclause 194––this clause seeks to provide that the right of the ship owner to demand compensation against any other person for his liabilityclause 195––this clause seeks to confer authority of the enforcement of the judgement of the courtclause 196––this clause seeks to empower the central government to make rules for the matters covered under chapter iv of part ixclause 197––this clause seeks to provide for application of chapter v of part ix to oil pollution damage caused within the territorial waters and specifically the maritime zones under its jurisdiction in accordance with the provisions of the territorial waters, continental shelf, exclusive economic zones and other maritime zones act, 1976 or any other law for the time being in force and also to the preventive measures taken to prevent or minimise the oil pollution damageclause 198––this clause seeks to define certain expressions specific to chapter v of part ixclause 199––this clause seeks to provide for the contribution to the fund by the importer or the receiver in respect of contributing oil carried by sea to ports or terminal installations in india as per articles 10 and 12 of the fund convention and also stipulates minimum quantity of 1,50,000 tons per year of oil import as specified in fund convention, above which the fund has to be paidclause 200––this clause seeks to provide for the requirements of the minimum contribution payable by persons to the fund which is determined by the assembly of the fund under articles 10 and 12 of the fund convention and the power of the central government to require the persons to give financial security for payment of contributions to the central government or the fundclause 201––this clause seeks to provide for situations where the fund can be invoked and liable to pay compensation as specified therein it further provides the situations where fund does not have an obligation to pay the compensationclause 202––this clause seeks to empower the central government, to call for information, in particular, the name and addresses of the persons to whom the provisions of clause 197 shall apply and the person making disclosure needs to follow certain conditions specified therein and the liability of person for punishment in case of refusal to comply with the conditions of noticeclause 203––this clause seeks to provide for the claims against the fund and state that any claim against the fund for compensation under this chapter shall be brought directly before the fund and provides that the jurisdiction of high court shall be applicable for any action for the claim against the fund it further provides that the fund's right to intervene as a party to any legal proceedings instituted in the high court against the owner or his guarantor and makes judgment of the high court as final even if the fund has not intervened in its proceedingsclause 204––this clause seeks to stipulate the limitation period for claim against the fund within a time-frame of minimum three years and that no action to enforce a claim shall be brought after six years from the date of the incident that caused such damageclause 205––this clause seeks to provide for the subrogation of right of which the person so compensated would have enjoyed under the fund convention when any sum is paid by the fund or any public authorityclause 206––this clause seeks to empower the central government to make rules to carry out the provisions of the fund conventionclause 207––this clause seeks to define the marine casualty and mandate on the owner, manager, operator, company, pilot, harbour-master, master, or other person in charge of the vessel, to give notice of the occurrence of casualty within twenty-four hours of such occurrence to the office appointed by the central government for the purpose and such officer shall forthwith report in writing the information to the central government and may proceed to make preliminary inquiry into the marine casualty and shall furnish the report on completion of independent inquiry into the incident it further empowers the central government to appoint a body to make preliminary assessment of the marine casualty and conduct a marine safety investigation for ascertaining its causes and circumstances and submit its report to the central governmentclause 208––this clause seeks to empower the central government to initiate administrative action or to pass direction for proceeding in accordance with the law, if on receipt of report under sub-clause (5) of clause 207 or otherwise, it is of the opinion that primafacie, there exists, incompetency, misconduct or violation of any law for the time being in force on the part of any personclause 209––this clause seeks to empower the central government to cancel or suspend any certificate granted under this bill to any seafarer for any specified period, by way of an order, based on inquiry report or for any other default of seafarer listed under that clauseclause 210––this clause seeks to empower the central government to order rehearing either generally or for a part thereof of an investigation or inquiry under part x and in case of new and important evidence which could not be produced at the time of investigation has been discovered, or if for any other reason there has, in its opinion, been a miscarriage of justice, the central government is duty bound to order such re-hearingclause 211––this clause seeks to specify the application of part xi to wrecks located within territory of india including the territorial sea or any marine area adjacent thereto over which india has exclusive jurisdiction under the territorial waters, continental shelf, exclusive economic and other maritime zones act, 1976 it further specifies units or ships of government for non-commercial use and casualties involving oil pollution in accordance with intervention on the high seas in cases of oil pollution casualties,1969 for which this part is not applicableclause 212––this clause seeks to define certain expressions specific to part ix clause 213––this clause seeks to empower the central government to appoint person to receive wreck and aurhorise him to take possession of wreck and take action for disposal or removal by available means for safety and protection of marine environment, as prescribed under the billclause 214––this clause seeks to mandate the reporting of incident resulting in wreck it provides that every master or owner or operator of indian and foreign vessel involved in a maritime casualty resulting in a wreck in indian waters or waters of other country which is a party to the convention to report such incident to the receiver of country appointed by the central government and to the authorities of affected country without any delayclause 215––this clause seeks to provide for the criteria for determination of possible hazards and enlists therein various parameters that determine such hazardsclause 216–– this clause seeks to empower the central government to give direction to receiver of wreck and others specified therein to locate and mark the wreck as applicable and also obligates the owner or operator of vessel to mark the wreck at its own cost until the wreck is removed and ensures that the cost towards locating and marking of wrecks is borne by owner or operator of wreckclause 217––this clause seeks to give power to pass over adjoining lands to all persons for rendering assistance to ship for saving shipwrecked persons, its cargo and equipment and obligates concerned persons to minimise damage to cargo or any article recovered from shipwrecked which may be deposited on land and the disputes relating to damage expected by owner or occupier shall be decided by a magistrate when application made to him clause 218––this clause seeks to specify the prohibition of acts such as attempt to board or leave wreck ship without permission of master or receiver of wreck or an attempt to bring obstruction in action of saving ship, cargo and equipment, removing marks or any part of vessel as stipulated under the provisions of the billclause 219––this clause seeks to give power to receiver to make application to judicial magistrate of the first class or metropolitan magistrate for search warrant, if receiver suspects that wreck is secreted and possessed by person who is not owner and empowers the judicial magistrate to grant warrant authorsing receiver to search for wreck possessed by person who is not the owner of wreckclause 220––this clause seeks to provides for measures that facilitates the removal of wrecks and mandates the receiver to forward detailed informations to central government on determination of possible hazards as stipulated in clause 215 it empowers the central government to inform concerned government, affected country and registered owner of the vessel regarding the hazards, measures to be taken to wreck and removal of wreck and the decision of central government thereof shall be final it also mandates the owner of wreck vessel to provide financial security or evidence of insurance to central government or receiver of wreck appointed by the central government and gives power to the receiver to set period for removal of wreck and empower him to remove wreck by realistic means with due regard to safety and protection of marine environment at the expense of owner or operatorclause 221––this clause seeks to provide the liability of owner in respect of cost to be borne by registered owner for locating, marking and removing the wreck it further provides that the owner may provide evidence of occurrence of marine casualty resulting in wreck such as war, hostilities or any act of non-maintainance of lights or navigational aids by concerned authorities and such liability covers the limit as specified under the provisions of clause 155 of the billclause 222––this clause seeks to mandate that every registered owner of indian ship of gross tonnage of three hundred tons and above should be in possession of valid insurance coverage or financial security and the owner of vessel whether indian or from other country, which do not carry certificate, is liable for detention by authorities and the cost or claims arising under the part should be directly against the insurer or person that provides financial security as per circumstances listed which may invoke defence by insurerclause 223–– this clause seeks to specify the circumstances where registered owner may not be liable to bear the cost as prescribed in part xi and specifies the extent of cost borne by the registered owner and its exception in accordance with other applicable treaties, instruments, as the case may beclause 224––this clause seeks to specify the claims of the owner to wreck and time limit of his entitlement to possess wreck back which is in possession of receiver of wreck and empowers the consular officer to act as agent of owner for custody and disposal of the articles from wreck vessel on behalf of the country where the vessel is registered or, cargo owners belongs to that country within a period of one year for said claimclause 225––this clause seeks to set limit for recovery of cost and stipulates the time period of three years from the date of determination of marine casualty for locating and marking of the vessels and provides that no claim shall be made after the period of six years from the date of such casualtyclause 226––this clause seeks to provide for the application of chapter ii of part xiwhich includes judicial or arbitral proceedings relating to salvage operations instituted in india and specifies therein the units, ships and other non-commercial vessels for which this clause shall not be applicableclause 227––this clause seeks to define certain expressions specific to chapter iiof part xiclause 228––this clause seeks to provide for the salvage award for the assistance rendered by the master of a vesselclause 229––this clause seeks to specify the conditions, circumstances and location when salvage is payable to the salvor for saving life, cargo or wreckclause 230––this clause seeks to provide for the entitlements of salvage payments when services are provided by the government vessels such as indian navy or of the coast guard and port authoritiesclause 231––this clause seeks to provide that the master have the authority to conclude contracts for salvage operations on behalf of the owner of the property on board the vesselclause 232––this clause seeks to provide for the duties of salvor towards owner of the vessel or other property in danger and specifies the duties of the owner, master of the vessel or the owner of other property who is in danger towards salvorclause 233––this clause seeks to provide for the measures to be taken by the central government to protect its coastline from threat of pollution consequential to occurrence of maritime casualty and empowers the central government to issue directions to the owner or the master or salvor and other public authorities associated with salvage operations and seek their cooperation to initiate salvage services for vessel in distressclause 234––this clause seeks to provide for the rights of salvors to payment for the services rendered by him to salvage operations in the event of refusal of payments by the owner or master of vessel or owner of any other property in danger and enlists the criteria, circumstances and conditions for claiming rewards and maritime lien by the salvorclause 235––this clause seeks to provide for settlement of disputes relating to claims under the provisions of part xi and empowers the high court to determine the costs to be paid and to issue necessary directions for such payments if deemed fit and fair, after receipt of application from either of disputing partyclause 236––this clause seeks to specify the time limit of two years from the date of completion of salvage operations for raising claims and action thereof by all concernedclause 237––this clause seeks to provide that nothing in chapter ii of part xi shall affect any treaty or arrangement with any foreign country to which indian is a party with reference to the disposal of wrecks on their respective coasts or the provisions of section 29of the indian ports act, 1908 or any person to salvage in respect of any property recovered by creeping or sweeping in contravention of that sectionclause 238––this clause seeks to empower the central government to make rules to carryout the provisions contained in part xiclause 239––this clause seeks to provide for the application of part xii to all vessels including vessels other than indian vesselsclause 240––this clause seeks to direct that any vessel engaged in coastal trade or exploration or exploitation or research in coastal waters of india shall require a licence and stipulates that no vessel chartered by an indian citizen, company or cooperative society to be taken to a port or place within india or outside india without licence granted by the director-general and the indian controlled tonnage may also be granted licence subject to certain conditions it further provides that the central government shall have the power to exempt any class of vessel by general or special order from the provision of this clauseclause 241––this clause seeks to empower the director-general to revoke and modify the licence after giving reasonable hearing to the person and provides that in case the licence ceases to be valid, the person to whom it was granted shall return it back to the director-general without any delayclause 242––this clause seeks to direct that no port clearance shall be given by the proper officer to the owner, master or agent of a foreign vessel unless such a licence is produced which is issued under this partclause 243––this clause seeks to empower the director-general, in public interest or in the interest of indian shipping if it is necessary, to give order in writing or notice for matters stipulated therein and also empowers the central government in public interest to ban any vessel from entering into india, anchorage or offshore facility in indiaclause 244––this clause seeks to empower the central government to protect the interest of indian shipping from undue foreign intervention and stipulates certain measures by a foreign country which infringes the jurisdiction of india and which can be brought to notice of the central government by the indian citizen carrying business in that country and the central government may in turn give order in writing prohibiting indian citizens from complying with such measure it further provides that the central government may by order in writing refuse to give commercial information to any court or authority of a foreign country and prohibits any person from complying with such an order by foreign authority or court subject to the conditions as specified in the said orderclause 245––this clause seeks to empower to the central government to make rules for carrying out the provisions contained in part xiiclause 246––this clause seeks to provide for application of part xiii it applies to sailing vessel, fishing vessel, vessel without mechanical of propulsion and vessel whose net tonnage is less than fifteen and engaged solely in coasting trade of india and the extent to which other provisions in the bill to apply to such vesselclause 247––this clause seeks to empower the director-general to take a decision on whether the vessel falls under part xiii or not and makes his decision thereon as finalclause 248––this clause seeks to provide by rules the safety, security and pollution prevention requirements and ensure that these requirements are met and to prohibit the vessels from proceeding to sea, unless they comply with the provisionsclause 249––this clause seeks to put an obligation on the vessels to have all certificates specified in part xii, before proceeding to sea and the manner in which safety certificates are to be issued and the power of government to provide of by rules for this purpose and the period validity of certificatesclause 250––this clause seeks to impose an obligation on the maintenance of the statement or cause to be maintained a statement about the crew of the vessel and to keep the record of the changes in crew and its communication to the shipping masterclause 251––this clause seeks to mandate that whenever cargo is jettisoned from vessel, notice shall be given to proper officer appointed for this purpose, and empower the proper officer to conduct an enquiryclause 252––this clause seeks to provide for detaining a vessel while attempting to proceed to sea in overloaded condition or carrying passengers in excess of the certified capacity and empowers the proper officer to board the vessel whenever necessary and obligates the master, owner and every other person to provide all reasonable facilities for the survey or auditclause 253––this clause seeks to provide with the power to detain the vessel which is unseaworthy or likely to pose a threat to the security or the environment it provides for the liablility of the person in charge of the vessel in respect of such unseaworthiness or threat to the security on indian coasts or offshore installations under any other provisions of this billclause 254––this clause seeks to empower the central government to exempt vessels from the applicable requirements, if it is satisfied that the requirements have been substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the caseclause 255––this clause seeks to empower the central government to make rules for carrying out the provisions contained in part xiiiclause 256––this clause seeks to provide the penalties for the contravention of the provisions as specified therein it empowers the principal officer to impose the monitory penalty, against which an appeal shall lie to the director-general it further provides that the competency to sentence the imprisonment has been vested with the court only and the table, inter alia, indicates the contravention made and the penalty to be imposed and specifying the competent authority for imposing such penaltyclause 257––this clause seeks to provide for that any person committing any offence under the bill may be tried at a place in which he may be found, or in any court which the central government may, by notification, direct in this behalf, or in any court in which he might be tried in any other law for time being in forceclause 258––this clause seeks to empower the metropolitan magistrate or a judicial magistrate of the first class to pass any sentence authorised by or under this bill on any person convicted of an offence under this enactment or any rules or regulations made thereunderclause 259––this clause seeks to provide that the report of the proper officer is required for enforcement of penalties, under section 256, against the masters or owners of special trade passenger vesselsclause 260––this clause seeks to provide that in case the person committing an offence under this bill is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of its business, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly and if such person proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence, such person need not to be subject to punishment and at the same time if it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect, such person shall be punished accordingly as per provisionsclause 261––this clause seeks to provide for depositions to be received in evidence when witness cannot be produced it provides that for the purpose of evidence during the legal proceedings, if the testimony of any witness is required in relation to the subject-matter, and the defendant or the person accused, as the case may be, after being allowed a reasonable opportunity for so doing, does not produce the witness before any court or metropolitan magistrate or a judicial magistrate of the first class or person authorised, any deposition previously made by the witness in relation to the same subject-matter before any court or metropolitan magistrate or a judicial magistrate of the first class in any other place in india or, if elsewhere, before any indian consular officer, shall be admissible in evidence it also provides that such deposition need to be authenticated by the signature of the presiding officer of any court or metropolitan magistrate or a judicial magistrate of the first class or consular officer, before whom it is made and also be subject to certain other conditions as enumerated thereinclause 262––this clause seeks to empower the high court to detain a foreign vessel that has caused the damage caused to property belonging to the government or to any citizen of india or a company, when such vessel is found within indian jurisdiction and empowers the proper officer to detain such vessel if it is expected that the vessel may depart and allow the application to be made by any person to high court for detention of the vesselclause 263––this clause seeks to provide that when an order for the detention of the vessel has been made, any commissioned officer of the indian navy or indian coast guard or any port officer, pilot, harbour master, conservator of port or customs collector may detain the vessel under instructions of proper officer and any contravention of detention order or notice is an offenceclause 264––this clause seeks to provide that if an order for the payment of any wages or other sums of money has been made but has not been paid, then such payment may be levied by distress and sale of the movable property of the person directed to pay the same under a warrant to be issued for that purpose by such a court or metropolitan magistrate or a judicial magistrate of the first classclause 265––this clause seeks to provide that in case any foreign vessel is detained under this bill, or if any proceeding is taken under this bill against the master, owner or agent of any such vessel, notice shall forthwith be served on the consular officer of the country in which the vessel is registered, at or nearest to the port where the vessel is for the time being, specifying the grounds of such detention or the proceedingsclause 266––this clause seeks to provide the manner of service of documents on any person, such as, personal delivery, leaving the same at his last place of abode, or by post and if such delivery is to be made to the master of a vessel then such document may be left on board with person in command of the vessel and if no master or owner or agent is there, it may be affixing to the master of the vessel or at a suitable place on the bridgeclause 267––this clause seeks to put responsibility on the master of a vessel to inform about birth, death, and cause of death or any other relevant details that the central government may specify at the next port or place of callclause 268––this clause seeks to put responsibility on the master of indian vessel to inform of any person missing or died on board to the director-general and the proper officer of the port or the next port of call it provides that on receiving the information, the proper officer would inquire into the causes of death and make in the official log book an endorsement to that effect whether the statement of cause of death is true or not or contrary to the result of inquiry it further provides that if it appears to the proper officer that the death occurred due to violence or other improper means, shall, report to the director-general and in case of emergency, shall take immediate steps for bringing the offender into trialclause 269––this clause seeks to provide for certain persons mentioned therein to be public servants within the meaning of section 21 of the indian penal codeclause 270––this clause seeks to empower an officer conducting investigation and inquiry to board a vessel to inspect or detain a vessel, etc, and prohibits any person to hinder or obstruct any officer or person referred above from going on board any vessel or otherwise impede him in exercution of his duties or exercise his powersclause 271––this clause seeks to empower the central government to permit such alternate provisions and arrangements in order to meet the requirements of the convention through a noticeclause 272––this clause seeks to empower the central government to give permission for a nuclear ship to proceed to sea and the central government by general or special order give such direction to the registered owner of the vessel for taking security measure as is necessaryclause 273––this clause seeks to exempt the application of this bill to veseels belonging to government or to any class of such vesselsclause 274––this clause seeks to empower the central government by order, to impose or exempt any vessel or tindal or seafarer or any class thereof, from any specified requirement contained in or prescribed in pursuance of this bill or dispense with the observance of any such requirements in the case of any vessel or tindal or seafarer, or any class thereof if it is satisfied that the requirements have been substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the case subject to restriction which is prohibited by the safety convention or pollution prevention convention and makes it an offence for breach of any such conditionclause 275––this clause seeks to empower the central government to make rules generally to carry out the provisions of the billclause 276––this clause seeks to provide for the publication of rules in the official gazette subject to previous publication and also makes the breach of it as punishable it further provides that every rule made and every notification issued by the central government shall be required to be laid before each house of parliamentclause 277––this clause seeks to protect any person acting in good faith from any suit or other legal proceedingsclause 278––this clause seeks to empower the central government to enter into agreement with other countries or organisations for effective implementation of the provisions of the billclause 279–– this clause empowers the central government to make, by order published in the official gazette, provisions for removal of difficulties in giving effect to the provisions of the bill and restrict the power to make such order within a period of three years and mandates every such order issued under this clause to be laid before each house of parliamentclause 280––this clause seeks to repeal the merchant shipping act, 1958 and the coasting vessel act, 1838 it provides for saving of various actions undertaken under the said enactments as specified therein financial memorandumclause 4 of the bill provides for establishment of the national shipping board by the central government to advise it on matters relating to indian shipping including the development thereofclause 5 of the bill provides for constitution of seafarers welfare board by the central government for advising it on the measures for promoting the welfare of the seafarersclause 6 of the bill empowers the central government to appoint the director general of shipping for discharging the powers, authorities or duties under the provisions of the billclause 7 of the bill empowers the central government to appoint surveyors at such port or place as it may consider necessaryclause 8 of the bill empowers the central government to appoint radio inspectors relating to radio communicationclause 9 of the bill empowers the central government to establish and maintain office of mercantile marine department in the ports of mumbai, kolkatta, chennai, kochi, kandla and such other ports or places for the administration of the provisions of the billclause 10 of the bill empowers the central government to establish shipping office and appoint shipping master and other officers as it may consider necessaryclause 11 of the bill empowers the central government to establish at every port a seafarer's employment office and shall appoint thereto a director and as many deputy directors and assistant directors as it may consider necessaryclause 12 of the bill empowers the central government to appoint seafarers welfare officer in any port or place outside indiaclause 54 of the bill provides for fee to be paid to the examiner appointed to examine the qualification of persons desirous of certificate of competency or certificate of proficiencyclause 115 of the bill provides for making arrangements for search and rescue at sea and establishment of rescue coordination centres and sub-centresclause 135 of the bill empowers the port authority to impose suitable charge for setting up facilities to receive wastes, facilities for handling, treatment and disposal of wastes generated on ships in an environmentally sound manner by public sector portsthe expenditure on establishing the national shipping board, constituting the seafarer welfare board, appointing the director general of shipping, the surveyors, the radio inspectors, establishing and maintaining office of the mercantile marine departments, establishing shipping office and appointing shipping master and other officers, establishing at every port a seafarer's employment office and appointing director, deputy directors and assistant directors, appointing the seafarers welfare officer, fee to be paid to the examiners will be met out of the existing budgetary allocations of the ministry of shipping the arrangements for search and rescue at sea and the establishment of rescue coordination centres and sub-centres are already in place and do not involve any additional expenditure the expenditure of setting up facilities to receive wastes, reception facilities and the facilities for handling, treatment and disposal of such wastes in an environmentally sound manner by public sector ports, or places which have an interface with ships, will be met from their own budget and charges imposed on ships for providing such facilitiesthe bill, therefore, if enacted, will not involve any additional expenditure of recurring or non-recurring nature memorandum regarding delegated legislationsub-clause (7) of clause 4 of the bill empowers the central government to make rules for the matters relating to the term of office of members of the shipping board; the manner of filling vacancies in the shipping board; the travelling allowances and other allowances payable to the members of the shipping board; and the manner of appointment of officers and other employees of the shipping board and the terms and conditions of their service2 sub-clause (2) of clause 5 of the bill empowers the central government to make rules for the matters relating to the composition of the welfare board and the term of office of members thereof; the procedure to be followed in the conduct of business by the welfare board; the travelling and other allowances payable to the members of the welfare board; the rate of levy of fee payable by owners of vessels for the purposes of providing amenities to seafarer and for taking other measures for the welfare of the seafarer; the procedure by which any such fee may be collected or recovered and the manner in which the proceeds of such fees, after deduction of the cost of collection, shall be utilised for the purpose specified in sub-clause (d)3 clause 50 of the bill empowers the central government to make rules to carry out the purposes of the provisions of the part iii of the bill sub-clause (2) specifies the matters in respect of which such rules may be made these matters, include the conditions for registration of an indian vessel; the manner of keeping the register book and making entries therein and maintenance of the records of vessels registered under this bill; the form and manner of making application for registry of an indian vessel; the other particulars descriptive of the identity of vessel; the manner of making endorsement; the procedure for issuing a provisional certificate of registry; the form of mortgage; the form of instrument effecting the transfer; the manner of description of the name, call sign and official number of indian vessel; the fee for inspection of register book and a certified copy of any entry of the register book; the procedure for registration of vessel chartered on bareboat charter-cum-demise and any other matter which is required to be or may be made4 clause 59 of the bill empowers the central government to make rules to carry out the purposes of the provisions of part iv of the bill sub-clause (2) specifies inter alia, the manning scale of seafarers; the different manning scales in relation to different categories of vessels, areas and type of operations; the requirement and grant of certificates, its form fees and its valid period and the manner of keeping the copies of certificates; the manner of conducting examination for certificate of competency or proficiency, the fee for grant of such certificate and any other matter which is required to be or may be made5 sub-clause (1) of clause 62 of the bill empowers the central government to make rules for classification of seafarers into different categories, the minimum manning scale of seafarers of such categories and the different scales of different classes to ships6 clause 68 of the bill empowers the central government to make rules, having regard to the provisions of the maritime labour convention, for the matters relating to the seafarer's employment officer these matters, include the payment of wages; hours of work and hours of rest; leave entitlement; accommodation, recreational facilities, food and catering; health protection, medical facilities, welfare and social security protection7 sub-clause (8) of clause 86 of the bill empowers the central government to make rules with respect to relief, maintenance and return to the proper port of a seafarer found in distress; the circumstances in which and the conditions subject to which the seafarer may be relieved; and to carry out the provisions of part v of the bill relating to distressed seafarer8 clause 109 of the bill empowers the central government to make rules to carry out the provisions of part v of the bill sub-clause (2) enumerates the matters in respect of which such rules may be made these matters, include the continuous discharge certificate and seafarers identity documents; other function and duties of the seafarers employment offices; the form, manner of issue of continuous discharge certificates; seafarers identity documents and fees for such certificates and documents; the qualifications of seafarers; the manner of discharge from service of seafarers; the restrictions and conditions for utilisation of any amount deposited with or recovered from shipping master; the form and manner of keeping log book and any other matter which is required to be or may be made9 clause 128 of the bill empowers the central government to make rules for safety and security requirements applicable to vessel, company or port facility under part vi of the bill sub-clause (2) thereof enumerates the matters in respect of which such rules may be made these matters, include the safety and security requirements for different classes of vessels; the manner of reporting the particulars of incidents and the authority to whom such particulars to be reported; the communication equipment, distress and safety equipment to be equipped and maintained, and the certified operators to be provided; the requirements for safety or security management; the provisions with regard to insurance, classification and condition of vessel; any other matter which is required to be or may be made10 sub-clause (1) of clause 131 of the bill empowers the central government to make rules for requiring indian vessel to be fitted with such equipment and to comply with such requirements relating to construction, survey of equipment and structure of such vessel and specifying conditions, prior to issuing a certificate under part vii of the bill11 clause 138 of the bill empowers the central government, having regard to the pollution prevention convention, to make rules to carry out the purposes of part vii of the bill sub-clause (2) enumerates the matters in respect of which such rules may be made these matters, include the conditions to comply the provisions of the conventions; the pollution prevention requirements; the form and manner and other matter relating to maintenance of record book; the reception facility, surveillance, supervision and guidance; the manner reporting the incidents to the authority to whome the incident to be reported and any other matter which is required to be or may be made12 clause 143 of the bill empowers the central government to make rules for recognition of a certificate issued under a convention in respect of vessel other than indian vessel by the government of the country to which the vessel belongs13 clause 145 of the bill empowers the central government to make rules to carry out the purposes of part viii of the bill sub-clause (2) enumerates the matters in respect of which such rules may be made these matters, include the requirements for verification of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal; the manner of requirements and the manner of survey, audit and certification of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal and modification, revocation, suspension, cancellation or surrender of the certificates and documents; the certificates to be possessed by a vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal; the manner of compliance for survey, audit and certification; the requirement and the manner of survey, audit and certification of different classes of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities; and any other matter which is required to be or may be made14 clause 166 of the bill empowers the central government having regard to the llmc convention to make rules to carry out the purposes of chapter ii of part ix of the bill sub-clause (2) provides that the rules may be made in matters relating to the limits and liability in cases where the llmc convention not applicable; the amount of limit of liability of the owner for loss of life or personal injury to passengers of a ship and any other matter which is required to be made or may be made15 clause 181 of the bill empowers the central government to make rules to carry out the provisions of chapter iii of part ix of the bill sub-clause (2) provides that the rules may be made in matters relating to the form of certificate and particulars to be given thereto; the fees to be charged for issue of certificates and any other matter which is required to be or may be made16 clause 196 of the bill empowers the central government to make rules to carry out the provisions of chapter iv of part ix of the bill sub-clause (2) provides that the rules may be made in matters relating to the limits of liability of the insurer or other person providing financial security; the form of certificate, the particulars containing therein with the conditions and fee for issue of certificate; the renewal of certificate and fees therefor and any other matter which is required to be or may be made17 clause 206 of the bill empowers the central government to make rules to carry out the provisions of the fund convention18 clause 238 of the bill empowers the central government to make rules to carry out the provisions of part xi of the bill sub-clause (2) enumerates the matters in respect of which such rules may be made these are the matters relating to manner of marking wreck; the time limit to remove the wreck; the other financial security; the measures to be taken to protect the coastline or related interest from pollution or threat of pollution; the criteria for calming rewards, the manner of fixing rewards, the payment of special compensation, the apportionment of payment amongst salvors, the salvage of persons, the payment under the contract, the payment for additional services not covered under the contract and the effect of misconduct of salvors on reward or payment and any other matter which is required to be or may be made19 clause 245 of the bill empowers the central government to make rules to carry out the provisions of part xii of the bill sub-clause (2) thereof enumerates the matters in respect of which such rules may be made these matters, inter alia, include the form of licence and the valid period of such licence and any other matters which is required to be or may be made20 clause 255 of the bill empowers the central government to make rules to carry out the provisions of part xiii of the bill sub-clause (2) provides the rules may be made in matters relating to the scale of manning and fittings material, appliance and apparatus to be carried on board by indian vessels; the certificates required to ply or proceed to sea by a vessel; the manner of issuance of grant of certificate and the period for which the said certificate shall be in force; the form for maintaining a statement of the crew of the vessel and any other matter which is required to be or may be made21 clause 275 of the bill empowers the central government to make rules to carry out the provisions of the bill in respect of matters contained elsewhere in the bill22 clause 276 of the bill provides for the rules to be published in the official gazette subject to previous publication and every rules made or notification issued under this bill shall be laid before each house of parliament23 clause 279 of the bill empowers the central government to make an order published in the official gazette, for removal of difficulties in giving effect to the provisions of this bill, and every such order issued shall be laid before each house of parliament24 the matters in respect of which rules may be made or notifications to be issued 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 powers is, therefore, of a normal character ———— a billto consolidate and amend the law relating to merchant shipping to ensure compliance with the country's obligation under the maritime treaties and international instruments to which india is a party and also to ensure the efficient maintenance of indian mercantile marine in a manner best suited to serve the national interest————(shri nitin gadkari, minister of road transport, highways and shipping)gmgipmrnd—3809ls(s3)—08-12-2016 the merchant shipping bill, 2016 [to be/as introduced in lok sabha]1 page 40, line 10,- for "international convention " read "the international convention " 2 page 43, second last line,- for "sub-section (1) section 112" read " sub-section (1) of section 112" 3 page 43, last line,- for "sub-section (1) that " read "sub-section (1) of that " 4 page 44, line 25,- omit "and " 5 page 44, line 31,- for "high seas;" read "high seas; and" 6 page 48, first line,- omit "and" 7 page 48, line 35,- for "under clauses " read "under clause" 8 page 54, in the marginal heading against clause 161,- omit "without constitution of a limitation" 9 page 54, line 25,- for "law or the" read "law for the" 10 page 59, line 23,- for "rights of " read "the rights of " 11 page 59, omit marginal citation against line 44 12 page 72, line 13,- for "specified under" read "under " 13 page 73, line 29,- for "to salvers" read "to salvors" 14 page 81, line 30,- for "period said" read "period of said" 15 page 85, line 21, in column 2- for "in contravention" read "in contravention of " 16 page 85, line 40, in column 2- for "contravention" read "contravention of " 17 page 85, line 43, in column 2- for "contravention" read "contravention of " 18 page 86, line 35, in column 2- for "survey or" read "survey" 19 page 98 , line 39 ,- for "the or notification rule should " read "the rule or notification should" 20 page 98 , line 49 ,- for "appeared to" read "appear it to" 21 page 99, line 23,- insert marginal citation "44 of 1958" 22 page 101 , line 13 ,- for "indian costal" read "indian coastal" 23 page 104 , line 2 ,- for "or assistnat" read "or assistant" 24 page 105, line 14 ,- for "person entititle" read "person entitle" 25 page 110 , line 9 ,- for "the seafeayer " read "the seafarer " 26 page 110 , line 29 ,- for "foreign part" read "foreign port" 27 page 110 , line 38 ,- for "can utilize " read "can utilise " 28 page 111 , line 1 ,- for "of seafearer" read "of seafarer " 29 page 112 , in line 1 from the bottom ,- for "official book " read "official log book" 30 page 113 , in line 1 from the bottom ,- for "dessert from " read "desert from" 31 page 114 , line 3 ,- for "desserts then" read "deserts then" 32 page 114 , line 4 ,- for "desserter then " read "deserter then " 33 page 114 , line 5 ,- for "dessertion order" read "desertion order" 34 page 115 , line 3 ,- for "the government" read "the central government " 35 page 116 , line 7 ,- for "the government" read "the central government " 36 page 117 , line ,- for "of seafearer" read "of seafarer " 37 page 117 , line ,- for "of seafearer" read "of seafarer " 38 page 117 , line ,- for "of seafearer" read "of seafarer " 39 40 page 117 , line ,- for "of seafearer" read "of seafarer " 41 page 117 , line ,- for "of seafearer" read "of seafarer " 42 page 117 , line ,- for "of seafearer" read "of seafarer " 43 page 117 , line ,- for "of seafearer" read "of seafarer " 44 page 117 , line ,- for "of seafearer" read "of seafarer " new delhi; november 16, 2016______ kartika 25, 1938 (saka)	Parliament_bills	1dced137-1071-56cd-a34e-38bb473dbb4f
the tea (altera1·ion in duties of customs and excise) bill, 1958(as introduced in lok sabha) the tea cal tera tion in duties of customs and excise) bill, 1958 (as introduced in lok sabha) a billfurther to amend the indian tariff act, 1934, and the central excises and salt act, 1944, for the purpose of altering the duties of customs and excise on tea be it enacted by parliament in the ninth year of the republic of india as follows :-i this act may be called the tea (alteration in duties of customs short title and excise) act, 1958 s z in the second schedule to the indian tariff act, 1934, for item amendment of second no5, the following item shall be substituted, namely :--scb:dt:\e, \| \| \| \| \| \| \| \| \| \| \| \| act \| 32 \| of \|\|-------------------------------\|------------------------\|---------------------------------------------------------\|-----\|----\|---------\|--------\|----\|----\|----\|-----\|--------\|-------\|-------\|\| ----- \| --- \| \| --- \| \| ------ \| ---- \| \| - \| \| --- \| \| --- \| j934· \|\| "5 \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| tea \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| 10 \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| , \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| not exceeding \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| 30 \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| naye \| paise \| \| \| \| \| \| \| \| \| \| \| \| \|\| per lb \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| as \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| the central qt)vem- \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| ment may, \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| by \| notification \| \| \| \| \| \| \| \| \| \| \| \| \|\| in \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| the official gazette, fix': \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| ---------__--__---- \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| _ \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| _ \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| 3 \| in \| the first schedule to the central excises and salt act, \| \| \| \| \| \| \| \| \| \| \| \|\| item no \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| 14, \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| the following item shall \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| be \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| substituted, namely \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| 1944, \| for \| \| \| \| \| \| \| \| \| \| \| \| \|\| amendment \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| of \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| firat \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| schedule, \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| _ _ act \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| i \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| of \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| 1944· \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| is \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| "'tea" \| includes all varieties \| of \| \| \| \| \| \| \| \| \| \| \| \|\| the product known commer- \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| cially \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| as \| tea, and also in- \| \| \| \| \| \| \| \| \| \| \| \| \|\| cludes green \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| 1!ea \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| 20 \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| (i) \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| tea, all varieties \| except \| \| \| \| \| \| \| \| \| \| \| \| \|\| package tea falling \| within \| \| \| \| \| \| \| \| \| \| \| \| \|\| sub-item \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| (2) \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| of \| this-item \| \| \| \| \| \| \| \| \| \| \| \| \|\| not \| exceeding \| \| \| \| \| \| \| \| \| \| \| \| \|\| 19 \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| naye paise \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| per lb \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| as \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| the central govem- \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| ment may, \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| by \| notification in \| \| \| \| \| \| \| \| \| \| \| \| \|\| the official gazette, \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| fix \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| (2) \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| package tea, tha \| is \| to say, tea \| \| \| \| \| \| \| \| \| \| \| \|\| packed in any kind \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| of \| con- \| \| \| \| \| \| \| \| \| \| \| \| \|\| tainer containing not \| more \| \| \| \| \| \| \| \| \| \| \| \| \|\| than \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| 60 \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| ibs net \| of \| tea \| \| \| \| \| \| \| \| \| \| \| \|\| 2s \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| 21 \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| naye \| paise \| \| \| \| \| \| \| \| \| \| \| \| \|\| per lb, \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| plus \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| the duty for the time being \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| leviable under sub-item \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| (i) \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| of \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| this \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| item, \| \| \| \| \| \| \| \| \| \| \| \| \| \|\| if \| not already \| \| \| \| \| \| \| \| \| \| \| \| \|\| paid" \| \| \| \| \| \| \| \| \| \| \| \| \| \|declaration under the provisional collection of taxes act, 1931 (16 of 1931) it is hereby declared that it is expedient in the public interest that the 30 ,rovisions of clauses 2 and 3 of this bill shall have imm~iate effect \meier 19ji the provisional collection of taxes act, 1931 statement of objects and reasonsthis bill is being introduced for granting relief to common teas through differential excise duties so as to improve their competitive position in the world market new delhi; b gopala reddi tile 27th september, 1958 annexure extracts prom the indian tariff act, 1934 (32 of 1934) - • - • •- - the second schedule-export tariff\| name \| of \| article \| rate \| of \| duty \|\|-----------------------------\|----------------------------\|----------------------\|---------\|-------\|---------\|\| item \| no \| \| \| \| \|\| - \| \| \| \| \| \|\| - \| \| \| \| \| \|\| - \| \| \| \| \| \|\| - \| \| \| \| \| \|\| - \| \| \| \| \| \|\| - \| \| \| \| \| \|\| - \| \| \| \| \| \|\| tea- \| \| \| \| \| \|\| 5 \| \| \| \| \| \|\| when \| the \| price \| of \| tea \| :- \|\| (i) \| \| \| \| \| \|\| does not exceed rs \| \| \| \| \| \|\| 2' \| \| \| \| \| \|\| 50 \| \| \| \| \| \|\| per lb \| \| \| \| \| \|\| 25 \| \| \| \| \| \|\| naye \| \| \| \| \| \|\| paise per lb \| \| \| \| \| \|\| (ia) \| exceeds rs \| 2' \| 50 \| per \| lb \|\| but \| \| \| \| \| \|\| does \| \| \| \| \| \|\| not \| exceed \| \| \| \| \|\| rs 3 '25 \| \| \| \| \| \|\| per \| \| \| \| \| \|\| lb \| \| \| \| \| \|\| 38 \| \| \| \| \| \|\| naye paise per lb \| \| \| \| \| \|\| (iii) \| \| \| \| \| \|\| exceeds rs \| 3' \| 25 \| per lb \| \| \|\| but \| \| \| \| \| \|\| does not \| exceed \| \| \| \| \|\| rs \| \| \| \| \| \|\| 4'00 \| per \| lb \| \| \| \|\| 50 naye paise \| \| \| \| \| \|\| per \| lb \| \| \| \| \|\| - \| \| \| \| \| \|\| (iv) \| \| \| \| \| \|\| exceeds rs \| 4'00 \| per lb \| \| \| \|\| hut \| does \| not exceed \| \| \| \|\| rs \| \| \| \| \| \|\| 4' \| 75 \| per \| lb \| \| \|\| 63 \| \| \| \| \| \|\| naye \| \| \| \| \| \|\| paise \| \| \| \| \| \|\| per \| lb \| \| \| \| \|\| (v) \| \| \| \| \| \|\| exceeds rs \| 4'75 \| per lb \| 75 \| \| \|\| naye \| \| \| \| \| \|\| paise \| \| \| \| \| \|\| per \| lb \| \| \| \| \|\| - \| \| \| \| \| \|\| - \| \| \| \| \| \|\| explanation- \| \| \| \| \| \|\| ci \| \| \| \| \| \|\| price \| of \| tea " \| \| \| \|\| means \| the \| price which the cen- \| \| \| \|\| tral government may, having \| \| \| \| \| \|\| regard to world prices \| \| \| \| \| \|\| of \| tea \| • \| \| \| \|\| fix \| for this purpose from time \| \| \| \| \|\| to time by notification in \| the \| \| \| \| \|\| official gazette \| \| \| \| \| \|\| - \| \| \| \| \| \|\| - \| \| \| \| \| \|\| - \| \| \| \| \| \|\| - \| \| \| \| \| \|\| - \| \| \| \| \| \|\| -------- \| \| \| \| \| \|\| ---- \| \| \| \| \| \|\| -----_ \| \| \| \| \| \|\| \| \| \| \| \| \|\| ------__--- \| \| \| \| \| \|- - - - - - the first schedule •item no description of goods rate of duty - - - - - - - 14· tea-"tea" includes all varieties of the product known commercially as tea, and also includes green tea (1) package tea, that is to say, tea packed in any kind of container containing not more than 60 ibs net of tea-(i) if, before being so packed, three annas ~r lb net duty has been paid there-- on under sub-item (2) of this item (il) if, before being so packed, four annas per lb net, duty has not been paid thereon under sub-item (2) of this item (2) tea not otherwise speci-one anna per lb net fied - - --,,'- - -__-- - -------------_- - _ -----,--~ a billfurther to amend the indian tariff act, 1934, and the central excises and salt act, 1944, for the purpose of altering the duties of customs and excise on tea the president has, in pursuance of clause (1) of article ii7 and clause (1) of article 274 of the constitution of india, recommended to the lok sabha, the introduction of the bill m n kaul, secretary ,/ minister of revenue and civil expenditure)	Parliament_bills	7f43ec91-8732-558a-92d6-53027448011b
statement of objects and reasonsindia is a union of states thousands of dialects and languages are spoken throughout the country our parliament consists of representatives of all states and union territories people of one state, for lack of adequate opportunities, do not understand the language of another - state 7 in parliament, by virtue of article 120, all business is conducted in english or hindi ] members who do not understand these two languages or are not able to express themselves _ adequately find it very difficult to function effectively as parliamentarians whenever a member addresses the house, his speech should be simultaneously _ interpreted and verbatim reports thereof be translated into all languages specified in the eighth schedule to the constitution so that other members may understand what the member is speaking about this will not only enable members to function effectively, but also help in fostering unity among different states \| at present, members are required to table notices under different provisions of the rules of procedure and conduct of business in lok sabha/rajya sabha either in english or in hindi since they are not well versed in either language, they are deprived from participating meaningfully in the debates \| with a view to upholding sound democratic and parliamentary system and to afford j an opportunity to members to participate in the debates and function as true parliamentarians, it is proposed that— (/) translation/interpretation facilities should be provided in all languages - mentioned in the eighth schedule; (ii) members may be permitted to table notices in al! languages in the eighth schedule; and (iii) official languages of the union should be the languages specified in the eighth schedule the bill seeks to fulfil a long standing demand and aspiration of majority of people of the country, financial memorandumthe bill seeks to provide for simultaneous interpretation and also translation facility in all languages specified in the eighth schedule to the constitution it also enables members to table notices in those languages the bill further seeks to provide that official languages of the union shall be the languages specified in the eighth schedule this was involve some expenditure from the consolidated fund of india in respect of appointment of interpreters, translators, etc it is likely that an annual recurring expenditure of about rupees ten crore is to be involved a non-recurring expenditure of about rupees fifty crore is also likely to be involved for making necessary arrangements in parliament for simultaneous interpretation and making available translation in all languages annexure extract from the constitution of india 120 (/) notwithstanding anything in part xvii, but subject to the provisions of article language to be used in parliament 345, business in parliament shall be transacted in hindi of in english : provided that the chairman of the council of states or speaker of the house of the people, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in hindi or in english to' address the house in this mother-tongue (2) unless parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this constitution, have effect as if the words or in english were omitted therefrom 343 (/) the official language of the union shall be hindi or in devanagari script official language of the union the 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 (4) the devanagri form of numerals for such purposes as may be specified the law 344 (/) the president shall, at the expiration of five years from the commencement of \| commission \| and \|\|---------------\|--------\|\| committee \| of \|\| parliament \| on \|this constitution and thereafter at the expiration of ten years from such commencement, by official language order constitute a commission which shall consist of a chairman and such other members representing the different languages specified in the eighth schedule as the president may appoint, and the order shall define the procedure to be followed by the commission (2) it shall be the duty of the commission to make recommendations to the president as to - (a) the progressive use of the hindi language for the official purpose of the union; (6) restrictions on the use of the english language for all or any of the official purposes of the union; (c) the language to be used for all or any of the purposes mentioned in article 348; (d) the form of numerals to be used for any one or more specified purposes of the union;(e) any other matter referred to the commission by the president as regards the official language of the union and the language for communication between the union and a state or between one state and another and their use, (3) in making their recommendations under clause (2), the commission shal! have due regard to the industrial, cultural and scientific advancement of india, and the just claims and the interests of person belonging to the non-hindi speaking areas in regard to the public services (4) there shall be constituted a committee consisting of thirty members, of whom twenty shall be members of the house of the people and ten shall be members of the council of states to be elected respectively by the members of the house of the people and the members of the council of states in accordance with the system of proportional tepresentation by means of the single transferable vote (5) it shall be the duty of committee to examine the recommendations of the commission constituted under clause (1) and to report to the president their opinion thereon (6) notwithstanding anything in article 343, the president may, after consideration of the report referred to in clause(5), issue directions in accordance with the whole or any part of that report 346 the language for the time being authorised for use in the union for official purposes shall be the official language for communication between one state and another state and between a state and the union: provided that if two or more states agree that the hindi language should be the official language for communication between one state and another or between a state and the union official language for communication between such states, that language may be used for such communication 348 (/) 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 courts and for acts, bills, etc(i) of all bills to be introduced or amendments thereto be moved in either house of parliament or in the house or either house of the legislature of a state, (i) ofall 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, tules, regulations and bye-laws issued under this constitution or under any law made by parliament or the legislature of a state, shall be in the english language " (2) provided that nothing in this clause shall apply to any judgement, decree or order passed or made by such high court directive of development of the hindi language 351 it shall be the duty of the union to promote the spread of the hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of india and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in hindustani and in the other languages of india specified in the eighth schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on sanskrit and secondarily on other languages	Parliament_bills	cb216a51-78a5-5e99-81b3-0d0221fbb22f
bill no 28 of 2016 the constitution (amendment) bill, 2016 byshri rajesh ranjan, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2016 2 in article 243g of the constitution,—a state shall, by law," shall be substituted; and(b) "such law may contain" the words "such law shall contain" shall be substituted (ii) in clause (b), after the words "eleventh schedule" the following words shall be added, namely:—"by the year 2017"53 in article 243w of the constitution,—(i) for the words—amendment of article 243w(a) "the legislature of a state may, by law, endow" the words "the legislature of a state shall, by law, endow" shall be substituted; and10(b) "such law may contain" the words "such law shall contain" shall be substituted (ii) in clause (a), in sub-clause (ii), after the words "twelfth schedule" the following words shall be added, namely:—"by the year 2017" statement of objects and reasonsafter seventy third and seventy fourth amendments to the constitution came into force, it was presumed that most of the states shall enact necessary legislations to confer powers on panchayats and municipal bodies in their respective jurisdiction taking a leaf out of the samewhereas some of the states have endowed the powers to be exercised by the panchayats by incorporating the subjects included in the eleventh schedule to the constitution and similarly the powers to be exercised by municipal bodies in regard to subjects contained in the twelfth schedule have been conferred upon the municipal bodies however, these steps are relatively an eye-wash and infact requisite powers have not yet been conferred to the panchayats and municipal bodies concernedif we actually wish to translate the vision of our former prime minister late shri rajiv gandhi who was inspired by mahatma gandhi's ideals of 'gram rajya', a concrete mandatory constitutional provision to empower and make effective the institutions of self- government at local level is the need of the hourit is in this context that the relevant articles of the constitution are proposed to be amended so as to make it mandatory for state legislatures to enact laws aimed at conferring panchayats and municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government it has also been proposed in the bill that the law to be enacted by state legislatures shall contain provisions for the devolution of powers and responsibilities upon panchayats and municipalities at appropriate levelhence this billrajesh ranjanfebruary 8, 2016 annexure extract from the constitution of india powers, authority and responsibilities of panchayats"243g subject to the provisions of this constitution, the legislature of a state may, by law, endow the panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to—(a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the eleventh schedule 243w subject to the provisions of this constitution, the legislature of a state may, by law, endow—powers, authority and responsibilities of municipalities, etc(a) the municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon municipalities, subject to such conditions as may be specified therein, with respect to—(i) the preparation of plans for economic development and social justice; (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the twelfth schedule; (b) the committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the twelfth schedule lok sabha———— a billfurther to amend the constitution of india————(shri rajesh ranjan, mp)gmgipmrnd—4303ls(s3)—24022016	Parliament_bills	4819b207-58e3-5052-94bf-5e43a9379a81
iut no 13 ot ltd the government of union territories (amendment) bill, 1985 a' billfllr,h~ to "",en,1 the government of union territories act, 1963 be it enacted by parliament in the thirty-sixth year of the republic of india as followj;;-1 this act may be called the government of union territories (amenoment) act 1985 short title 20011963 5 amendment oc section 13 2 in the government of union terr~tories act 1963 (hereinafter referred to as the principal act), in section 13, in clause (a) of subsection (2), for the word and figures "section 14", 1he words, figures and letter "section 14 or section 14a" shall be substituted : 3 after section 14 of the principal act, the following section shau be inserted, namely:- ~ insertion of new section 14a disqualification on itround of defection for being a member "14a the provisions of the tenth schedule to the constitution shall, subject to the necessary modifications (including modificationi for construing references therein to the legislative assembly of 5 a state, article 188, article 194 and article 212 as references, respectively, to the legislative assembly of a union territory, section 11, section 16 and section 37 of this act) pp!)ly to and in relation to the members of the legislative assembly of a union territory as they apply to and in relation to the members of the legislative assembly 10 of a state, and accordingly,-(a) the said tenth schedule as so modified shall be deemed to form part of this act; and (b) a person shall be disqualified for being a member of the legislative assembly of a union territory if he is so dis- 15 qualified under the said tenth schedule as so modified" statement of objects and reasonswith a view to combating the evil of political' defections and preventing it from undermining the very foundations of our democracy and the principles which sustain it, parliament enacted the constitution (fifty-second amendment) act, 1985, to include in the constitution a new schedule providing for disqualification on ground of defection for membership of parliament and state legislatures this bill seeks to amend the government of union territones act"1963, to provide for a similar disqualification for membership of legislative assemblies of union territories and to make the provisions as to disqualification on ground of defection contained in the said schedule applicable for the purpose 2 the bill seeks to achieve the above object new delhi; s b chavan the 23rd march, 1985 new section 14a as proposed to be inserted in the government of union territories act, 1963, by clause 3 of the bill seeks to make the provisions of the tenth schedule to the constitution relating to diaquali fication on ground of defection applicable to and in relation to members of the legislative assembly of a union territory as a result, the pre~ siding officers of the legislative assemblies of union territories would become vested with powers to make rules under paragraph 8 of the said tenth schedule as so applicable in relaiion to those legislative asaem~ bues the matters provided for in the said paragraph 8 pertain to m~~t~rs of d,tlij,il and procedure the delegation of legislative power is of a normal character annexure extract from the government of union territories act, 1963(20 of 1963) - - - - 13 (1) - (2) if a member of the legislative assembly of a union territory-(a) becomes subject to any disqualification mentioned in section 14 for membership of the assembly, or (b) resigns his seat by writing under his hand addressed to the speaker, his seat shall thereupon become vacant - - - - a bill furtner to ~menq t~e qovernmen~ of unlon ter~itor~es act, ~963~ (sltrl s, b chavan, :;(;rristtr of home aflairs)	Parliament_bills	b85f2ca2-a11c-52c6-8cec-506ef4b5f8c9
annexure extracts from the crtizensip act, 1955(37 of 1955) only, that person shall not be a (3) for the purposes of the proviso to sub-section (1), born outside undivided india who was, or was deemed to be, at the commencement of the constitutioy by descent only, » a citizen of india n shall be deemed to be a citizen of india (2) where a male person cea: (2), every minor child of that ses to be a citizen of india under sub-section n shall thereupon cease to be a citizen of india: provided that any such child may, within one year after attaining full age, make a deolaration that he wishes to resum: india citizenship and shall thereupon again become a citizen of india, any male person	Parliament_bills	f9d451ce-735c-5566-9a16-454d3f823e66
the finan(je bill, 19'j9(as introduced in lok sabha) arrangement of clauses chapter i pbeldlinaay clauses1 sbort title and commencement chapter n rates of income-tax2 income-tax chapter m dulect taus income-leu3 amendment of section 10 4 amendment of section 35b 5 amendment of section 35cca 6 amendment of section 36 7 amendment of section 37 8 amendment of section me 9 amendment of section 64 10 amendment of section 8oc 11 insertion of new section sogga 12 amendment of section 8oj 13 insertion of new section 8ojja 14 amendment of section 80p 15 insertion of new section 8oqqa 16 amendment of section 208 17 amendment of section 209a clauses18 amendment of section 212 19 amendment of section 218 20 amendment of section 245d 21 amendment of section 246 22 consequential amendments to certain sections 23 amendment of section 4 24 amendment of· section 22d 25 amendment of section 23 26 amendment of schedule i 27 amendment of act 18 of 1958 chapter iv indjaect taus28 amendment of act 51 of 1975 29 amendment of act 1 of 1944 30 amendment of act 58 of 1957 31 auxiliary duties of customs 32 special duties of excise chapter v fohuln tuva tax33 extent and commencement 34 - definitions 35 foreign travel tax 36 power to exempt 37 passenger not to be permitted to board ship or aircraft without payment of foreign travel tax 38 peultifls 39 protection of action taken in good faith 40 power to make rules 41 rules and notifications to be laid before parliament 42 cesser of operation of chapter vn of act 32 of 1971 and aaving clauses43 amendment of act 6 of 1898 44 amendment of act 10 of 1963 45 amendment of act 21 of 1973 46 amendment of act 38 of 1974 the first schedule the second schedule the third schedule the fourth schedule the finance bill, 1979 a billto give effect to the financial proposals of the central govemment for the firurncial year 1979-80 be it enacted by parliament in the thirtieth year of the republic of india as follows:- chapter i preliminary5 1 (1) this act may be called the finance act, 1979 short ti tie !lad commencement (2) save as otherwise provided in this act, sections 2 to ?:1 and sections 44, 45 and 46 shall be deemed to have come into force on the 1st day of april, 1979 chapter n10 rates of incom taxincome-tax z (1) subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of april, 1979, income-tax shall be charged at the rates specified in part i of the first schedule and shall be increased, -15 (a) in the cases to which paragraphs a, b, c and d 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, calculated in each case in the manner provided therein (2) in the cases to which sub-paragraph lor sub-paragraph n of paragraph a of part i of the first schedule applies where the assessee has in the previous year any net agricultural income in addition to total income, and the total income exceeds ten thousand rupees then, -5 (/i) the net agricultural income sball 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 the first eight thousand rupees of the total income but without being liable to tax), only for the 10 purpose of charging income-tax in respect of the total income: and (b) the income-tax chargeable shall be calculated as follows:-(i) the total income and the net agricultural income 15 sball 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 n of the said paragraph a, as if such aggregate income were the total income: 20 provided that for the purposes of determining the amount of income-tax in accordance with this sub-clause, the provisions of clause (ii) of the proviso below sub-paragraph lor, as the case may be, sub-paragraph n of the said paragraph a and the provisions relating to 25 surcharge on income-tax in the said sub-paragraphs shall not apply; (ii) the net agricultural income sball be increased by a sum of eight thousand rupees and the amount of income-tax shall be determined in respect of the net 30 agricultural income as so increased at the rates spec1f1ed in sub-paragraph lor, as the case may be, sub-paragraph n of the said paragraph a, as 11 the net agricultural income as so increased were the total income: provided that for the purposes of determining the 35 amount of income-tax in accordance with this sub-clause, the provisions of clause (i) and clause (ii) of the proviso below sub-paragraph lor, as the case may be, sub-paragraph n of the said paragraph a and the provisions relating to surcharge on income-tax in the said sub-40 paragraphs shall not apply: (iii) the amount of income-tax determined in accordance with sub-clause (i) shall be reduced by the amount of income-tax determined in accordance with sub-clause (ii): 5 provided that where the sum 80 arrived at exceeds seventy per cent of the amount by which the total income exceeds ten thous8dd rupees, the excess shall be disregarded; 10 (iv) the amount of income-tax determined in accordance with sub-clause (iii) shall be increased by a surcharge (or purposes of the union calculated at the rate of fifteen per cent of such income-tax 8dd the sum 80 arrived at shall be the income-tax in respect of the total income 15 (3) in cases to which the provisions of chapter xu or 43 of 1961 section 164 of the income-tax act, 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 imposed by sub-section (1) or the 20 rates as specified in that chapter or section, as the case may be (4) in cases in which tax has to be deducted under sections 193, 194, 194a, 194b, 194bb, 194d and 195 of the income-tax act at the rates in force, the deduction shall be 25 made at the rates specified in part u of the first schedule (5) subject to the provisions of sub-section (6), 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 udder sub-section (4) of section 172 or sub-sectjon (2) of 30 section 174 or section 175 or sub-section (2) of section 176 of the said act or deducted udder section 192 of the said act from income chargeable under the head "salaries" or deducted under sub-section (9) of section 80e of the said act from amy payment referred to in the said sub-section (9) or in which the 35 "advance tax" payable under chapter xvu-c of the said act has to be computed, at the rate or rates in force, such incometax or, as the case may be, "advance tax" shall be 80 calculated, charged, deducted or computed at the rate or rates specified in part m of the first schewle: 40 provided that in cases to which the provisions of chapter xli or section 164 of the income-tax act apply, "advance tax" shall be computed with reference to the rates imposed by this sub-section or the, rates as specified in that chapter or section, as the case may be (6) in the cases to which sub-paragraph i or sub-par8kj'llph n of paragraph a of part m of the first schedule applies, where the assessee has in the previous year or, if by virtue of any provision of the mcome-tax act income-tax is to be charged in respect of the income of a period other than the previous 5 year in such other period, any net agricultural income in addition to total income and the total income ~ceeds ten thousand rupees then in calculating income-tax under the first proviso to sub-section (5) of section 132 of the incometax act or in charging income-tax under sub-section (2) of 10 section 174 or section 175 or sub- section (2) of section 176 of the said act or in computing the "advance tax" payable under chapter xvn-c of the said act, at the rate or rates in force,-(a) the net agricultural income shall be taken into account, in the manner provided in clause (b) (that is to 15 say as if the net agricultural income were comprised in the total income after the first eight thousand rupees of the total income but without beidg liable to tax), only for the purpose of calculating, charging or computing such income-tax or, as the case may be "advance tax" in 20 respect of 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:-(0 the total1ncome and the net agricultural income shall be aggregated and the amount of income-tax or 25 "advance tax" shall be determined in respect of the aggregate income at the rates specified in sub-paragraph i or, as the case may be sub-paragraph n of the said paragraph a as if such aggregate income were the total income: 30 provided that for the purposes of determining the amount of income-tax or "advance tax" in accordance with this sub-clause the provisions of clause (ii) of the proviso below sub-paragraph lor, as the case may be, sub-paragraph n of the said paragraph a and the 35 provisions relating to surcharge on income-tax in the said sub-paragraphs shall not apply; (ii) the net agricultural income shall be increased by a sum of eight 1housand rupees and the amount of income-tax or "advance tax" shall be determined in 40 respect of the net agricultural income as so increased at the rates specified in sub-paragraph lor, as the case may be, sub-paragraph n of the said paragraph a, as if the net agricultural income as so increased were the total income: 45 provided that for the purposes of determlnjdg the amount of mcome-tax or "advance tax" in accordadoe with this sub-clause, the provisions of clause (i) add clause (ii) of the proviso below sub-paragraph i 5 or, as the case may be, sub-paragraph d of the sald paragraph a add the provisions reladng to surcharge on inoome-tax in the said !!lib-paragraphs shall dot apply; (iii) the amount of mcome-tax or "advance tax" 10 determined in accordance with sub-clause (i) shall be reduced by the amount of inoome-tax or, as the case may be, "advance tax" determined in accordance with sub-clause (ii): provkled that where the' sum so arrived at exceeds 15 sixty per cent of the amount by which the total income exceeds ten thousand rupees the excess shall be disregarded; (iv) the amount of income-tax or "advance tax" determined in accordance with sub-clause (iii) shall 20 be increased by a surcharge for purposes of the union calculated at the rate of twenty per cent of such incometax or as the case may be, "advance tax" and the sum so arrived at shall be the inoome-tax or, as the case may be, "advance tax" in respect of the totallnoome 25 (7) for the purposes of this section and the first schedule -(/i) "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 iiloome-tax act; (b) "domestic company" means an indian company, or any 30 other company wh1ch, in respect of its income liable to income-tax udder the income-tax act for the assessment year commencing on the 1st day of april, 1979, has made the prescribed arrangements for the declaration and payment within india of the dividends (mcluc:ung dividends on 35 preference shares) payable out of such income in accordance with the provisions of section 194 of that act; (c) "industrial company" means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power ox 40 in the construction of ships or in the mauuf&oture or processing of goods or in mining etpltllujtitm - por the purpo_ of thi_ olaulmi, a oompany shall be deemed to be ma1dly eapged in the bulnes of galeration or distrlbut10n of electrloity or any other form of power or in the ooilstruct1on of iiilipe or in the ld8ilufaoture or prooeuldg of aoods or 5 in mining, if the inoome attributable to any one or more of the ai»resa1d activities included in its total inoome of the previous year <as oomputed before maldng any deduction 1ulder chapter via of the idoome-tax act) i8 dot less than gfty-one per cent of suoh total inoomei 10 (ei) ''insurance oomms,lon" means any remuneration or reward, whether by way of oommis8ion or otherwi for solioltlng or proourlng insuranoe busidess (lnoludjng busines8 relating to the oontiduance, renewal or revival of polioies of insuranoe)" 15 20 (e) ''net agricultural income", in relation to a person, means the total amount of agrioultural income, from whatever souroe derived, of that person computed in aocordanoe with the rules contained in part "iv of the first schedule i (f) "tu:-free 88ourlty" means any 880urlty of the central govemment issued or declared to be income-tax free or any security of a state govemment issued income-tax free the income-tax whereon is payable by the state govel'dld8dt i 25 (ii) all other words and expressions used in this sectton or in the first schedule but dot defined in this subsection and defined in the income-tax act shall have the meanjngs respectively assigned to them in that act 30 chapter m dluct tausincollle-t4r a in section 10 of the income-tax aot,-(a) in olause (6), in the ezpltllujtwn to sub-clause (liiia) with effect from the 1st da,y of june 1979 -35 (i) in clause (ii) the word "or" shall be inserted at the end; (ii) after clause (it) the following clause shall be inserted, daiilely:-"(iii) sucb other field as the cedtral government mav, bavidg regard to the avi1labiuty of ldd1ans baving specialised knowledge and experiedce therein the needs of the country and other relevaat circumstuces, by doufication in the official gazette specify, "; (b) in clause (15), in sub-clause(u) , the fonowing proviao shan be 1dserted with effect from the 1st dav of april, 1980, namely:-10 ''provided that where in the case of an &8ses8ee the 1dterest on deposits in a public account of the nature referred to in item (3) in the table below rule 3 of the post office savinga banks rule8 1966 exceeds two tbou88dd two hundred and fifty rupees the amount of interest on sucb depo8it8 that 8hall not be idc luded in the totai1ncome of the asse88ee udder this 8ub-clause shall be two thousand two hundred and fifty rupees;"; 20 (,) after clause (23b) the following clauses 8hall be inserted and sball be deemed always to bave been inserted namely:-215 "(23bb)any lncome of an authority (whether known as the khadi and village lddustries board or by any other name) estabusbed in a state by or under a state or provincial act for the development of khadi or villap industries in the state 61 oj 1956 30 elplgn4tton -- for the purposes of this c]aus~ ''khadi'' and ''v1llage industries" have the mean1dgs respectively &8signed to them in the kbadi and village industries commission act, 1956; 36 40 21 of 186() (23bba) any income of any body or authority (wbether or not a body corporate or corporation sole) establisbed, constituted or appofdted by or under any central, state or prov1dcial act which provides for the administrauon of any one or more oftbe following tbat is to sry public reugious or charitable trusts or endowments (including mglhs, temples 8i'rdwlrls, wufs, cburcbes, synagogues, agiaries or otber places of public religlous 1iiior8hip) or societies for religious or charitable purposes registered as such under the societies registration act, 1860 or any otber law for the time being in force: provided that nothidg in this olause aball be oodbtrued to exempt from tax the idoome of any trust endowmedt or society referred to therein,' - a8e __ t of in section 36b of the income~ax act with effect from the _ectloa 3511 1st day of april, 1988,,-(0) in sub-section (1), in clause (b), in sub-clause (il, the words, figures and letters " where such expenditure is incurred before the 1st da,y of april, 1978"shall be omitted, (b) sub-section (ia) shall be omitted aldidclatedt of l in section 35cca of the income-tax act with effect from 10 hctiod 3scca the 1st da,y of june 1979,-(ii) for sub-section (i) the followidg sub-section shall be substituted namely:-tt( 1) where an as88ss88 idcurs any expedditure by way of payment of any sum -115 (ii) to an association or 1dat1tut10n, which baa &8 lta ob3ect the undertaking of any programme of rural developmej&, to be used for carrying out any programme of rural developmeat approved by the prescribed authortty;or 20 (b) to an usociation or 1dst1tuuon which baa as ita ob3ect the tra1d1dg of persons for implemeating programmes of rural developmeut 26 the assessee ahall, subject to the provisions of sub-section (2) be allowed a deduction of the amollllt of such ekp8nd1-ture 1dcurred during the previous year "; (b) in sub-aect1on(2h for the portion beginning with the words ''this section appues tt and endidg with the words "in this behalf by the prescribed authority:", the following shall be substituted, namely:-30 " the deduction under sub-section (1) shall iiot be allowed wjth respect to expenctiture by way of pa,yment of any sum to any association or 1n8utution, unless such association or 1d8tltution is forthe time being approved in this behalf by the prescribed adhority:" 36 ie in section 36 of the income-tax act in sub-section (1) ajdeddmatoi with effect from the 1st day of april 1980-section 36-(4) after clause (i) the following clause shall be inserted namely:-5 "('4) the amount of any premium paid by a federal milk co-operative society to effect or to keep in force an insurance on the life of the cattle owned by a member of a co-operative society being a primary society engaged in supplying milk raised by its members to such federal 10 milk co-operative society;", (b)i after clause (vii) the following clause shall be inserted; namely:-'(viia) in respect of any provision for bad and doubtful debts made by a scheduled bank in relation to advances 15 made by its rural branches an amount not exceeding one and a half per cent of the aggregate average advances made by such branches computed in the prescribed manner explghcltion -for the purposes of this clause -20 (i) "rural branch" means a branch of a scheduled bank situated in a place which has a population of not more than ten thousand according to the last preceding census of which the relevant figures have been published before the first day of the previous year; 25 (ii) "scheduled bank" has the same meaning as in the erplgft4tion at the end of clause (b) of sub-section (2) of section 11, but does not include a co-operative bank;'; (el in clause (viii) for the portion beginning with the words "agricultural development in india" and ending with the words 30 "carried to such reserve accoudt:" the following shall be substituted namely:-"agricultural development in india, an amount not exceeding forty per cent of the totallncome (computed before making any deduction under chapter via) carried to such reserve 35 account:" 7 in section 37 of the income-tax act, in erplatllluon i below amendment of sub-section (3b) for the wrds " is certified by the prescribed hctiaa 37 authority as not exceeding" th8 words "does not exceed" shall be substituted ld secticm me of the ldcome~ act,-(a) in sub-section (3) after cla1l8e (b) ad before the eqltdultlon, the following proviso shall be 1n8erted, namely:-''provided that nothing in this sub-section shall appl,y to or in relation to the additional comped8at1on or, as the case mav be, the add1t1onal consideration received by the assessee after the 28th day of february, 1979 "; (b) after sub-section (6), the following sub-section shall be inserted, dame1y:-10 " (7) nothing in this section shall apply to or in relation to any capital ga1d ariaing from any transfer of a capital asset made after the 28th ~ of february, 19'19 " 16 i in section 64: of the income-tax act with effect from the 1st ~ of april 1980,- (a) in sub-section ( i), -(il in explcllatioft i" for the words, brackets add figure "for the purposes of clause (i)", the words brackets am figures "for the plrposes of clause (i) and clause (u)" shall be substituted; 20 (it) after elplangtion i the following explanation shall be inserted namely:-"elplanation ia • -for the purposes of clause (i) where the spouse of an individual is a beneficiary under a trust the idcome ariaing to the trustee from 26 the membership of the trustee in a firm carrying on a bus1dess in which such individual is a partner shall to the extent such income 1s for the benefit of the spouse of such individual, be deemed to be income arising indirectly to the spouse of such individual 30 from the membership of the spouse in a firm carrying on a business in which such individual is a panner "; (iii) after expl "tion 2, the following elplanation shall be inserted namely:-"explangtioll 2al: -for the purposes of clal1se (iii), 36 where the minor child of an individual is a beneficl8ry under a trust, the idcome arising to the trustee from the membership of the trustee in a firm shall, to the extent such income is for the benefit of the minor child be deemed to be idcome arising indirectly to the minor child 40 ·from the adm •• jon of tbe minor to the bedeftt of partder-8h1p in a firm it; (b) in bub-section (2) 5 (i) after the wordb ''into the oommoo stook of tbe family", the words ''or makidg a gift of suoh 8eparate property to the family" shall be· in8erted; (ti) the explanatidn shall be iluldbered as ejplan4tidn 1 and after eqlcdl4tioil 1 as 80 nwnbered, the followidg ezpl4rull1011 shall be 1uerted, namely:-10 'elplfll4£io1l 2 - -for the purposes of this section, "income" includes 10s8 ' alii8dcbaeatof mctlaa ioc d in section 80c of the income-tax act, for sub-section (i~ the following sub-section shall be substituted with effect from the 1st day of april, 1980, namely:-15 " (l)in computing the total income of an 88sessee, there shall be deducted, in accordaoce with and subject to the provisions of this section, an amount calculated, with reference to the agregate of the sums specified in subsection (2), at the following rates, namely:-20 the whole of such aggregate; (a) where such agregate does not exceed rs 5, 000 (b) where such aggregate exceeds rs 5,000 but does not exceed rs 10, 000 rs 5000 plus 35 per cent of the amount by which wch aggregate exceeds rs 5, 000; 25 - (c) where such aggregate exceeds rs 10, 000 rs 6, 750 plus 20 per cent of the amount by which such aggregate exceeds rs10, 000 " idhrtiaa of new ilectioa 8ogga 11 in chapter via of the income-tax act, under the heading " b- deductions in respect of certain paylftmts'~ after section 8ogg, the following section shall be werted with effect from the 3 0 1st day of aprll, 1980, aame]y:-'8~ ( 1) in oojdputldg the total 1dcome of an assessee, there shall bedecboted in accordance with and subject to the provisions of this section, the sums speolfjed in bub-section (2) (2) the iujd8 referred to in ~aeotioil (1) sball be the fouowldg, amelr-(a> any bum paid by the assessee in the prev8 year to a aclentjflc research assoclatlon wblch has as ltb object the uddertaiddc of scleatlflo research or to a udlverslty, 6 college o~ other idjititltiod to be used for sclentioc rebeareb: provided tbat such association, udiverslty, oollege or ldbtltutldn lb !)r the time being approved for the puposes of clause (ti) of li1b-sectjon (1) of sectjon 36: 10 (b) any 8wd paid by the assessee in the previous year-(t) to an assoclatlon or inbtitutjon, which has as its object the undertaldng of any programme of rural ckwelopmedt, to be used for carryidg out uj programme of rural developmedt approved for the pj,r-16 poses of section 36cca: or (it) to an usoclatlon or jnstitution which has as its object the traldjdg of persons for tmplemedting programmes of rural development: provlded tbat the uaoclauon or ldbtltutlon ls for the 2 0 time being approved for the purposes of aub-section (2) of sectioll36cca (3) notwlthbtamlng anything oontalded in 1iilb-aed:lon (1)" do decl1at1on udder thlb sectlon shall be allowed in the caae of an asse8bee whose gross total lnoome ldcludes 2 5 lnoome which is chargeable under the head "profits and pjns of business or profession" (4) where a decmctlon udder this section is cla1med add allowed for an;y &8ses8medt year in respect of any payments of the datilre specloed in sub-section (2), deductjon bba11 not 3 0 be allowed in respect of such payments under any other provision of th18 act for the same or any other assessment year ' a tof mctioo ioj 35 12 in section 800 of the income-tax act, in bub-sectlon (4), after the seoond proviso and before explanation 1, the following proviso 8hall be lnberted, name]y:-'provided also that in the case of an industrial undertaking which manjfac1ures or produces any article apeclfled in the list in the eleventh schedule, the provisions of olause (ui) shall have effect aa if for the words "thlrty-three years", 4 0 the words "thirty-one years" had been substituted ' \| inaertion \| of \|\|--------------\|---------\|\| new \| section \|\| sojja \| \|13, in the income-tax act, after section 800'j, the following section shall be inserted with effect from the 1st day of aprll, 1980, namely:-5 "800'ja where the gross total income of an assessee includes any profits and gains derived from a rosiness of growing mushrooms, not being profits and gains that are in the nature of agricultural income, there ~hall be allowed, in computing the total income of the assessee, a deduction as specified h~reunder, namely:-10 [)eduction in respect of prof! ts and pins from busineas of growinc mubbloom (a) in a case where the amount of such profits and gains does not exceed ten thousand rupees, the whole of such amount: and (b) in any other case, one-third of the amount of 15 such profits and gains or ten thousand rupees, whichever is higher " ali1endment of aection sop u in section 80p of the income-tax act, in sub-section ( 2), in clause (c), for the words "so much of its profits and gains attrlrotable to such activities as does not exceed twenty 20 thousand iupees;", the following shall be substituted with effect from the 1st day of april, 1980, namely:-'so much of its profits and gains attributable to such activities as does not exceed,-(i) where such co-operatlve society is a consumers' 25 co-operatlve society, forty thousand rupees; md (it) in my other case, twenty thousand rupees explanation __ in this clause, "consumers i cooperative society" mems a society for the benefit of the consumers:' - \| insertion \| of \|\|--------------\|---------\|\| new \| section \|\| soqqa \| \|30 u in the income-tax act, after section 8(qq, the following section shall be inserted with effect from the 1st day of aprll, 1980, namely:-'8oqqa (1) where, in the case of an individual resident in indla, being an author, the gross total income 3 5 of the previous year relevant to the assessment year commencing on the 1st day of april, 1980, or to any one of the four assessment years next following that assessment year, includes any income derived by him deduction in respect of prole_81onal ideome of authors of text boob ill indi8ll laalual_ in the exercise of his profession on account of any lump sum consideration for the assignment or grant of any of his interests in the copyright of any book, or of royalties or copyright fees (whether receivable in lump sum or otherwise) in respect of such book there shall, in accordance with and subject to the 5 provisions of this section, be allowed, in compltlng the total income of the assessee, a deduction from such income of an amount 8cfl&1 to twenty-five per cent thereof (2) no deduction under su~sectlon (1) shall be allowed unless-10 (a) the book is either in the nature of a dictionary, thes8d ius or encyclopaedia or is one that has been prescribed or recommended as a text book, or included in the currlcumm, by any u nlversity, for a degree or post-graduate course of that university; and 15 (b) the book is written in any language specified in the eighth schecmle to the constitution or in any illch other language as the cedtral government may, by notlficatlon in the official gazette, specify in this behalf having regard to the need for promotion of pj,bl1catlon 2 0 of books of the nature referred to in clause (a) in that language and other relevaut factors elj)lancation ~ for the pj,rposes of th18 section,-(i) "author" includes a joldt author; (ii) ''lnmp illm", in regard to royalties or copyright 2 5 fees, includes an advance pllyment on aocount of illch royalties or copyrtabt fees wh1ch 1& dot retllrdable; (iii) ''0 diversity" shall have the same meaning as in the erplluujt~n to clause (ir) of section 47 r ameadmeat of 30 mctioil2~ •• in sectlon 208 of the income-tax act, in sub-section (2), in clause (b), for the lette~ and figures "rs30,000", the letter and figures "rs 20, 000" sla11 be subftltuted 11 in sectlon 209a of the income-tax act,-amendment of cue 209a (el) in bub-llectlon (1),-(i) in the opening portion, for the words "before the 3 5 date", at both the place where they occur, the words "on or before t:iaedate" aha11 be subatlt\1ted; (ii) fortbe portion beglnnldg with tile words "and s_ll pay such amount" and ending with the words and flaures ''under sectlon 211 ", the followlng shall be subbtltuted namely:-"and sball pay such amount of advance tax,-5 (i) in a case talllng under clause (a), as accords with the statement in 8(jlallnstalments on the dates applicable in his case under section 211; and (ii) in a case falllng under clause (b), as accords 10 with the estimate in equallnstalments on such of the dates applicable in his case as have not expired, or in one iiwd if only the last of such dates has not expired "; (b) in sub-section (2), for the words "at any time before 16 the date", the words "on or before the date" shall be bubbtltuted; (e) in sub-section (3) , for the words "at any time before the last lnstalment", the words "on or before the date on which the last instalment" shall be substltuted; 20 (d) in li\lb-section(4) ,-(i) lor the words "at any time before the date", the words "on or before the date" shall be substl1uted; (ii) in the proviso, for the words "before the date on which the last instalment ", the words "on or 26 before the date on which the last instalment" shall be substituted, and for the words "betbre such date", the words "on or before such date" shall be substituted; (e) in sub-section (5), for the words "before anyone of the dates", the words "on or before anyone of the 30 dates" shall be substituted •• in section 212 of the income-tax act,-(4) in sub-section (1), in the openlng portion, lor the words "at any time before the last lneta1ment", use words "on or before the date on which the last 35 instalment" shall be substltuted: (b) in sub-section (2), for the words ''before any one of the dates", the words "on or before any ode of the dates" shall be subatltuted; (c) in sub-sectjon (ja) , -(i) for the words "at any time before the date", the words "on or before the date" shall be substituted; (ii) in the proviso, for the words "before the date 5 on which the last instalment", the words "on or before thd date on which the last instalment" shall be substituted ameadment of ii in section 218 of the income-tax act, in sub-section section 218 (2), for the words "before the date", the words "on or 10 before the date" shall be substituted ameildmeat of - in section 245d of the income-tax act,-aeetiod 24sd (a) ld sub-section (1), the second proviso shan be omltted; (b) after sub-section (1), the following sub-section 15 shall be inserted, namely;-"(la) notwlthstancilng anything contained in subsection (1), an appllcatlon shall not be proceeded with under that sub-section if the commlssloner objects to the application beldg proceeded with on 20 the ground that concealment of particulars of income on the part of the appucant or perpetration of fraud by him for evading any tax or other sum chargeable or imposableudder the indian mcome-tax act, 1922, 11 of 1922, or under this act, has been established or is llkely 25 to be establlsbed by any income-tax authority, in relation to the case: provided that where the settlement commission is not satisfied with the correctness of the objection raised by the commissioner, the settlement 30 commission may, after giving the commissioner an opportunity of being heard, by order allow the appllcatlon to be proceeded with udder sub-sectlon (i) and send a copy of its order to the commissioner " am_meat of 11 in section 246 of the income-tax act, with effect 35 aectioll 246 from the 1st day of june, 1979,-(a) in sub-sectlon (2) -(i) for clause (a) the following clause shall be substituted, namely:-"(a) an order speclfled in clauses (b) to (it) 40 (both inclusive) and clauses (1) to (0) (both inclusive) of sub-section (1) or an order under section 104, made against the assessee, being a company;"; (ii) clauses (d) and (t) shall be omitted; 5 (b) after sub-section (3) and before the explanation i the following sub-sectlons shall be inserted, namely:-10 15 u (4) every appeal against an order specified in clauses (b) to (h) (both inclusive) and clauses (1) to (0) (both inclusive) of sub-section (1) made against the assessee, being a company, which is pending immediately before the 1st day of june, 1979 before an appellate assistant commissioner and any matter arising out of or connected with such appeal and which is so pending shall stand transferred on that day to the commissioner (appeals) and the commissioner (appeals) may proceed with such appeal or matter from the stage at which it was on that day: 20 provided that the appellant may demand that before proceeding further with the appeal or matter, the previous proceedlng or any part thereof be re-opened or that he be re-heard 25 30 (5) notwithstanding anything contained in subsection (i), the board may, by order in writing, transfer any appeal which is pending before an appellate assistant commissioner and any matter arising out of or connected with such appeal and which is so pending to the commissioner (appeals) if the board ls satlsfied that it is necessary or expedient so to do having regard to the nature of the case, the oomplexities involved and other relevant considerations and the commissioner (appeals) may proceed with such appeal or matter from the stage at which it was before it was so transferred: 35 provided that the appellant may demand that before prooeedlng further with the appeal or matter, the previous proceeding or any part thereof be re-opened or that he be re-heard" ii (1) the followldg amendment (beidg an amendment of a codseq1ential nature) sball be made in ihe income-tax act, namely:-in the eleventh schedule, for tbe brackets, words, figures and letter" (see section 32a)", the brackets, & words, figures uu:lletters " i:see section 32a and section 80ij(4)j" shall be substituted (2) the following amendments (being amendmeots of a consequential nature) shall be made in the income-tax act with effect from the 1st day of april, 1980, namely:-10 (a) in sub-sectlon (1) of section 20, in clause m, for the words, brackets and figures "clauses (iii),(vi) and (iii i) ", the words, brackets, flgures and letter "clauses (iii), (vi), (liii) and (viia)" sball be substituted; (b) in sub-section (3) of section 8m-15 (i) after the word, figures and letter "section 8og" the words figures and letters "or section 80gga" shall be inserted; (u) after the word figures and letters "section 8ojj", the words figures and letters "or section 80ijja" shall 20 be lnserted; (e) in sub-section (3) of section 80p,-(i) after the words, figures and letters "or section 8qjj", the words, figures and letters "or section 800'ja" shall be inserted; 2& (ii) for 1he words, figures and letters "section 800' and section 8qjj" the words, figures and letters "section 800' section 80ijj and section 800'ja" shall be substituted 30 27 of 1957 aldeadaleat of aectioa 4 ii in the w eal1h-tax act, 1957 (hereinafter referred to as the wealth-tax act) in section 4, with effect from the 1st day of aprll, 1980-(a) in sub-sectlon (ia) after the words "into the common stock of the tamlly" the words "or makjng a gift of sucb separate property to the family" shall be inserted; (b) in sub-sectlon (3), after the words, brackets, letter and figure "clause (0) of sub-section (n", the words, brackets, figure and letter "or sub-section (m)" sball be inserted 2" in section 22d of the wealth-tax act,-& amendmeat of aection 221> (0) in sub-section (1), the second proviso sball be omitted; (b) after sub-section (1), the following sub-section shall be werted, namely:-10 "(ia) notwithstanding anything codta1ned in subsection (1), an appucatlon shall not be proceeded with under that sub-seotion if the commissioner objects to the appllcatlon being proceeded with on the ground that concealment of particulars of the 1& net wealth on the part of the applicant 0 r perpetration of fraud by him for evading any tax or other sum chargeable or imposable under this act has been established or is likely to be estabusbed by any wealth-tax authority, in relation to the case: 20 provided that where the settlemejt commission is not satisfied with the correctness of the objection raised by the commissioner, the settlement commjssion may, after giving the commissioner an oppcntun1ty of being beard, by order, allow the application to be 26 proceeded with under sub-section (1) and send a copy of its order to the commissioner " ii, in section 23 of the wealth-tax act, after sub-section amead_t of (18), the following sub-section shall be inserted with effect from aactiod 23 the 1st day of june, 1979, namely:-\| 30 \| "(lc)notwitbstanding anything contained \| in \| sub-section \|\|-----------------------------\|--------------------------------------------\|----------------------------\|------------------\|\| (1), \| \| \| \|\| the board may, by \| order \| \| \|\| in \| \| \| \|\| writing, \| transfer \| any appeal which \| \|\| is \| \| \| \|\| pending before an appellate \| assistant \| commissioner and \| \|\| any \| \| \| \|\| matter \| arising \| \| \|\| olt \| \| \| \|\| of \| or \| connected with such appeal \| \|\| add \| \| \| \|\| which \| is \| so \| pedding \|\| to \| \| \| \|\| the \| commissioner \| (appeals) \| \|\| if \| \| \| \|\| the \| \| \| \|\| 81 \| board \| is \| satisfied \|\| it \| \| \| \|\| is \| necessary \| or \| expedielt \|\| to \| \| \| \|\| do \| \| \| \|\| having \| regard \| \| \|\| to \| \| \| \|\| the \| nature \| of \| the \|\| involved and \| \| \| \|\| other \| relevant \| considerations \| and the \|\| commissioner \| (appeals) may \| proceed \| with such appeal \|\| matter \| from \| \| \|\| the \| \| \| \|\| stage \| \| \| \|\| at \| \| \| \|\| which \| it \| was before \| it \|\| 40 \| \| \| \|\| transferred: \| \| \| \|provided that the appellant may demand that before proceeding further with the appeal or matter, the previous proceeding or any part thereof be re-opened or that he be re --heard " - 5 ajdeftdment of scbedule i b in the wealth-tax act, for part i of schedule i, the fa howing part shall be substituted with effect from the 1st day of april, 1980, namely:- "part i(1) in the case of every individual or hindu undivided family, not being a hindu undivided family to which item (2) of this 10 part applies, -ratt of tal (a) where the net wealth does not exceed rs 2, 50,000 1 per cent of the net wealth; 15 (b) where the net wealth exceeds rs 250,000 but does not exceed rs 5 00 000 rsl,250 plus 1 per cent of the amount by which the net wealth exceeds rs 2, 50, 000; 20 (e) where the net wealth exceeds rs500000 but does not exceed rs 1000,000 rs3,750 pills 2 per cent of the amount by which the net wealth exceeds rs 5,00,000; 25 (d) where the net wealth exceeds rsio,ooooo but does dot exceed rs 1500,000 rs 13,750 plus 3 per cent of the amount by which the net wealth exceeds rs 1000,000; (t) where the net wealth exceeds rs15,oo000 rs 28,750 plus 5 per cent of the amount by which the net wealth exceeds rs 15, 00, 000: provided that for the purposes of this item,-(i) no wealth-tax shall be payable where the net wealth 30 does not exceed rs 1,00000; (ti) the wealth-tax payable shall, in no case, exceed 5 per cert of the amount by which the net wealth exoeeds rs1, 00, 000 (2) in the case of every hindu undivided family which has at least one member whose net wealth assessable for the assessment year exceeds rs i, 00, 000,-rate of tax 5 ii per cent of the net wealth; ( a) where the net wealth does not exceed rs 2, 50, 000 rs3,750 plus 2 per cent of the amount by which the net wealth exceeds rs 2, 50,000; (b) where the net wealth exceeds rs 2,50,000 but does not exceed rs 5,00,000 10 (c) where the net wealth exceeds rs 5,00,000 but does not exceed rslo, 00,000 rs 8,750 plus 3 per cent of the amount by which the net wealth exceeds rs 5, 00,000; (d) where the net wealth exceeds rslo,oo,ooo rs 23,750 plus 5 per cent of the amoudt by which the net wealth exceeds rslo, 00,000: 15 provided that for the purposes of this item,-(t) no wealth-tax shall be payable where the net wealth does not exceed rsl, 00, oooi (it) the wealth-tax payable shall, in no case, exceed 5 per cent of the amount by which the net wealth exceeds 20 rsl,oo,ooo" gift-talamendment of act 18 of 1958 21 in section 22 of the gift-tax act, 1958,aiter sub-section (lb) , the following sub-section shall be inserted with effect from the 1st day of june, 1979, namely:-25 "(ie) notwithstanding anything contained in sub-section (1), the board may, by order in writing, transfer any appeal which is pending before an appellate assistant commissioner and any matter arising out of or connected with such appeal and which is so pending, to the commissioner (appeals) if the board is 30 satisfied that it is necessary or expedient so to do having regard to the nature of the case, the complexities involved and other relevant considerations and the commissioner (appeals) may proceed with such appeal or matter from the stage at which it was before it was so transferred: 35 provided that the appellant may demand that before proceeding further with the appeal or matter, the previous proceeding or any part thereof be re-opened or that he be re-heard " chapl'er iv indiuct taus\| amead \| \|\|-----------------\|------------------\|\| eat \| \|\| of \| \|\| 21 \| the \|\| act \| 51 \|\| the \| customs \|\| be \| \|\| amended \| \|\| in \| \|\| the \| manner \|\| in \| \|\| the \| second schedule \|\| & \| \|\| a \| \|\| eactment \| \|\| of \| \|\| act 1 \| \|\| of \| \|\| 1944 \| \|\| b \| \|\| the \| central \|\| 1944 \| \|\| (hereinafter \| referred \|\| to \| \|\| 88 \| \|\| the \| ceutral \|\| be \| \|\| amended \| in \|\| apecwed \| \|\| in \| the \|\| third \| \|\| schedule \| \|\| 10 \| \|\| aeeadld_t \| \|\| of \| \|\| act 58 \| \|\| of \| \|\| 1957 \| \|\| •• \| the \|\| importance) \| \|\| act, \| \|\| 1957 \| \|\| (hereinafter \| referred \|\| as \| \|\| the \| additional \|\| duties \| \|\| of \| exci8e act), \|\| shall \| be \|\| amended \| in \|\| in \| \|\| the \| fourth \|\| auxiubi)' \| \|\| duu_ \| of \|\| curtoma \| \|\| 16 \| \|\| 52 \| \|\| of 1962 \| \|\| ii \| \|\| (1) \| \|\| in \| \|\| the \| case \|\| of \| \|\| goods \| \|\| meotioned \| \|\| in \| \|\| the \| \|\| first \| \|\| schedule \| \|\| to \| \|\| the \| customs \|\| in \| \|\| that \| schedule \|\| 88 \| \|\| amended \| \|\| frqol \| \|\| time \| to \|\| be \| \|\| levied \| \|\| and collected \| \|\| as \| an \|\| auxlliary \| \|\| duty of \| customs \|\| an \| amount \|\| equal \| \|\| to \| \|\| twenty \| per \|\| cent \| \|\| of \| \|\| the \| value \|\| of \| \|\| the \| \|\| goode \| \|\| as \| determided \|\| in \| \|\| accordadce with \| the \|\| of \| \|\| section \| \|\| 14 \| \|\| of \| \|\| the \| customs \|\| act, \| \|\| 1962 \| \|\| (hereinafter \| referred \|\| as \| \|\| the \| customs act) \|\| (2) \| \|\| sub-sect1on ( \| \|\| 1) \| \|\| shall \| cease \|\| to \| \|\| have effect \| after \|\| 31st \| 20 \|\| day \| \|\| of \| \|\| march, \| 1980, except \|\| as \| \|\| respects \| tbidgs \|\| done \| \|\| or \| omitted \|\| to \| \|\| be \| \|\| clone \| \|\| before \| such \|\| cesse~ \| \|\| add \| \|\| section \| \|\| 6 \| \|\| of \| the \|\| clauses \| \|\| act, \| 1897, \|\| shall \| apply upon \|\| as \| \|\| if \| \|\| the \| \|\| said \| \|\| 10 \| of \|\| sub-section \| \|\| had \| \|\| then \| been repoaled \|\| by \| \|\| a cedtral act \| \|\| (3) \| the \|\| duties \| \|\| of \| \|\| customs \| referred \|\| to \| \|\| in \| \|\| sub-section \| \|\| 26 \| \|\| (1) \| \|\| snall \| be \|\| to \| \|\| any duties of \| customs \|\| such \| \|\| goods \| \|\| under \| ihe \|\| any \| \|\| other \| \|\| law \| \|\| for \| the \|\| being \| \|\| in \| \|\| force \| \|(4) the provisions of the customs act and the rules and regulations made thereunder, including those relating to refunds 30 and exelnptlons from duties, shall, 88 far as may be, apply in relation to the levy and col1ect1cm of the auxiliary duties of customs leviable under this section in respect of ad,y goods 88 they apply in relation to the levy and collection of the duties of customs on 8uch goodi udder that act or those rules and regulations, as the 35 cue may be 6 12 (lj in the case of goods chargeable wjth a duty of excise under the central excises act as amended from time to time, read with any notification for the time being in force issued by the central governmedt in relation to the duty so chargeable, there shall be levied and collected a special duty of excise equal to five per cedt of the amount so chargeable on such goods (2) sub-section (1) shall cease to have effect after the 31st day of march, 1980, except as respects things done or omitted to be done before such cesser; and section 6 of the general clauses 10 of 1897 10 act 1897, shall apply upon such cesser as if the said sub-section had then been repealed by a central act (3) the special duties of excise referred to in sub-sectjon (1) shall be in additioll to any duties of excise chargeable on such goods under the central excises act, or au,y ether law for 15 the time being in force (4) the provisions of the cer&ral 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 special duties of 20 excise leviable under this section in respect of any goods as they apply in relation to the levy and collection of the duties of excise on such goods udder that act or those rules, as the case may be chapi'er v25 foreign travel tax aa (1) this chapter extends to the whole of india (2) it shall come into force on such date as the cemral governmem may, by notification in the official gazette, appoint m in this chapter, unless the context otherwise requires,-30 22 of 1934 (a) ''aircraft'' means an aircraft as defined in section 2 of the aircraft act, 1934 which is used (whether exclusively or not) for the carriage of passengers; 36 (b) "carrier" means the person or authority undertaking the carriage of a passenger on an idternationai journey and 1dcludes any &gedt, representative or other person acting on behalf of such person or authority; (c) "customs port" and "customs airport" mean, respectively, a port or an airport appointed as such under clause (a) of section 7 of the customs act, 1962; 52 of 1962 (d) ''international journey", in relation to a passenger, means his journey from any customs port or customs airport on board 5 any ship or aircraft to a place outside india; (e) ''passenger'' means aqy person boarding, at any customs port or customs airport, a ship or an aircraft for performing an international journey, but does ntt include-(a) a person who has arrived at such oustoms port or 10 customs airport from a place outside india and is in transit through india: provided that he continues his journey to a place outside india-(i) on board the same ship and as part of the same 15 voyage of the ship; or (ii) by the same aircraft and the flight having the same number by which he arrived; or (b) a person employed or engaged in anv capacity on board the ship or aircraft on the business thereof; 20 (f) "ship" means a ship used (whether exclusively or not) for the carriage of passengers foreign travel tax 25 ii f 1) with effect from the date of commencement of this chapter, there shall be levied on all passengers embarking on international journeys a tax (hereafter in this chap;er referred to as the foreign travel tax)-(i) at the rate of one hundred rupees for every such journey to any place outside india other than a place in a neighbouring country; (ii) at the rate of fifty rupees for every such journey, 30 where such journey is to any place in a neighbouring country 5 explanation -for the purposes of this sub-section" ''neighbouring country" means any couatry which the central government may, having regard to the classes of persons who generally perform journeys to such country, the distance between india and such country, the means of communications available for reaching such country and any other relevant circumstances, specify in this behalf by notification in the official gazette s2 of 1962 10 (2) la accordaace with the ndes made uader this chapter, the foreip travel tax shall be collected by the officers or cusktms appoiated aader the customs act, 1962, or such orficers or the ceatral goverameat or the state goventmeat or the idteraatioaal airports authority or ladla coaslftiited uader the lateraatioaal airports authority act, 1971, as may be tborised ia this behalf by the ceatral goverament by aotl8catioa 43 of 1971 15 power to nempt 20 25 ia the orncial gazette and paid to the credit or the cea&raj goverameat • notwithstanding anything contained in this chapter, the central government may, by notification in the official gazette, and subject to stich conditions and limitations as may be specified therein, exempt, wholly or to such extent as may be specified in the notification, any class or classes of passengers or any category or categories of passengers under any such class from the payment of foreign travel tax if that government is satisfied that it is necessary or expedient so to do, having regard to the place of destination, purposes of the journey and any other special circumstances 37 no carrier or other person in charge of a ship or an aircraft shall allow any passenger to board the ship or aircraft unless such passenger has paid the tax payable by him under this chapter \| \| passenger \| not \|\|----------------\|----------------\|-----------\|\| to \| be \| permitted \|\| to board ship \| \| \|\| or \| aiacraft with- \| \|\| out payment \| of \| \|\| foreign travel \| \| \|\| tax \| \| \|penalties 30 •• ( 1) every passenger who embarks or attempts to embark on an international journey without paying the tax payable by him under this chapter shall, in addition to his liability to pay the tax, be liable to a penalty not exceeding two hundred rupees (2) every carrier or other person in charge of a ship or an 35 aircraft, who, in contravention of the provisions of section 37 allows any passenger or passengers to board the ship or aircraft, shall be hable to a penalty not exceeding three times the amount or the aggr~gate amount of the tax payable by the passenger or passengers so allowed to board the ship or aircraft (j) any penalty under this section may be adjudged, collected and paid to the credit of the central government by such authority and in such manner as may be specified in the rules made under this chapter 5 protection of action taken in good faith 10 •• no suit,or other legal proceeding shall ue against the central government and no suit, prosecution or other legal proceeding shall lie against 3i\y officer of the central government or the state government or the ldternational airports authority of india referred to in sub-section (2) of section 35 for anything in good faith done or intended to be dodtl in pursulldce of this chapter or the rules made thereunder power to make rules 40 (j) the central government may, by notwcation in the official gazette, make rules for carrying out the purposes of this chapter 15 (2) in particular, and without prejucuce to the generality of the foregoing power, such rules may provide for- a: the collection of the foreign travel tax iacladiag the charps (or collectioa payable to ad)' state govetdmeat or tile lateraatioaal airports aadaorltyof iddia referred to in saseclloa (2\ of sectjod 35, 20 the authortties by whom adjudication of pedaltles or other fmotions mder this chapter shall be discharged, the manner in which such tax, penallles or other sums due under this chapter shall be payable, the manner in which such tax, penalties or other sums shall be collected 25 and paid to the credit of the central government and the procedure for claiming refund 01 any amount paid under this chapter; (b) the powers of officers authorised under sub-section (2) of section 36 to enter inspect and search any ship or aircraft for the purpose of carrying on any duty imposed on such officer 30 by or under this ch84ter: 2 oll974 providec\ that the provisions of the code of cr1minal procedure, 1973 relating to searches, shall, so far as they are applicable, apply in relation to searches udder rules made \dlder this cher 35 " ((;) the procedure for adjudication of penalties; (d) appeals against orders made under this cbalter, the manner in which and the time within which such appeals may be preferred and the fees payable therefor; 5 (e) the returns and other particulars and information which may be required to be furnished for the purposes of this chapter, the persons or authorities by or to whom or which, and the intervals at which,such returns, particulars and information shall be furnished; 10 (f) any other matter which is to be, or may be, provided for by rules under this chapter 15 rules d notifications to be laid before parualdent 20 25 u every rule made udder this cha(ter and every notification issued under the erplanauon to sub-section (1) of section 35 or section m shall be laid as soon as may be after it is made or issued before each house of parliamedt while it is in session for a total period of thirty days wh1ch 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 notification or both houses agree that the rule should dot be made or the notification should not be issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the val1dity of anything previously done under that rule or dotification 10011897 30 u chajker vd of the f1nadce (no2) act, 1971 (relating to foreign travel tax) shall cease to have effect exc as respects things dode or omitted to be done before such cesser and section 6 of the general clauses act, 189'1 shall apply upon such oesser as if the said chapter had then been repealed by a cedtral act c of operation of chapter vn of act 32 of 1971 and •• vill" chapter viml8cl:llalfeou8 act 6 of 189& 35 u in the first schedule to the indian post office act 1898, for the sub-headings" letters" add wletter cards "and the entries under those sub-headings, the following shall be substituted namely:- " lettersfor a weight dot exceeding ten grams 30 paise \| \| \| \| \| 15 \| paise \|\|----------\|-----------\|-----\|-------\|-------\|-----------\|\| for \| every \| ten \| grams \| or \| fraction \|\| thereof, \| exceeding \| ten \| grams \| \| \| letler-cards\| 25 \| paise \|\|-----------------\|-----------\|\| if \| \|\| for \| a \|\| 5 \| \|\| amendment \| \|\| of \| \|\| act 10 of 1963 \| \|u in the agricultural refinance and ljevelopn::ent corporation act, 1963, after section 42, the following section shall be inserted, namely:-43 of 1961 10 7 of 1964 corporation to be exempt from incometax and surtax for a certain period "42a notwithstanding anything contained in the income-tax act, 1961 or the companies (profits) surtax act, 1964, the corporation shall not be liable to pay auy tax under either of the said acts on its income, profits or gains for the previous year relevant to the assessment year commencing on the 1st day of april, 1979 and for the four previous years next following that previous year " 15 amendment of act 21 of 1973 in section 23 of the finance act, 1973, for the words "six previous years", the words "seven previous years" shall be substituted amendment of act 38 of 1974 • in the compulsory deposit scheme (income-tax payers) act 1974-(il) in section 3, in sub-section (1), for the figures, letters 20 and words "1st day of april, 1980", the figures, letters and words "1st day of april, 1982" shall be substituted; (b) in section 4, in sub-section (1), in clause (iii), for the words, figures and letters "on the 1st day of april 1979", the words, figures, letters and brackets "on the 1st day of april, 25 197 9 and every subsequent assessment year $lot being an assessment year commencing on or jifter the 1st day of april, 1982)" shall be substituted declaration under the provisionlll collection of tues act1931 30it is hereby declared that it is expedient in the public interest that the provisions of clauses 2s, 29, 30, 31 and 32 of this bill shall have immediate effect under the provisional collection oj taxes act, 1931 16 of 1931 the first schedule (set section 2) part i income-tax and surcharge on income-tax 5 p "'''a,,,ph a •in the cbse of every individual or hindu undivided famuy or unregistered firm or other association of persons or body of individuals, whether incorporated or not, or every artificial 10 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 n of this paragraph or any other paragraph of this part applies, - rilles df inc""'ticunil; 15 (1) where the total income does not exceed rs 8, 000 15 per cent of the amount by which the total income exceeds rs 8,000; (2) where the total income exceeds rs 8,000 but does not exceed rs 15,000 20 (3) where the total income exceeds rs 15,000 but does not exceed rs20,000 rs 1, 050 plus 18 per cent of the amount by which the total income exceeds rs 15,000; 25 (4) where the total income exceeds rs 20,000 but does not exceed re 25,000 rs 1,950 pills 25 per cent of· the amount by which the total income exceeds rs 20,000; (5) where the total income exceeds rs 25,000 but does not exceed rs 30,000 rs 3,200 pills 30 per cent of the amount by which the total income exceeds rs 25, 000; 30 (6) where the total income exceeds rs 30,000 but does not exceed rs50,ooo rs 4,700 pills 40 per cent of the amount by which the total income exceeds rs 30,000; (7) where the total income exceeds rs 50,000 but does not exceed rs 70, 000 rs 12,700 pills 50 per cent of the amount by which the total income exceeds rs 50,000 (8) where the total income ra 22,700 plus 55 per oent of exceeds rs 70,000 but does not the amount by whioh the total exceed rs i, 00,000 idcome exceeds rs 70, oooi rs 39,200 plus 60 per oent of (9) where the total income exceeds ra 1,00,000 the amount by whioh the total 5 idcome exceeds rs 1,00,000: provided that for the purposes of this sub-paragraph,-(i) do idcome-tax shall be payable on a totallncome not exceeding rs 10,000; cii) where the total1dcome ,xceeds rs 10,000 but does 10 dot exceed rs 10, 540, the income-tax payable thereon shall not exceed seventy per cent of the amount by wbich the total income 8xc86ds rsi0,ooo the amount of income-tax computed in accordance wlth the 15 preceding provisions of this sub-paragraph shall be lncreased by a surcharge for purposes of the union calculated at the rate of fifteen per cent of such lncome-tax in the case of every ii1ddu undivided family whioh at any time 20 during the previous year bas at least one member whose total income of the previous year relevant to the assessment year commencing on the 1st day of april, 1979 exceeds rs 10,000,-nil; 25 (1) where the total income does not exceed ra 8, 000 (2) where the total income exceeds re 8, 000 but doe not exceed re 15,000 18 per cent of the amount by which the total income exceeds re 8, oooi (3) where the total inoome exceed ra 16,000 but does not exceed ra 20, 000 \| rs \| 1,260 \|\|--------\|----------\|\| phu \| \|\| 25 \| per \|\| the \| \|\| amount \| by \|\| the \| \|\| total \| \|\| idcome \| exceeds \|\| aa \| \|\| 15, \| \|\| oooi \| \|(4) where the total income exceeds re 20,000 but does not exceed re 26, 000 ra 2, 510 plus 30 per cent of the amount by which the total ldcome exceeds rs 20, oooi 35 ra 4,010 plus 40 per cent of the amount by which the total income exceeds rs 25, 000; (5) where the total income exceeds re 25,000 but does dot exceed re 30,000 5 (6) where the total income exceeds ra 30,000 but does not exceed re 50, 000 \| rs \| 6, \| 010 \|\|---------\|-----------\|-------------\|\| plus \| \| \|\| 50 \| per \| cent \|\| the \| amount \| by \|\| income \| exceeds \| rs \|\| (7) \| \| \|\| where \| the \| totalldoome \|\| exceeds \| \| \|\| rs \| \| \|\| 50,000 \| but \| does \|\| exceed \| ra \| 70,000 \|\| rs \| 16,010 \| \|\| plus \| \| \|\| 55 \| per \| cent \|\| the \| amount \| by \|\| income \| exceeds \| rs \|\| oooi \| \| \|\| 10 \| \| \|\| (8) \| \| \|\| where \| \| \|\| the \| \| \|\| total \| income \| rs \|\| plus \| \| \|\| 60 \| per \| cent \|\| the \| amount \| by \|\| the \| \| \|\| total \| \| \|\| income \| exceeds \| rs \|\| exceeds \| rs70,ooo \| \|provided that for the purposes of this sub-paragraph,-(i) no income-tax shall be payable on a total income not 15 exceeding re 10,000; (ii) where the total income exceeds rs 10,000 but does not exceed rs 10,690, the income-tax payable thereon shall not exceed seventy per cent of the amount by which the total income exceeds rs 10, 000 20 surcharge on income-talthe amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall be increased by a surcharge for purposes of the union calculated at the rate of fifteen per cent of such income-tax paragraph b25 in the case of every co-operative society,- rates of inco"'t--t41\| (1) \| where \| the \| total \| income \|\|---------\|--------------\|----------\|----------\|-----------\|\| does \| not \| exceed \| re \| 10,000 \|\| 16 \| per \| cent \| of \| the \|\| income; \| \| \| \| \|\| exceeds \| rs \| 10,000 \| but \| does \|\| exceed \| \| \| \| \|\| ra \| \| \| \| \|\| 20, 000 \| \| \| \| \|\| 30 \| (2) \| where \| \| \|\| the \| \| \| \| \|\| total \| income \| \| \| \|\| rs \| \| \| \| \|\| i, \| \| \| \| \|\| 500 \| \| \| \| \|\| plus \| \| \| \| \|\| 25 \| per \| cent of \| \| \|\| the \| amount \| by \| which \| the \|\| income \| exceeds \| rs \| 10,000; \| \|\| (3) \| \| \| \| \|\| where \| \| \| \| \|\| the \| \| \| \| \|\| total \| income \| \| \| \|\| exceeds \| rs20,ooo \| \| \| \|\| rs \| 4,000 \| \| \| \|\| plus \| \| \| \| \|\| 40 \| per \| oent of \| \| \|\| the \| \| \| \| \|\| amount \| by which the \| total \| \| \|\| income \| exceeds \| rs \| 20, 000 \| \| surcluuae on income-tlllthe amount of income-tax computed in accordance with the preceding provisions of this paragraph sball be increased by a surcharge for purposes of the union calculated at the rate of fifteen per cent of buch iocome-tax 5 p iirllsrqh c suih> iirllarqh iin the case of every registered firm, not be1dg a case to which sub-paragraph u of this paragraph appues,-rlltts of income-t4i 10 (1) where the total income nil; does not exceed rj 10,000 (2) where the total income 5 per cent of the amount by exceeds rs 10, coo but does not which the total income exceed ra 25, 000 exceeds rs 10, 000, 15 (3) where the total income rs 750 plus 7 per cent of the exceeds rs 25,000 but does not amount by which the total exceed ra 50, 000 income exceeds rs 25, 000; 20 (4) where the total income rs 2, 500 plus 16 per cent of exceeds ra 50, 000 but does not the amount by which the total exceed ra 1,00,000 income exceeds bs so, 000, (5) where the total income rs 10,000 plus 24 per cent exceeds re1,00,000 of the amount by which the total income exceeds ra 1,00,000 ~rchmbt on "'comt·t4% 25 the amount of income-tax computed in accordanoe with the preceding provisions of this sub-paragraph shall be increased by a burchaige for purposes of the union calculated at the rate of fifteen per cent of buch income-tax sub-p mclbraph ii 30 in the cue of every registered firm whose total income includes income derived from a profession carried on by it and the income 80 included is not leas toan fifty-one per cent of auoh total income,-\| rates \| of \| income-tl% \|\|----------\|-------\|---------------\|\| nil; \| \| \|\| (1) \| where \| the \|\| doea \| not \| exceed \|\| rs \| \| \|\| 10,000 \| \| \|6 \| \| (2) \| where \| the \| total \| income \|\|------------\|--------\|----------\|--------\|----------\|-----------\|\| exceeds \| ra \| 10,000 \| but \| does \| not \|\| exceed \| ra \| 25,000 \| \| \| \|\| 4 \| per \| cent \| of \| the \| amount \|\| which \| the \| total \| idcome \| exceeds \| \|\| rs10,ooo, \| \| \| \| \| \|10 (3) where the total income exceeds be 25,000 but does not exceed ra 50,000 \| rs \| 600 \|\|---------\|-------------\|\| ph,s \| \|\| 7 \| \|\| per \| cent \|\| the \| \|\| amount \| by \|\| exceeds \| rs \|\| rs \| 2,350 \|\| plu's \| \|\| 13 \| \|\| per \| cent \|\| amount \| by \|\| idcome \| exoeeds \|\| (4) \| \|\| where \| the \|\| exceeds \| ra \|\| exceed \| ra1, \|\| 15 \| (6) \|\| rs \| 8,850 \|\| pills \| \|\| 22 \| per \|\| the \| amount \|\| the \| \|\| total \| \|\| income \| exceeds \|\| exceeds \| ra1,oo,ooo \| surcwge on "'co"'i-tl%the amount of income-tax computed in accordance with the 20 preceding provisions of this sub-paragraph shall be increased by a surcharge for purpoaes of the union calculated at the rate of fifteen per cent of such income-tax eq'arultidn - - for the purposes of this paragraph, "registered firm" includes an unregistered firm assessed as a reg1s-25 tered firm under clause (b) of sectiod 183 of the income-tax act p ar/lflraph din the case of every local authority,- rate of income-tgion the whole of the total income 50 per cent surcharge on tncollle-tl%30 the amount of income-tax oomputed at the rate hereinbefore speolfled shall be increased by a surcharge for purposes of the union calculated at the rate of fifteen per cent of such 1ncometax in the c&88 of 8 oompany,- l in the case of 8 domestic oompaay,-(i) where the company is 5 - company in whicb the publlc are substantially interested,-(i) in case where the 45 per cent of the total income; total1noome does not exceed rei,oo,goo 10 fii) in 8 case where the 55 per cent of the total income; total income exceeds re 100000 (2) where the company is dot a company in whicb the 15 public are bubstadtlally laterested, -(i) in the c818 of an idduatr1al oompany_ 20 56 per cent of the total income; (> where the total !dcome does dot exceed re 2, 00 000 60 per cent of the total 1dcome; 25 (b) where the total lacome exceeds rs 2, 00, 000 (ii) in any other case 65 per cent of the total income: provided tbat-(i) the idcome-fax payable by a domestic company being a company in which the pubuc are substantially lnterested the total income of which exceeds re 100,000, shall not 30 exceed the agregate of-(g) the income-tax which would have been payable by the company if its total 1dcome had been rs 1 00, 000 (the income of ra 1,00000 for this purpose being computed as if such income included income from vai'lous 35 source8 in the same proportion a8 the total1ncome of the company); and (b) eighty per cent of the amount by which its total idcome exceeds rs 1,00, oooi 5 (it) the income-tax payable by a domestic company, not belnc a company in which the public are substantially intere8ted, wblch is an industrial company and the total lddome of which exceeds rs 2,00,000, shall dot exceed the aggregate of-10 (4) the idcome-tax which would bave been payable by the company if its total income bad been re 2, 00, 000 (the income of rs 2,00,000 for thi8 purpose being computed as if such income included income from various sources in the same proportion as the total income of the c<dpany); and 15 (b) eighty per cent of the amount by which its total income exceedfl rs 2,00,000 d in the calle of a company other than a domestlc company,-\| (t) \| on \|\|-----------\|-----------\|\| 110 \| \|\| much \| of \|\| the \| \|\| total \| \|\| 20 \| income \|\| as \| \|\| consists \| of- \|\| (4) \| \|\| royalties \| received \|\| from \| an \|\| pursuance \| of \|\| made \| \|\| by \| it \|\| the \| \|\| iad1an \| \|\| 25 \| \|\| collcern \| after \|\| of \| march, \|\| but \| \|\| before \| \|\| the \| \|\| 1st \| day \|\| or \| \|\| 30 \| \|\| 35 \| \|\| (b) \| \|\| fees \| for \|\| technical \| services \|\| from \| an \|\| pursuance \| of \|\| made \| by \|\| it \| \|\| with \| the \|\| lddian \| \|\| concern \| after \|\| the \| \|\| 29th day \| \|\| of \| february, \|\| but \| \|\| before \| the \|\| 1916, \| \|\| 60 \| \|\| per \| \|\| cent \| \|\| i \| \|\| and \| where \|\| in \| either \|\| by \| the \|\| 40 \| \|\| 10 \| \|\| per \| cent \|\| (ti) \| \|\| on \| \|\| the \| \|\| balance, \| \|\| if \| \|\| any, \| \|\| of \| the \| s"'cluarge on incolle-tathe amount of income-tax computed in accordance with the preceding provisions of this paragraph shall be increased by a surcharge calculated at the rate of five per cent of such income-tax part d rates for deduction of tear at source in certgtn cases 10 in every case in whjch under the provisions of sections 193, 194, 194a, 194b, 194bb, 194d bdd 195 of the income-tax act, tax is to be deducted at the rates in force, deduction shall be made from the income subject to deduction at the followink rates:-1dc0me-tax rate of income-tax rate of surcharge 15 1 in the case of a person other than a company-(a) where the person is resident in india-10 per cent nil; 20 (i) on income by way of interest other than ''interest on securities" 6 per cent; (ii) on income by way of 30 per cent winnings from lotteries and crossword puzzles 6 per cent; 25 (iii) on income by way of 30 per cent winnings from horse races nil; (iv} on income by way of 10 per cent insurance comm iss ion nil; 30 (v) interest on 'rights' deben-10 per cent tures issued by a company in which the pubuc are substantially interested 35 40 erplcmotwn - for the purposes of this item, 'rights' debentures, in relation to a company, means debentures which are issued by the company for the purpose of augmenting its jodi-term resources for working capital requirements and which) according to the terms and conditions 01 issue thereot are required to be offered first to residents of lddia wbo, at the date of the offer, are holders of equity shares of the company in income-tax rate of 1dcome-tax rate of surcharge proportion, as near iy as circumstances 5 admit, to the capital paid up on those shares at that date 20 per cent 4 per cent (vi) on any other income (excluding interest payable on a tax-free security) 10 (b) where the person is not resident in india-(i) on the whole income (excluding interest payable on a tax-free security) 15 20 income-tax at 30 per cent and surcharge at 6 per cent of the amount of the income, or income-tax and surcharge on income-tax in respect of the income at the rates ptescribed in sub-paragraph lof paragraph a of part m of this schedule, if such incom e had been the total income, whichever is higher; 15 per cent 3 per cent 25 (u) on income by way of interest payable on a taxfree security 2 in the case of a company-(g) where the company is a domestic company-30 (i) on income by way of 20 per cent l 5 per cent ; interest other than "interest on securities" 225 per cent 15 per cent ; (ii) on any other income (excluding interest payable on a tax-free security) 35 (b) where the company is not a domestic company-25 per cent nil; 40 (i) on income by way of dividends payable by any domestic company income-tax rate of rate of lucome-tax surcharge (ii) on inoome by way of 40 per cent nil; royalty payable by an indian 5 coucern in pursuance of an agreement made by it with the lddlan concern after the 31st day of march, 1976, where such royalty is in 10 col18ideratlon for the transfer of all or any rights (illcludlng the granting of a licence) in respect of copyright 111 any book on a subject referred to 15 in the i'rovlso to sub-section (ja )of section u5a of the inoome-tax act, to the indian concern (iii) on inoome by way of 20 royalty ['not being royalty of the nature ref~rred to in sub-item (b) (ii)] payable by an indian concern in pursuance of an agreement 25 made by it with the indian concern and which bas been approved by the central government, -( a) where the agreement 50 per cent 375 per cent; 30 is made after the 31st day of march, 1961 but before the 1st day of aprll, 1976 (8) where the agreement is made after the 31st day 35 of march, 1976-(i) on 80 much of the 20 per cent nil; amount of such income aa col181sts of lump 8udl consideration for the transfer 40 ldcome-tu rate of rate of ldoome-tax surcbarp outside iddia of, or the 5 tmpartidg of idformatiod outside fddja id respect of, any data, documeatatiod, drawldg or epeclftcatton relatldg to any 10 patent, taveatjod, model, deslp, aecret formula or process, or tl'llde mark or similar property (2) on the balance, if "'0 per cent nil; 15 any, of such income ('11) on income by way of fees for technical services payable by an iddtan concern in p!rsu8dce of an agreement 20 made by it with the iddtan concern and which has been approved by the central government-(a) where the agreemeat 50 per cent 375 per cent ; 25 1a made after the 29th day of pebruary, 198f but before the 1st day of april, 1978 (b) where the acreemeat fo per oeat nil; 30 made after the 3111t day of march 1976 (ii) on income by way of '" per aert 33 per cent ; interest payable on a taxfree security 35 (iii) on any other income 70 per cent 525 per cedl part mrates for calculating or chargine income-tar in certain cgses, deductinb income-tal from income chargeable under the head "salaries" or lily payment referred to in sub-section (9) of section 80e and computing advanc e tg% - • in cases in which income-tax has to be calculated under the first proviso to sub-section (5) of section 132 of the income-tax act or charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section 175 or sub-section (2) of section 176 of the said act or deducted under section 192 of the sald act from income chargeable under the head ''salaries'' or deducted under subsection (9) of section 80e of the sald act from any payment referred to in the said sub-section (9) or in which the "advance tax" payable under chapter xvu-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 xu or section 164 of the income-tax act at the rates as specified in that chapter or section), shall be so calculated, charged, deducted or computed at the following rate or rates:- paragraph a silb-p aragraph iin the case of every individual or hindu undlvlded fam fly or unregistered firm or other association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (liii) of clause (31) of section 2 of the income-tax act, not being a case to which sub-paragraph u of thls paragraph or any other paragraph of this part applies,-rates 0 f inc"" e-tal (1) where the total income nil; does not exceed rs 8,000 (2) where the total income exceeds rs 8,000 but does not exceed re 15, 000 15 per cent of the amount by which the total income exceeds ra 8,000; 35 (3) where the total income exceeds rs 15, 000 but does not exceed rs 20, 000 rs 1050 plus 18 per cent of the amount by which the total income exceeds rs15, 000; (4) where the total income rs 1,950 plus 25 per cent,of the amount by which the total income exceeds rs 20, 000; 5 exceeds rs 20,000 but does not exceed rs 25, 000 (5) where the total income exoeeds rs 25,000 but does not exceed rs 30,000 rs 3,200 plus 30 per cent of the amount by which the total income exceeds rs 25000; 10 (6) where the tota1income exceeds rs 30,000 but does not exceed rs 50,000 rs 4,700 plus 40 per cent of the amount by which the total income exceeds rs30, 000; 15 ('1) where the total income exceeds rs 50,000 but does not exceed rs 70,000 rs 12700 plus 50 per oent of the amount by which the total income exceeds rs 50 000; (8) where the total income exceeds rs 70,000 but does not exceed rs 1,00,000 rs 22,700 plus 55 per cent of the amount by which the total income exceeds rs 70,000; 20 (9) where the total income rs 39200 plus 60 per cent of the amount by which the total income exceeds rs 1,00,000: exceeds rs 1, 00, 000 provided that for the plrposes of this bub- paragraph -(i) no inoome-tax shall be payable on a total inooma not 25 exceedidg rs 10,000; (ii) where the total income exceeds rs 10,000 but does not exceed rs 12000, the income-tax payable thereon shall not exceed thirty per cent of the amount by whioh the total income exceeds rs 10, 000 30 sllrchmge on income~tcli the amount of income-tax complted in accordaooe with the preoedlng provisions of this sub-paragraph shau be inoreased by a surcbage for purposes of the union oalculated at the rate of twenty per cent of such income-tax in the oue of every bidml ulldtvlded famby which at any time mrm, the prevloua year hu at leut ode member wbose total idcome of the prevloua year relevant to the aaaeaament year oommeacm, oil the !at day of aprn 1980 exceeds re 10 000 -5 (1) where the total idcome nil; doea not exceed rs 8000 (2) where the totalillcome 18 per cent of the iuiloudt aceeda ra 8000 but does dot by wbloh the total idoome 10 exceed ra 16 000 exceeds re 8000; (3) where the totalilloome ra 1280 plus 25 per cent exceeds ra 15000 but doea dot of the amount by which the 8koeed ra 20000 totalldcome exceeds rs15 000; (4) where the total iiloome ra 2510 plus 30 per cent of 15 exceeds ra 20000 but does dot the amount by which the total exceed ra 25 000 income exceeds ra20, 000; (5) where the total income ra 4010 plus 40 per oent exceeds re 25 000 but does of the amount by which the dot excoed ra 30 000 total income exceeds 20 rs 25,000; fs) wbare the total ldoome ra 6010 plus 60 per oeat exceeda ra 30, 000 but doea dot of the amount by which the exoeed ra 60, 000 total tacome exceed8 re· 30000 25 (1) where tba total toome re 16,010 plus 66 per oeat exceeds ra 60000 but doe of the riilouiit by wlljch the total dot aceed ra 70,000 tacome exceeds ra 60000; (8) wbare the total iaoome ra z'1,010 phis 60 per ca exceeds rs 70, 000 of the ildouiii bj which the 30 total idcome exceeds rs70,000: provided that for the plrpoaea of ihla sub-paragraph-(f> do income-tu: sball be pqable ci1 a total ldcome not exceedjdg rs 10000: (if) where the total iqcome exceeds rb 10000 but does not exoeed rs13 000, the 1dcome-tu: payable thereon suli 5 dot exceed thirty per cent of the amount by whlah tm total income exceeds rs 10 000 the amount of ldoome-tu computed ia accorduoe with the preoedjdg provlslolul of we sub-parap-aph 8hall be idcreued 10 by a 8urcharp for purpo s of the udba oalculated at the rate of twenty per cent of such iacome-tax in the case of every co-operatlve aoclety-15 15 per cent of the total lacome: (1) where the total income does not exoeed rs 10000 (2) where the total income aceeds rs 10, 000 but does dot exceed rs 20000 20 rs 1500 plus 25 per cent of the amount by which the total iaoome exceeds rs 10,000: (3) where the total iaoome exceeds rs 20000 rs 4000 plus 40 per oent of the amoudt by which the total income exceeds rs 20,000 surcharge dfi incolllt-w25 the amount of iaoome-tax computed ia accordance with the precedldg provlslons of this paragraph shall be iaoreased by a eurcharre for purposes of the union calculated at the rate of twenty per oent of such idcollle-tax su~paragraph iin the case of every registered firm, not beidg a oue to whjch sub-paragraph n of tb1a paragraph applles,-5 rates of in"e-w (1) where the total income nil; does not exceed rs 10,000 10 (2) where the total income 5 per cent of the amount by exoeeds rs 10,000 but does dot which the total idoome exoeeds exceed rb 25,000 rs 10,000; (3) where the total income rs 750 plus 7 per cent of exceeds rs 25, 000 but does not the amount by whjch the total exceed rs 50, 000 income exceeds rs 25, 000; 15 (4) where the total income rs 2, 500 plus 15 per cent exceeds ra 50,000 but does not of the amount by which the exceed rs 1,00,000 1dtal idoome exceeds rs 50,000; 20 (5) where the total income rs 10,000 pills 24 per cent exceeds rs 1,00,000 of the amount by which the 1dtallncome exceeds rs 1,00,000 sureltwae on ineollle-tathe amount of income~ax comp!ted in acoordadce with the preoecung provisions of tbts sub-paragraph shall be increased by a surcharge for p!rposes of the union oalculated at the rate 25 of twenty per oedt of auch idcome-tu sll~paraaraph iiin the case of every registered firm whose total income includes income derived from a profession carried od by it and the income 80 included is not less than flfty-one per cent of such total income,-nil; (1) where the total income does not exceed rs 10,000 5 (2) where the total income exceeds rs 10,000 but does not exceed rs 25,000 4 per cent of the amount by which the total income exceeds rs 10,000; (3) where the total income 10 exceeds rs 25,000 but does not exceed rs 50,000 rs 600 plus 7 per cent of the amount by which the total income exceeds rs 25,000; (4) where the total income exceeds rs 50,000 but does not exceed rs 1,00,000 15 rs 2,350 plus 13 per cent of the amount by which the total income exceeds rs 50,000; (5) where the total income exceeds rs 1,00,000 rs 8, 850 plus 22 per cent of the amount by which the total income exceeds rs 1,00,000 20 surcharge on income-tarthe &n;iount of income-tax complted in accordance with the precedmg provisions of this sub-paragraph shall be increased by a surcharge for plrposes of the union calculated at the rate of twenty per cent of such mcome-tax 26 erp'tdlation - -for the plrposes of this paragraph, "registered firm" includes an unregistered firm assessed as a registered firm udder clause (b) of section 183 of the income-tax act paragraph din the case of every local authority,-rate of incomeot41 30 on the whole of the total income 50 per cent surcharge on '"'oifte-taxthe amount of income-tax computed at the rate hereinbefore specified shall be increased by a surcharge for purposes of the union calculated at the rate of twenty per cent of such mcome-'tax paragrqh ein the case of a company, - rates of incollle-teui in the case of a domestic company,-(1) where the company 18 a 5 company in which the public are substantially interested,-(i) in a case where the 45 per cent of the total income; total in 00 me does not exceed rs 1,00,000 10 (ti) in a case where the total 55 per centof the total income; income exceeds rs 1,00,000 (2) where the company is not a company in which the public are subatantlally interested,-15 (i) in the case of an tndustrirl company,-(a) where the total 65 per cent of the total income; income does not exceed r8 2, 00, 000 20 (b) wbere the total 60 per cent of the total income; income exceeds rb 2~ 00,000 (it) in any other case 65 per cent of the total income: provided that -(i) the income-tax payable by a dome8tic compad,y, being a 25 company in which the public are substantially interested, the total income of wblch exceeds r81,00,000,ba11 not exoeed the aggregate of -(a) the income-tax wblch would have been payable by the company if its total1ncome bad been rbl, 00, 000 (the income 30 of rs1, 00, 000 for this purpose being computed as if such income included income from various sourceb in the bame proportion as the total income of tbe company); and (b) eighty per cent of the amount by which its total income exceeds rs 1,00,000; (ii) the income-tax payable by a domestic compa'1y, not being a company in which the public are substantially interested, which 5 is an industrial company and the total income of which exceeds rs 2,00,000, 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 2, 00,000 (the income of rs 2, 00, 000 for this purpose being computed as if such 10 income il1cluded income from various sources in the same proportion as the total income of the company); and (b) eighty per cent of the amount by which its total income exceeds rs 2,00,000 n in the case of a company other than a domestic company, -15 (t) em so much of the total income as consists of -(a) royalties received from an indian concern in pursuance of an agreement made by 20 it with the indian concern after the 31st day of march, 1961 but before the 1st day of april, 1976, or (b) fees for rendering technical 25 services received from an indian concern 10 pursuance of an agreement made by it with the indian concern after the 29th day of february, 1964 but before the 1st 30 day of april, 1976, 50 per cent ; and where such agreement has, in either case, been approved by the central government 70 per cent (tt) on the balance, if any, 35 of the total income surch4rat on incomt-taxthe amount of income-tax computed in accordance with the preceding provisions of this paragraph shall be increased by a surcharge calculated at the rate of seven am a half per cent of such income -tax 5 part iv ~ee section 2(7)(e~ rules faa computation or net agriculnjllal mcoma:rule 1 -agricultural income of the nature referred to in sub-clause (4) of clause (1) of section 2 of the income-tax act 10 shall be computed as if it were income chargeable to ldcome-tax under that act under the bead l'iileome from other sources" and the provisions of sections 57 to 59 of that act shall, so far as may be, app~ accordingly: provided that sub-section (2) of section 58 shall apply subject 15 to the modification that the reference to section 40a therein shall be construed as not inch':ilng a reference to sub-sections (3) and ( 4) of section 40a ride 2 -agriculturallncome of the nature referred to in sub-clause (b) or sub-clause (c) of clause (1) of section 2 of the 20 ldcome-tax act (other than income derived from any building required as a dwelling house by the receiver of the rent or revenue or the cultivator or the receiver of rent-in-klnd referred to in the said sub-clause (e)jshall be computed as if it were income chargeable to lncome-tax under that act under the head "profits 25 and gains of busines8 or profession" and the provisions of sections 30,31,32,34,36,37 ,38,40,40a ~ther than subsections (3) and (4) thereoi, 41, 43, and 43a of the income-tax act shall, so far as may be, applyaccordlngly rule 3 - agricultural income of the nature referred to in 30 8ub-clause (e) of clause (1) of section 2 of the income-tax act, being ldcome derived from any building required as a dwelling bouse by the receiver of the rent or revenue or the cultivator or the receiver of rent-in-kind referred to in the sald subclallse (c) shall be computed as if it were income chargeable 35 to ldcome-tax under that act under tbe head "income from house property" and the provisions of sections 23 to 27 of that act shall, so far as may be, apply accordingly: provided that sub-section (2) of the said section 23 shall apply subject to the modifications that the references to "total income" therein shall be construed as references to net agricultural income and that the words, figures and letter "and before mak-5 ing any deduction under chapter via" shall be omitted rule 4 - notwithstanding anything contained in any other provisions of these rules, in a case where the assessee derives income from sale of tea grown and manufactured by him in india, such income shall be computed in accordance with rule 10 8 of the income-tax rules, 1962, and slxty per cent of such income shall ~ regarded as the asricultural income of the assessee rule s -where the assessee is a partner of a registered firm or an unregistered firm assessed as a registered firm 15 under clause (b) of section 183 of the income-tax act, which in the previous year has any agricultural income, or is a partner of an unregistered firm which has not been assessed as a registered firm under clause (b) of the said section 183 and which in the previous year has either no income charge -20 able 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 unregistered firm but has any agricultural income, then, the agricultural income or loss of the firm shall be computed in accordance with these rules and his share in the 25 agricultural income or loss of the firm shall be computed in the manner laid down in sub-section(l), sub-section (2) and sub-section (3) of section 67 of the income-tax act and the s hare so computed shall be regarded as the agricultural income or loss of the assessee 30 rule 6 -where the assessee is a member of an association of persons or a body of individuals (other than a hindu undivided famuy, a 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 cbarge-35 able to tax in the case of an association of persons or a body of individuals (other than a hindu undivided famuy, a company or a firm) but has any agricultural income, then, the agriculturalincome or loss of the association or body shall be computed in accordance with these rules and the share of the 40 assessee in the agricultural income or loss so computed shall be regarded as the agricultural income or 108s of the assessee rul e 7 - where the result of the oomputation for the previous year 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 idcome: provided that where 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 associatlon of persons or a body of lddividuals add the share of the assessee in the agricultural 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 assessee from any other source of agricultural income rule 8 -any sum payable by the assessee on account of any tax levied by the state government on the agrioultural income shall be deducted in computing the agrlculturallncome rule 9 -(1) where the assessee has, in the previous year relevant to the assessment year commencing on the 1st ·dav of april, 1979, any agricultural income and the net result of the computation of the agricultural income of the assessee for any one or more of the previous years relevant to the assessment years commencing on the 1st day of april, 1974 or the 1st day of apru, 1975 or the 1st day of april, 1976 or the 1st day of april, 1977 or the 1st day of aprllj1978, is a 1088, then, for the purposes of sub-section (2lof section 2 of this act,-(i) the loss so ocmputed for the previous year relevant to the assessment year commencing on the 1st day of april, 1974, to the extent, if any, suoh loss has not been set off against the agricultural income for the previous year relevant to the assessment year commenoing on the 1st day of april, 1975 or the 1st day of april, 1976 or the 1st day of april, 1977, or the lat day of aprll, 1978, (if) the loss so oomputed for the prevlous year relevant to the assessment year commenoing on the 1st day of april, 1975, to the extent, if any, such loss has not been set off against the agrlouuural inoome for the previous year relevant to the assessment year commencing oil the 1st day of april, 1976 or the 1st day of april, 1977, or the 1st day of aprll, 1978, (iii) the loss so computed for the previous year relevant to the assessment year oommencing on the 1st day of april, 1976, to the extent, if any, such los8 has not been 8et off against the agricultural inoome for the previous year relevant to the 5 assessment year commencing on the 1st day of april, 1977, or the 1st day of april, 1978, (iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1977, to the extent, if any, such loss has not been set off against the 10 agricultural income for the previous year relevallt to the assessment year oommencing on the 1st day of april, 1978, and (v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1978, shall be set off against the agricultural inoome of the assessee 15 for the previous year relevant to the assessmeot year commencing on the 1st day of april, 1979 (2) where the as8essee bas, in the previou8 year relevant to the asses8ment year oommencing on the 18t day of april, 1980 or, u by virtue of any provisim ci the income-tax act, income-tax 20 is to be charged in respect of the income of a period other than that previous year, in 8uch other period, any agricultural income and the net result of the oomputauoo of the agrioultural income d the use8bee for bdy ode or more of the previous years relevant to the as8essment years oommencing on the 1st day of april, 25 1974 or the 1st day of april, 1975 or the 1st day of april, 1978 or the lat day of april, 1977 or the 1st day of april, 1978 or the 1st day of april, 1979, is a loss, then, for the purposes of subsection (6) of section 2 of this act, -(i) iile 1088 80 oomputed for the previous year relevant to 30 the uses8ment year commencing od the 1st , of april, 1974, to the extent, if any, 8uch 1088 baa not beed set off qawt the agricultural mcome for the previous year relevant to the assessment year commencing oil the 1st day of april, 1976 or the 1st day of april, 1978 or the 1st day of april, 35 1977 or the 1st day of april, 19'18 or the 1st day of april, 1979, (it) the 1088 80 computed for the previous year relevant to the asses8ment year commencing on the 1st day of april, 1975, to the extent, if any, 8uch 108s has not been set off ap1nst the agr1culturallncome for the previous year relevant to the use8sment year commencing on the 1st day of april, 18'78 or the 1st day of april, 1977 or the 1st day of april, 1978 or the 1st dav of april, 1979 (iii) the loss so oomputed for the previous year relevant to the assessment year commencing on the 1st day of april 1976, 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 1st day of april, 6 1977 or the 1st day of april, 1978 or the 1st day of april 1979 (iv) the loss 80 computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1977, to the extent if any such loss has not been set off against the agrlculturalincome for the previous year relevant to the 10 assessment year commencing on the 1st day of april, 197 8 or fhe 1st day of aprll, 1979, (v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april 1978 to the, extent if any such loss has not been set off against the agricul-15 tural income for the previous year relevant to the assessment year commencing on the 1st day of april 1979, and (vi) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april 1979, shall be set off against the agricultural income of the sessee 20 for the previous year relevant to the asseument year commencing on the 1st day of april 1980 or the period aforesaid (3) where a change has occurred in the con~itutlon of a tlrm, nothing in sub-rule (1) or sub-rule (1) shall entitle the firm to set off so much of the loss proportionate to the share of a 25 retired or deceased partner computed in the manner laid down in sub-section(1) - sub-section (1) and sub-sectlon (3) of section 67 of the income-tax act as exceeds his share of profits, if any of the previous year in the firm, or entitle any partner to the benefit of any portion of the said loss (computed in the manner 30 aforesaid) which is not apportlonable to him (4) where any person deriving any agrlculturalincome from any source has been succeeded in such capacity by another person otherwise than by 1nheruance, nothing in sub-rule (ij or sub-rule (2) shall entitle any person, other than the person 35 incurring the loss, to have it set off under sub-rule (1) or, the case may be, sub-rule (2) (5) notwithstanding anything contained in this rule, do 1088 which has not been determined by the income-tax officer uilder the provisions d these rules, or the rules contained in part iv 40 20 of 1974 26 of 1975 86 of 1976 29 of 1977 19 of 1978 of the first scbedule to the fmance act, 1974, or of the first 8cbedule to the fldance act, 1975, or of the first schedule to the firumce act, 1976, or of the first schedule to the finance (no2) act, 1977, or of the schedule to the finance act, 197,8, 5 shall be set off under sub-rule (1) or, as the case may be, subrule(2, rule 10 -where the net result of the computation made in accordance with these rules is a loss, the 1088 80 computed shall be ignorpd and the net agrlcultnralincome shall be 10 deemed to be kil ride 11 -the provisions of the income-tax act relating to procedure for assessment (including the provisions of section 288a relating to roundin¥ off of income) shall, with the necessary ml,d1ficatiodb, apply in relation to the computation of the net 15 agricultural income of the assessee as they apply in relation to the assessment of the total income rule 12 -for the purposes of computing the net agrioultural income of the 88s88s88, the income-tax officer shall have the same powers as he has under the income-tax act for the purposes 20 of assessment of the total income (se, aeouod 28) iii the plrat schedule to the custom tariff act, the u1btidg _ry ''camphor'' oocurruag in oolwdll fl) apiast sub-hadidg no (10) i of headtu, no 2901/45 ihall be omlttecl heading no bub-beadidi no and description of article r,te of duty ~tion wben stlrclard preferential rates of duty areas are protective 18 (1) (3) (6) in tbefirit scbedule to the customs tariff act, in beadidg no 2901/45, after ilub-beadhlg no (20), the following sub-beadidg aball be inserted, namely:-15 "(21) camphor 100% " (see olion 29) put i ia the firat schedule to the central excises aol-5 (') ill item no 1a for each of the entries in the third oolumn agahlst ~b-items (1) (2) (3) ad (4) the entry "tweaty per cent od vglorem ii shall be substituted; (it) iii item no lb for the entry in the third column the emry "fifteea per o_t od valorem • " shall be 10 ilubatituted; (~ii} in item no1c for the entry in the third column the eacry "fifteea per cent 4d vglor ii shall be substituted ; (iv) in item no ld mr the entry in the third column 15 against sub-item (2) the entry ''siuy per cent vejortli - " aball be bubbtituted; (") i" item no 11;, for the _try in the· third column the entry llfifteea per c_t id "alojeil • ii aball be substituted; 20 (iii) ill item no2 in the entry in the third column apiast sub-item (2) for the words ''twenty per ceot od vgloraft n the words ''twenty-five per cent 4d "alorem - ' shall be substituted (vii) iii item no4 under ''ii manufactured tobacco-" 25 for the entries in the third column against sub-items (2) (3)(1) (3)("', (4) (6) and (6) the eatries "three huddred per cert, ad ""orem pb" twedty rupees per thouudd " "six rupees per thou8lllcl it ''three rupees per thoulllldd ti, ''three huadred per c_t od valortjii - " 'pfhirty per oant 30 ad v41orejfl!' and ''81x rupees per jdlogram ii shall respectively be substituted; (i1ui) in item no5 for the edtry in the third column, the entry '':nil'' shall be subet1&uted; (ii) id item no 8 for the _try ill the third columa 36 the _try "two tbowl8jld sevea huadred aad fifty rupees per kljol1tre at f1fteed degrees of c-tigrade thermometer " iball be llubattutedj (x) in item no7, for the entry in the third column, the entry "five hundred rupees per idlolitre at fifteen degrees of centigrade thermometer" shall be substituted: 5 (ii) in item no lla, for the entry in the third column, against bub-item (2), the entry "four hundred rupees per metric tonne " shall be substituted: (iii) in item no 14, for each of the entries in the third column against sub-items 1(2)(ii), 1(2) (lv) m(l) and m(ii) the entry ''twenty per cent ad valorem o' " shall be bubstltuted: 10 (liii) in item no 14m, for the entry in the third column against sub-item (i), the entry "fifteen per cent ad valorelll " shall be substituted: (xiv) in item no 1400, for the entry in the third column, the entry "thirty per cent ad valorem ti" shall be substituted; 15 (iv) in item no 14f, for the entry in the third oolumn, the entry ''one hundred per cent ad valorem - " shall be substituted: (xvi) in item no 14ff, i>r the entry in the-third column, the entry ''twenty-five per cent ad valorem " shall be 20 bubstltuted: (ivil) in item no 148,-(a) for each of the entries in the third oolumn against aub-ltems(i) (il) add (iii) the entry "fifteen per cent ad valor, ii shall be substituted; 25 (") for the entry id the third column against sub-item (tv) the entry "rupee one per kilogram " shall be substituted; 30 (c) for the entry in the third column against sub-item (v) the eatry '~irty per cent ad vg!ore •• " iihall be substituted; () for the entry id the third coluliid against sub-ltem (vi), the _ry "puleal per cent valorell • " shall be substituted; (%mii) ja item no 15 for the entry in the third column apiabt sub-item (i), the _ry "twedty per cent ad valortlll " 35 iihall be substituted; (rir) in item no 1m,-(a) for each of the entries in the third column against sub-items (3) and (4), the entry "seventy-five per cent ad valorem " shall be substituted; 5 (b) the erplanation shall be numbered as erplangcton i ~ and after that explanation as 80 numbered, the following explcuaatidn shall be inserted, namely:-it explanation 11- this item does not include electrical insulators o~ electrical insulating 10 fittings or parts of sucb insulators or insulating fittings "; (rr) in item no 15aa, mr thl3 entry in the third column, the entry ''twenty per cent ad valorem ," shall be substituted; 15 (ui) in item no 150, for the entry in ule third column, the entry "fifteen per cent ad valor"" "shall be substituted ; (nii) in item no 16a, for the entries in the third column against sub-items (1), (2), (3) and (4), the entries "fifty-five 20 per cent ad valorem· ", ''thirty-five per cent ad lia1orem ", ''twenty-five per cent f ad valor"" "and "twenty-five per cst ad lialorem "shall, respectively, be substituted; (uiu) in item no 16b, for the entry in the third column against sub-item (ti), the 8dtry ''thirty per cent ad lialorem - " 25 shall be substituted; (xrill) in item no 18, for the entry in the third oolumn against sub-item m (i), the entry "six paise per count per jdlogram " ahall be substituted: (uii) in item no 18a, for the entry in the third oolumn 30 against sub-item li), the entry "six paise per count per kilogram " ahall be substltuted; (iivi) in item no 19, after explanation il, the following erplanation shall be inll8rted, namely-"erplanation ill __ this item does not include door 35 coverings, falling under item no 220 "; (uvii) in item no 21,-(a) for the entry in the third column against sub-item (i), the entry ''tw lv8 per cent ad valorem" shall be substituted ; (b) after erpj atioll fl, the followldg erpl ioll ehall be inserted, namely:-"elplanation m - this item does not include floor ooveridgs, falling udder item no 220 "i (iivm) in item no 22, after elplanation hi, the followidi 6 elplcmation ahall be inserted, namelyi -" elpl ation iv - this item does not include floor coveridg, fallldg under item no 22g ti: (liil) in item no 22c for the eatry in the third column, the try ''thirty per cent ad vaiorellll " shall be 10 substituted; (iu) in item no 22e, for the entry in the third column, the entry ''twenty per cent ad valortlf " shall be substituted: (iiii) in item no 22f,-16 (a) the expl ion shall be numbered a erplgllclltoft i, 8dd for clause (tv) of the erplgll4lliolii as so numbered, the followmg clause shall be substituted, namely:-" (tv) manufactures in which miileral fibres or yarn or both predominate or predominate in weight ": (b) after elj)lacltion i as so numbered, the following 20 erplanation shall be inserted, namely:-"erp'an4ltion n - thill item does not include asbestos cement products ": (inu) in item no 2m,-(a) for sub-item (1), the following sub-item shall be 26 substituted, namely:-i (1) flat gla •• thirty-five per cent u valorem:: eipj8fi4itioll -"plat glass" mcludell sheet glaaa, wired glas and rolled gla •• whether in the i>rm of plate glu, so flpred glass or m y other form (b) for sub-1tem (4), the followtdcllub-item shall be substituted, damely:-"(4) other glas add punare includidg tableware thirty-five per a_ ,d vor, ": (0) the followldg eq'liiuitldrt shall be inserted at the edd, namely:-" e%plldlgtton -this item does dot include electrical ijujulators or electrical insu1atidg fittings or parts of 5 8uch insulators or insulating fittings fi; (uli") in item no 23b,-(i) for the entry in the third column against sub-item (4), the entry ''thirty per cent ad vilorelll " shall be substituted; 10 (b) the ezpllmtion shall be numbered as erplclmtton i, idd after that explanation as 80 numbered, the followbag erplancitiolir shall be inserted, namely:-rr erplgllation ii - this item does dot include electrical bleulators or electrioal insulating fittings or parts 15 of such insulators or insulating fittings "; (uuii) in item no 28a, for the entry in the third colulllll, the entry ''twenty per cent ad vllorem " shall be substituted, (ruii) in item no 29a,for the entries in the third column against sub-items (1) and (2), the entries "eighty per cent 20 ad viiorejii" and ''one hundred and ten per oent ad ii110rem - " 8ball, respectively be substituted; (ruiii) in item no 30, under "a motors which operate on altematbag current -", for the entry in the third column aga~st sub-item (2)(i) the entry ''twenty per oent 26 ad liorem " shall be substituted; (lix111i) in item no 3ob, for the entry in the third column, the _try "fifteen per ost cui aiorelll - " shall be substituted; (uxlllu) in item no 32, for the 8iltry in the third column agajast sub-item (i), the entry ''thirty per cedt ad lialore •• " 30 sball be substituted; (iidi) in item no 33a,-(t) for the edtry in the third column agajnat sub-item (i), the entry "thirty per cmt " ,, •• " sball be liub8tltuted; 35 (b) for each of the _tries in the third column apldst bub-items (2), (3) add (4), the eotry "forty per oem ", •• " ihall be liubst1tuted; (xl) in item no 33b for the entry in the third column against sub-item (i) the entry "twenty per cent ad vgjorem " shall be substituted; (rli) in item no 33c for the entry in the third column the eiiltry ''thirty per cent • ad vgjorciii - " shall be sub-5 stituted; (lui) in item no 330, for the entry in the third column the entry "twenty per cent ad valor •• " shall be substituted (diu) in item no 3300, for the entry in the third 10 column, the emry "twenty-five per cent ad l1alortlll " shall be substituted (iliv) in item no 33f, for each of the entries in the third column agaillst sub-items (1) bdd (2) the entry "forty per ceat ad valorem " shall be substituted; 15 (xlv} in item no 34,-(a) under ''i motor vehicles-" for the entries in the third column against sub-items (1), 2(1) 2(ii) and (3) the eatries ''tweaty per cert ad valorelll ti ''twenty-five per cent ad vgjorai n ''thirty per cent ael valor""" 20 add ''twenty-five per cent ad valorem ti shall respectively be substituted; (b) under 'me trauers!' for the entry in the third column the eiiltry "ten per oedt ad valortlll " shall be substituted; (slvi} in item no 34b for the entry in the third column, 25 tbe eiiltry nf1fteen per cst cad valorem " shall be substituted (dvi') item no 35 shall be omitted; (rlvui) in item no 37a, for tbe entry in tbe third column against sub-item (i), the eutry ''twenty'';five per cent cad valore •• " shall be substituted; 30 (lui) in item no 37m for the entry in tbe tbird column, the entry "forty per ceat ad v4lortlll - " shall be substituted; (1) 1illtem no 37b for the entries in the third column agajnst sub-items (1) and (2), the entries ''twenty-flve per cent - - valorem - n add i~rty-flve per cent ad valorem " shall 35 re8p8ctively be substituted (if) in item no 38 for the eatry in the third column, the _try ''ore rupee bdd thirty paise for every \000 matches or fractto_ thereof" shall be substituted (ui) in item no 40, for the ent:ry in the third column, the entry ''twenty-five per cent tid vtdorem " shall be substituted; (uti) in item no 43, for the entry in the second column, 5 the following entry shall be substituted, namely:-''wool tops and carded gilled suvers contain-ing in either case, more than fifty per cent by weight of wool calculated on the total fibre content ": 10 (hv) in item no 45, for the entry in the third column, the entry "fifteen per cent tid vtdorem " shall be substituted; (111) in item no 48, for the entry in the third column, the entry ''thirty-five per cent tid iitdorem - " shall be 15 substituted; (ivi) in item no 5la for the entry in the third column the entry "fifteen per cent ad vtdorem " shall be substituted; (mi) in item no 52 for the entry in the third column the entry "fifteen per cent ad vlliorem " shall be substituted: 20 (lviii) in item no 53 for the entries in the third column against sub-items (1) and (2), the entries ''twenty-iive per cent tid valorem " and ''thirty per cent tid vtdorem " shall respectively be substituted: (iii) in item no 56 for the entry in the third coluidn the 25 entry ''thirty per cent ad vtdorem " shall be substituted; (ir) in item no 57, for the entry in the third column the entry "fifteen per cent ad va!orej " shall be substituted: (bi) in item no 58 for the entry in the third column, the entry "fifteen per cent tid vlliorem " shall be 30 substituted: (bii) in iwm no 60, for the entry in the thlrd ooluxdd the entry "fifteen per cent ·ad vtdorem • " shall be substituted; (bui) in item no 61 for the entry in the third column the entry ''twenty per cent gd vtdorem - " shall be substituted: 35 (ljiil) in item no 63 for the entry in the third oolumn the entry "fifteen per cent ad valorem " shall be substituted: (lrl1) 1d item no 64, for the _try in the third column, the 8iltry "fifteen per cent d 11a1"r •• " shall be substituted; (1i11i) 1d item no 65 for the entry in the third column, the 8ilt1'7 "fifteen per cent ad iim,r, " shall be mlbstltuted 5 item no description of goods rate of duty - (1) (2) (3) in the first schedule to the central excises act -(i) blltem no4, udder ''ii manufactured tobacco-", after bub-item (6) the followldg sub-item shall be inserted, 10 umely:-"('7) hookah tobaoco fifteen per cent , 1ia1"ral "; (ti) for item no 14c, the followldg item shall be 8ubatltuted aamely:-15 "1tc glycerine -(1) crude glycerine 20 fifteen per cent u lia1orcii fifteen per cent g4 iit1orell, "; (2) glyoel1ae other than crude glycerble (ui) after item no 22f the m1lowidg item shall be blaerted, umely:-thirty per cent 1111'''11 "; floor coverings, name ly,,:-cljlpets, carpeting andruas (made up or not) e",clll4ltion i - thlaltem doeb _ 1dolude nl8f - siiw_li, n jute ,, clfr '-ret • 30 erpl •• , u - - thi item all laclude carpets carpetidg ad ruga havtaa the cbanotor1luca of door coveridla but ljatended for un for u;r other papo_ whataoever -------__--------item no description of goods rate of duty (3) (1) (2) (iv) for item no 34a, the following item shall be substituted, namely:-5 twenty per cent lid vcajo rem '; '34a parts and accessories of motor veidcles and tractors, including trailers, the folldwing, name ly:-10 15 20 (0 brake linings; (io clutch facings; (iii) engine valves; (iv) gaskets; (v) nozzles and nozzle holders; (vi) pistons; (vii) piston rings; (viii) gudgeon pins; (ix) circlips; (x) shock absorbers; (ii) sparking plugs; (xii) thin-walled bearings; (xiii) tie rod ends; (xiv) electric horns; (xv) filter elements, inserts and cartridges 25 erpllllation i - the expression ''motor vehicles" has the meaning assigned to it in item no 34 e%piillgtion ii - - the expression ''tractors'' shall include agricultural tractors 30 (11) after item no 46, the following item shall be inserted namely:-'47 locks, all sorts, and keys therefor twenty per cent lui ,,1i,r 'i erplcanation - - "lock" means a loclddg device operated by - 36 key or oodtrolled by a combjdat1on of letters or figures (vi) after -item no 68 the followidaltem shall be bahrted, name1y:-"19 tooth bbushbs tweaty-ftve per oem, ,, , •• "i item no description of goods bate of duty (1) 12) (3) (liii) mr item no 68, the bllowing item shall be substituted, namely:-6 eight per cent lui vaiorelll " ''68 all other goods, not elsewhere specified, but exc wiling -(4) alcohol, all sorts, includidg alcoholic liquor for human consumption i (b) opium, iiid1an hemp and other narcotic drugs and 10 il&rooticsi aad (e) dutiable goods as def1ned in section 2(e' of the medlc1dal add touet preparat101l8 (excise duties) act, 1965 (16 of 1966) the fourth schedule (see section 30)in the first schedule to the additional duties of excise act in item no4, udder "11 mlltufg&tured tobg&co ,_" -5 (i) for the entries in the third column against sub-items (2) (3)(1) and (3)(ii)~ the entries ''one hundred per cent g4 vgjorelll plus ten rupees per thousand " ''two rupees per thousand ii and ''o:le rupee per thousand!' shall respectively, be substituted; 10 (ii) after sub-item (4) the fbllowlng sub-items shall be inserted namely:-\| "(5) \| chewing \|\|-----------\|------------\|\| tobacco \| \|\| ten \| per \|\| cent \| \|\| tad \| \|\| v,,10 \| \|\| rem \| - \|\| two \| \|\| rupees \| per \|\| ldlogram \| \|fj) snuff 15 ('1) hookah tobacco five per cent tad valltrem - " statement of objects and reasonsthe object of the bill is to give effect fx> the financial proposals of the central government for the financial year 1979-80 the notes on clauses explain the various provisions contained in the bul new delhi; charan singh the 28th febl'1lary, 1979 president's recommendation under articles 117 at'id 274 of the constitution of india(copy of letter no f 3(1)-b(d)/79 dated the 28th february, 1979 from shri charan singh, deputy prime minister and minister of finance, to the seoretary, lok sabh~) the president, having been informed of the subjeot matter of the proposed bill, reocxnmends under clauses (1) and (3) of article 117 read with clause (1) of article 274 of the constitution of india, the introduction of the finance bill, 1979 to the lok sabha and also recommends to the lok sabha the oodsideration of the bill 2 the bill will be introduced in the lok sabha immediately after the presentation of the budget em the 28th february, 1979 notes on cr""sesclause 2, read with the first schedule to the bul, seeks to prescribe the rates at which income-tax (including surcharge thereon) is to be levled on inoome chargeable to tax for the assessment year 1979-80 further it lays down the rates at whioh tax is to be deducted at souroe during the financial year 1979-80 from incomes subject to such deduotion under the income-tax act; and the rates at whioh "advance tax" is to be paid and tax is to ,be oaloulated and charged in special cases for the financial year 1979-80 rates of income-tax fot the assessment year 1979-80 - part 1 of the first schedule to the bul specifles the rates of income-tax (including surcharge) on incomes liable to tax for the assessment year 1979-80 these rates are the same as those specified in part iii of the schedule to the finance act 1978 for the purpose of deduction of tax at source from "salaries" and for computation of "advance tax" payable during the financial year 1978-79 rates for deduction of tax at source during the financial year 1979-80 from incomes other than "salaries" - part ii of the first schedule to the blll speclfies the rates at which income-tax (including surcha"'ge where applleable) is to be deducted at source during the finanoial year 1979-80 from inoomes other than "salaries" and ~etlrement annuities under seotion 80e(9) of the income-tax act the rates specified in this part for deduction of tax at source are the same as those specified in part u of the schedule to the finanoe act 1978 for the purposes of deduotion of tax at source during the flnancial year 1978-79,exoept for certain modifioations in the case of income by way of winnlngs from lotteries and orossword puzzles, and wbmings from horse races payable to a resident recipient (other than a company) during the financial year 1979-80, tax will be deductible at the rate of 36 per cent (made up of basic lncometax of 30 per cent and surcharge of 6 per cent) as agalnst 34 5 per cent during 1978-79 in the case of incomes by way of interest on securities (not being lnterest on a tax-free security) or dividends payable to a resident recipient (other than a company) during the financial year 1979-80 tax will be deductible at the rate of 24 per cent (made up of basic income-tax of 20 per cent and surcharge of 4 per cent) as against 23 per cent during 1978-79 in the case of incomes by way of lnterest on 'rightstdebentures issued by companies in which the public are substantially interested, deduction of tax at source will, however, be made at the rate of 10 per cent in the case of incomes (other than interest on a tax-free security) payable to a nonresident (other than a company) during the financial year 1979-80, tax will be deductible at the mlnimum rate of 36 per cent (made up of income-tax of 30 per cent and surcharge of 6 per cent ) as against 345 per cent in 1978-79 in the case of interest on a tax-free security payable to a non-corporate non-resident the rate for deduction will be 18 per oent (made up of lnoome-tax of 15 per cent and surcharge of 3 per cent ) as against 1725 per cent in 1978-79 in the case of incomes by way of lnterest other than ''interest on securities" payable to a domestic company during the financial year 1979-80, tax will be deductible at the rate of 21 5 per cent (made up of income-tax of 20 per cent and surcharge of 15 per cent )as against 21 per cent in 1978-79 in the case of any other inoome (excluding interest payable oll a tax-free security) payable to a domestic company during the financial year 1979-80, tax will be deductible at the rate of 24 per cent (made up of income-tax of 22 5 per cent and surcharge of 1 5 per cent ) as against 23 per cent in 1978-79 in the case of income by way of royalty payable to a foreign company by an indian concern in pursuance of an agreement made by it with the indian concern and approved by the central government before 1st april, 1976, tax will be deductible at the rate of 53 75 per cent (made up of income-tax of 50 per cent and surcharge of 375 per cent) as against 525 per cent in 1978-79 similarly, in the case of incomes by way of fees for technical services payable to a foreign company by an indian concern in pursuance of an agreement made by it with the indian concern and approved by the central government before 1st april, 1976 tax will be deductible at the rate of 5375 per cent (made up of income-tax of 50 per cent and surcharge of 3 75 per cent ) as against 525 per cent in 1978-79· further, incomes by way of interest payable on a tax-free security toa foreign company during the financial year 1979-80, tax will be deductible at the rate of 473 per cent (made up of income-tax of 44 per cent and surcharge of 33 per cent) as against 462 per centin 1978-79 in the case of any other income payable to a foreign company during the financial year 1979-80 tax will be deductible at the rate of 7525 per cent (made up of income-tax of 70 per cent and surcharge of 5 25 per cent) as against 73 5 per cent in 1978-79 rates for deduction of tax at source from ''salaries'' and retirement annuities, computation of ''advance tax" and charging of income-tax in special cases during the financial year 1979-80 - part in of the first schedule to the bill specifies the rates at which income-tax (including surcharge) is to be deducted at source from "salaries" and retirement annuities referred to in section 80e(9) of the income-tax act and also the rates at which "advance tax" is to be paid and income-tax is to be calculated or charged in special cases for the financial year 1979-80 these rates are the same as those specifled in part i of the first schedule to the bill for the ass~ssment of incomes liable to tax for the assessment year 1979-80 except for the following modiflciltlons :-(i) in the case of individuals hindu undivided families unregistered firms etc, no tax is payable if the total income of the assessee does not exceed rs10 000 where the total income exceeds rs10 000 by a small margin the income-tax (ex~luding surcharge) payable by the assessee will not exceed 30 per cent of the excess of the total income over rs10, 000 as against 70 per cent hitherto in the case of individuals hindu undivided families with no member having independent taxable income exceeding rs10 000 unregistered firms etc, this margihal provision will cease to operate where the total income exceeds rs 12000 while in the case of hindu undivided families baving one or more members with independent taxable income exceeding rs 10 000 it will cease to operate where the total income exceeds rs 13 000 (ll) the rate of surcharge on income-tax in the case of all non-corporate assessees is proposed to be increased from 15 per cent to 20 per cent of such incometax (ui) the rate of surcharge on income-tax in the case of all categories of companies 18 prop08ed to be increased from 5 per cent to 75 per cent of such 1ncometax the provisions in the blll for the purposes of computation of "advance tax" and charging of income-tax in special cases during the financial year 1979-80 in the case of lndividuals hindu undivided famllies, unregistered firms, etc, having net agriculturallncome, in addition to non-agrlculturallncome exceeding rsi0, ooo,are the same as in the finance act, 1978 excepting that the income-tax payable shall in no case exceed 60 per cent of the excess of the total income over rs10 000 as against 70 per cent hitherto in the case of companies the rates of income-tax specified in paragraph e of part iii of the first schedule to the blll are the same as those specified in paragraph e of part i of the first schedule to the b1ll except for the modification that the rate of surcharge has been increased from 5 per cent to 75 per cent of such lqoome-tax clause 3 seeks to make certain amendments in section 10 of the income-tax actsub-clause (a) seeks to ameud sub-clause (vua) of clauae (6) of sectiod 10 at present a foreign tecbn1cian employed by the govemment, a local authority, a &tutory corporation, an approved scientific research association or ~ business in india i8eut1tled to -exemttlon from income-tax in respect of his 8alary 8ubject to certain coddiuons for the purpose of tbja provision, a 'technician' means a perbon bavide apecialllled kiiowledp and experience in construouodal or manufacturing operatiou or in mining or in the gederation of electricity or ady otber form of power or agriculture animal husbandry dairy farming, deep sea fishing or ship building the forelp teclmjcjan eupble for this exemixlon should be employed in india in a capacity in which 8uch specialised knowledge and experiedce are actually util1sed udder the propoeed amendmedt, the central government is being empowered to specify by dotif1cauon in the omcial gazette, any other field in which the foreip teclm1c1aa cu be employed in india having regard to the avallab1l:lty of indian t8clmiciua in that field, the needs of the coulltry and other relevlull ctrcumstadces the ameadmeat,111 take effect from 1st june, 1979 add wlll apply in relation to the u medt year 1980-81 add subeequeat year •• sub-clause (b) seeks to amedd sub-clause (11) of clause (15) of section 10 udder the existing provisions interest on deposits in post office savings banks and bonus in respect of deposits under the post office savings bank (cumulative time deposits) rules, 1959 is exempt from income-tax to the extent to which the amount of such deposits does not exceed the maximum amount which is permltted to be so deposlted under the proposed amendment, the interest on deposits in a public account in the post office savings bank wui be exempt from tax up to rs 2,250 for this purpole, a "publlc account" means an account specified in item (3) in the table below rule 3 of the post office sav1ngs banks rules 1966 this amendment wtll take effect from 1st april 1980 and will accordingly apply in relation to the asessment year 1180-81 add subsequent years sub-olause (0) seeks to 1daert two new clauses (23bb) and (23bba) in seotkm 10 the finance (no2) act, 1977 inserted a new section 24a in the khad1 and v1llage industries commission act, 1956 so 88 to exempt the khadi and v1llap industries commission established under the said act from the paymem of tax under the income-tax act the new clause (23bb) seeks to gram exemption from 1dcometax 1n respect of any income derived by similar authorities set up under any state or provincial act the new clause (23bba) seeks to exempt income of bodies or authorities established, codstituted or appointed under any enactment for the administration of public religious or charitable trusts or endowments (including math§ temples, gurciwarm walds t churches, synagogues, aglaries or other places of public religious worship) or societies for reltglous or charitable purposes it is, however, being made clear that the exemption will not apply to ~ income of any such trust, endowment or society the proposed amendments will apply retrospectively from lilt april, 1962, that is to say, the date of commencement of the income-tax act, 1961 clause 4 seeks to amend section 35b of the income-tax act relating to export markets development allowance under the existing provisions a weighted deduction at the rate of one and one-third times the qualifylng expenditure on the development of export markets is allowed in the computation of taxable profits of a small-scale exporter a holder of export bouse certificate add a perlioil ,apd in the busines of provlsloil of technical know-how to persons outside india or in the performance of any services in connection therewith it is proposed to make two amendments in this section under the first amendment, bdy expenditure incurred on advertisement or publicity outside india in respect of the goods services or faculties which the assessee deals in or provides in the course of his business· wui qualify for weighted deduction under the second amendment the benefit of the export markets development allowance is being extended to all domestic companies and other non-corporate assesbees resident in india these amendments will take effect froq 1st apru 1980 and will accordingly apply in relation to the assessment year 1980-81 and subsequent years clause 5 seeks to amend section 35cca of the income-tax actunder section 35cca, an assessee engaged in a business or profession is entitled to a deduction tn the computation of the taxable profits, in resp8ct of expenditure incurred by him by way of payment of any 8um to an association or institution having as its object the undertakldg of au;v programme of rural doyelopmedt, to be used for tjae purposes of carrying out such programme tho deductlon ls admissible only j,n cases where the association or institution and also the programme are approved by the prescrlbed authority the proposed amendments seek to provide that expenditure incurred by such a aeea by way of payjd8llt of any sum to an association or institution approved by the prescribed authority will also be allowed as deduction where such association or idaubition has as ita object the tratnldg of pers0d8 for lmplem8lltm, proaramme of rural clevelopjdedt the proposed amendments will take effect from 1st june, 1979 and will apply in relation to the assessment year 1980-81 and subsequent years clause 6 seeks to make certain amendments in section 36 of the income-tax act sub-clause (a) seeks to insert a new clause (la) in sub-section (1) of section 36 under the proposed amendment, the amount of premium paid by a federal milk co-operative society to effect or to keep in force an insurance on the life of the cattle owned by a member of a primary milk co-operative society affiliated to it wlll be allowed as a deduction in the computation of profits of the federal milk co-operative society sub-clause (b) seeks to insert a new clause (vila) in sub-section (1) of section 36 the new clause seeks to provide that any provision for bad and doubtful debts made by a scheduled commercial bank, in relation to advances made by itl!!j rural branches, in an ,amount not exceeding ii per cent of the aggregate average advances made by such branches wui be allowed as deduction in the computation of its taxable profits the aggregate average advances so made will be computed in the manner to be prescribed in the rules for the purposes of this clause, a "rural branch" will mean a branch situated in a place with a population not exceeding ten thousand sub-clause (c) seeks to amend clause (vlu) of sub-section (1) of section 36, under the existing provisions, approved financial corporations engaged in providing long-term finance for industrial or agricultural development in india are entitled to a deduction, in the computation of their taxable proflts, of the amounts transferred by them out of such, profits to a special reserve account up to a specified percentage of their taxable income, in the case of a financial corporation or a joint financial corporation established under the state financial corporations act, 191)1 or any institution deemed under section 46 of that act to be aflnanclal corporation established by the state government for the state within the meaning of that act, the deduction is admissible up to 40 per cent of such profits carried to the special reserve account in the case of other flnanc1al corporations, the deduction is allowed at the rate up to 25 per ce •• of such profits the proposed amendment seeks to provide a uniform rate of deduction of forty per cent in the case of all such financial corporations these amendments will take effect from 1st april, 1980 and wul accordingly apply in relation to the assessment year 1980-81 and l!!jubsequent years clause 7 seeks to amend explanation 1 below sub-sectiod (3b) of section 37 of the income-tax act ' under the existing provisions, any expenditure on an advertisement in a "small dewspaper" l8 excluded for the purpose of disallowance of a specified percentage of expenditure on advertllement, publ1city and sales promotion for this purpose, a newspaper is deemed to be a "small newspaper" if the average clrculation of the newspaper in the calendar year in which such advertisement baa been publ1shed is cert1f1ed by the prescribed authority a8 not exceeding 1&, 000 copies under the proposed ald8lldmedt, the requirement of certification of the average clrculauod of the de_paper by the prescribed authority 18 beln, omitted this amendmellt wui tab effect from 1at apru, 1t7t clause 8 seeks to make two ame,nddleats in seotlon 64e of the inoome-tax actunder the existing provlblons, long-term capital galdb are exempted from tax if t1le full value of the consideration received or accruing as a result of the transfer is deposit,)d or invested in speolfled financial assets within six months of the date of the transfer where--the asset is oompulsoruy aoqulred by the government, or the oonslderatlon for the transfer is determined or approved by the central government or the reserve bank of lddlaadd addltlonal oompensatlon or oonsldemtlon is paid to the assessee in any subsequedt year, the oapltal gains attributable to the amount of addltlonal oompensatlon or oonslderatlon a~ exempted from tax if suoh amount is deposited or invested in the speolded financial asaets wlthln six months of its receipt the first amendment proposes to restrict the benefit of exemption of capital gains attributable to the amowlt of addltlcmal compensation or oonsideratjon to aloh amount as is received by the assessee before 1st march 1979 the second amendment proposes to restrict the benefit of exemption of capital gailul under secuon me to tntnsfers of long-term oapital assets made before lit march, 1979 clause 9 seeks to make certain amendmedts in seetlon 64 of the income-tax aotbub-olause (a)(1) seeks to amend explaoatjon 1 below sub-section (1) of seouon 64 under the proposed amendment, lnoome arising to the spouse of an lndlvlcbll by way of salary, commission, fees or any other form of remuneration from a oodcern in whloh both the lndlvldual and the spouse have substantjallnterest, wid be inoluded in the total income of the lndivlcua1 or the spouse whose totallnoome excluding such aalary, co~slon etc •• _1s geater bub-clause (a)(u) seeks to lnsert a new explanation 1a below sub-section (1) of sectlon 64 under the proposed amendment, where the 8powje of an lndlvldlla1lb a benefiolary under a trust and the trustee joins in any partnership business with the individual the income arising from such partnership to the trust, to the eztent it is for the benefit of the spouse, wlll be inoluded in the totallnoome of the individual bub-clause <ahul) seeks to lnsert a new explanation 2a below sub-section (1) of seetlon 84 under the proposed amendment, where the mldor child of an lndlvlcmal i a beneficiary under a trust and the trustee joins in any partnership bil8lne8 with any person, the inoome arising from such partnership to the trust, to the extent it i for the benefit of the minor chlld, will be inoluded in the totallnoome of the liidlvldual bub-clause (b) seeks to amend sub-section (2) of section 64 item (i) seeks to provide that where 8i1indlvtdual make a gift of his separate property to the hlddu undlvlded famlly of whlch he is a membe~ then, the entire lnoome from the lifted property wlll be lnojudlble in the lnoome of aum lddlvldual item (11) seeks to insert a new eapjanatlon 2 below that sub-section to provide that where the speclded lncome to be included in the total income of the indlvldualls a loss, such 108s will be taken into acoount while computlng the total income of the lndlvldual these amendments wul take effect from 1st april, 1980 8i1d wid accordingly apply in relation to the assessment year 1980-81 and subsecpent years clause 10 seeks to amend alb-section (l} of section soc of the inoome-tax act relating to deduction ld respect of ufe insurance premia, contributions to provident fund, etc under the pl'opoaed amaadment, the quantum of deduction from taxable ldcome in respect of long-term savldp through ufe lnsurance, provident fund, etc, wlll be varied 80 as to allow a deduction of the whole of the nrst bs 6,000 of the ~luylng savlngs, plus 35 per oem of the next bs 5000 plus 20 per cent of the remainder of the quallfyldg savlngb however the monetary llm1t of the savlng8 quallfylng for tax relief wlll remain unchanged at 30 per cent of the gross total lncome or rs 30 000, whichever is less this amendment will take effect from 1st apru, 1980 and wul accordingly apply in relation 10 the assessment year 1980-81 and subsequent years clau8e 11 seeks to lnsert a new sectlon sogga in the income-tax act under ihe new section, any sums paid cilrlng the previous year by an asse8see 10 an approved association or lnbtltutlon for specifled purposes would be allowec" as decllctlon in the computation of the total income the sums which ~llfy for deduction are: (i) sums paid to a scientific research association which has a8 its object the undertaklng of scientific research or to a unlverslty college or other lnbtltution 10 be used for scientific research, where such assoclatlon university, college or institution has been approved by the pre8crlbed authdrity for the plj1)oses of seetlon 35(1)(11) of the 1dcome-tax act; (11) sums paid to an assoclation or ldsututlon which has as its object the undertaidilg of any programmeof nll'al development to be used for the purposes of oarryiq out iuiy programme of iural development approved for the puj1)oses of seetlon 36cca; (111) sum paid to ad asaoclation or institution which has as its object the tralnlq of persons for lmplemedtldg programmes of rural development the deductlons udder th1s seetlon wid dot be allowed in cases where the assessee has any lncome udder the head "profits and galns of blsines8 or profe8sion" this provision wlll take effect from 1st aprll, 1980 and wlll accordlngly apply in relation to the assessment year 1980-81 and bubsequent years clause 12 8eeks to amedd alb-section (4) of section 8qj of the income-tax actunder the exi8tldg provisions, an lncl1strlal undertaking which beglns to dwlilfacture or procmce articles or operate a cold storage plant before 1st aprll, 1981 is eiltltled 10 a ''tax hollday" of a speclfted percentage of the capital employed for a period of five successive assessment years beglnnlng with the asse8sment year relevant to the previms year in which the undertaklng begins to mam1facture or produce articles or operate the cold 810rage plant the proposed amendment seeks to provide that the provisions relating to "tax houday" wid dot apply in relation to an inoostrlal undertaklng which beglns to mamjfacture or produce any article specl1led in the eleventh scheoole to the incomhax act after 31st march, 1979 this amendment wlll take effect from 1st aprll, 1979 clause 13 seeks to insert a new section 88jja in the income-tax act under the existing provisions, income from the business of growi~g mushrooms under controlled conditions is not regarded as agricultural income and is accordingly charged to incometax under the new section, in computing the total income of an assessee deriving profits and gains from the business of growing mushrooms under controlled conditions, one-third of such profits or gains or rs~ 10, 000, whichever is higher, will be allowed as a deduction this provision wlll take effect from 1st april, 1980 and wlll accordlngly apply in relation to the assessment year 1980-81 and subsequent years clause 14 beeks to amend section sop of the income-tax act under the existing provisions, the profits and gains derived by a co-operauve society (lncludlng a consumers' oo-operatlve society) are exempt from tax up to rs20,ooo the proposed amendment seeks to increase the monetary llmlt for exemption in the case of a consumers i co-operatlve society from rs 20, 000 to rs40,ooo this amendment wlll take effect from 1st april, 19s0 and wlll accordlngly apply in relation to the assessment year 19s0-81 and subsecpent years clause 15 seeks to insert a new seetlon soqqa in the income-tax act under the new sectlon authors of standard text books prescribed for a degree or po~ course of a university in any jan •• spec1fted in the elpth 8chedille to the codbtltution or in any other language as the cedtral government may dotjty bavlng regard to the need for promotion of publlcatlon of such text books in that language, wid be entitled to a deduction, in the computation of the totallncome of an amount equal to twenty-five per cent of the income from such books included in the gross total income the deduction wul be admissible for the assessment years 1980-81, 1981-82, 1982-83, 1983-84 aud 1984-86 the proposed deduction will also be available in respect of dlctlodarles, thesaurus and encyclopaedia in any of the aforeald langua, thib p1'ovl8lon wlll take effect from 1st aprll, 1980 clause 16 seeks to amedd section 208 of the inoome-taxact udder the proposed amendment, the thresheld tor paymedt of ad9adce tax in the oue of nilstered ftrma hrs been lowered from rb 30, 000 to ill 20,000 this amendment will tab effect from 1st april, 1979 claule 17 seeks to make certalil amendmeats in aeotlon 209a of the 1dcome-tu actunder the exlstlng prov"jou an aue88ee is recp1red to fardlah a lltatemeat/ estjmate of advance tax be,,, tbe date on which the relevant ld8t:almeat of adftdce tax is cme iii hi case the ,""""medta will eaable him to l11mllh mch btatemeat/ estlmate op or be£orethe due date of the relevant ln8talment it 18 al80 proposed to make a minor drafting alteration in the bectiod these amendments wlll take effect from 1st april, 1979 clause 18 seeks to make certain amendments in section 212 of the inoome-tax act under tlie existing provlsiona, an assessee is required to send an estimate of advance tax before the date on whlch the relevant instalment of advance tax is due in hls case the amendments wid enable him to furnish such estlmate on or before the due date of the relevant instalment these amendments wlll take effect from lit aprll, 1979 clause 19 seeks to amend section 218 of the inoome-tax act under the exlstlng provision, an assessee is deemed to be an assessee in default in respect of the tnstalment of advance tax if he does not pay such lnstalmedt on the specifled date and does not send an estlmate or revised estimate before that date under the amendment, he wlll not be deemed to be an assessee in default even in a case where he flies the estlmate or revised estimate of the advance tax payable by hlm ~ the specl1led date this amendment wid take effect from 1st aprll, 1979 clause 20 seeks to make certain amend meats in section 245d of the income-tax act under the existing provisions, an appljcatjon for settlement of a case is not proceeded with if the commissioner of income-tax objects to the application being proceeded with on the ground that concealment of partlculars of income on the part of the app1jcant or perpetration of fraud by him for evading any tax or other sum chargeable or lmposable under the indjan income-tax act, 1922 or the income-tax act, 1961 bas been establlshed or is likely to be eatabllahed by any lncome-tax authority in relation to that case under the proposed amendmeat, the objection by the commissioner of income-tax wlll be subject to review by the settlemedt commission and the settlement commission wid, before over-ruling the objection, provide h1m with an opportunity of being heard these amendmellts wid take effect from 1st apru, 1979 clause 21 seeks to make certain amendments in section 24'3 of the inoome-tax act under the exlstmg provisions, appeals against orders of assessment in the case of foreign oompanles and orders of asses8jd8llt in the case of domestic companies where the ldcome or 10s8 exceeds rs6 lakhs, lie to comm1ssloner (appeals) sub-clause (a)(l) seeks to provide that appeals agalnstordersspeclfled in clauses (b) to ~h) (both inclusive) and clauses (1) to (0) (both lnclusive) of sub-sectjon (1) of section 246 in the case or all companies wid 11e to commlsbloner ~ppeals) the amendmeat in alb-clause (b) seeks to jnaart two new aub-sect1oda in section 246 the dew aub-sectlon (4) seeks to provlde that every appeal ap,mst an orda r bpecifted in clause8 (b) to (h) (both lnoluslve) add olauaes (1) 110 (0) (both jnolualve) of sub-secuon (1) of sectloa 246m the case of a cojdp8l1y, pend" imme418tely before 1atjune, 19'79, belon an appellate a881stadt comm18sloder and ad7 matter "arlbldg out of or connected with such appeal and which ls 80 pendjng, wid be t1'8d8ferred from that day to the commissioner (appeals) who wid be empowered to proceed with such appeal or matter from ihe stage at wh1cb it was on that day however, the appelladt wid have a right to demand that before proceeding with the appeal or matter, the previous proceeding or any part thereof may be re-opened or that he may be re-heard the new sub-sectlon (5) seeks to provide that the board wid be empowered to transfer any appeal which is pending before an awellate assistant comm1asloder and any matter arlslng out of or connected with such appeal add which is 80 pendjdg, to the commissioner (appeals) if the board 19 satlsfied that it is necessary or upedlent so to do bavld&t regard to the nature of ihe case, ihe complexities involved add other relevant considerations after the appeal js 80 transferred, the commissioner (appeals) wul be empowered to proceed with such appeal or matter from the stage at w]w)h it was before it was 80 transferred the appellant ww bowever have the right to demand that before proc~ ftlrther with the appeal or matter, the pnwlous proceeding or any part thereof may be re-opened or that he may be re-beard these amendmedta ww take effect from 1st june, 1979 clause 22 seeks to make certa1d am8luim8l1ta of a oodseqlledtjal dature in dufereat provisions of the ldoome-tax act the ameddment prqjoseci in sab-clause (1) is consequential to ihe insertion of a new proviso 10 bu~eection (4) of seotjod 8oj the amendment proposed in aub-clause (2)(a) is oonaequedtlal to the insertion of a new clause (vua) in aub-seotloll (1) of seouon 36 of the inco~ act the ameddmedts proposed in sub-clauses (2)(b) and 2(c) are consequedtjal to the insertion of new sections 80gg\ and 8ntja clause 23 seeks to make certain ameddmedts 1d seot1on 4 of the wealth-tu act sub-clause (a) seeks to amead sub-eection (ia) of secuoil 4 the propoeed amendmeat seeks to prcmde that where ad fdd1v1dua1 mair8s a jift of hla hp8i'iite property to the biddu udd1v1ded family of wbjch he is a member, he w111 be deemed to have tradaferred 8uch separate property through the fundy to the members of the family for be1dg held by them jo1&ly aad the value ~ the gifted property wlll be included in the net wealth of the jddtvidual 8w>-clause (b) seeks to amedd sub1ectton (3) of sect10n 4 udder the u;jstidg provisions, the exem(tjons in respect of certain au appjv in relation to those usets which though dot belodgldg to the use8~ are 1dcluded in the net wealth of the u8essee udder sect10n " as if such assets were u8s belodg1dg to the &8ses888 slmilarlylthe value of the debts owed by the tr8dllferee relatm, to such &88et8 are alldwecl as deductlon the propoaed amendmejt seeks to provide that the deductions and exemsttou in respeat of the property gifted by the individual as a180 the debts relating to such property would also be allowed as deduction 111 respect of 111mb auets included m the dst w_1th of the individual these amendments will take effect from 1st april, 1980 and will accordingly apply in relation to the assessment year 1980-81 and subsequent years clause 24 seeks to make certain amendments in section 22d of the wealth-tax act under the existing provisions, an application for settlement of a case is not proceeded with if the commissioner of wealth-tax objects to the application being proceeded with on the ground that concealment of particulars of the net wealth on the part of the applicant or perpetration of fraud by him for evading any tax or other sum chargeable ot imposable under the wealth-tax act has been established or is ukely to be established by any wealth-tax authority in relation to that case under the proposed amendment, the objection by the commissioner of wealth-tax will be subject to review by the settlement commission and the settlement commission will, before over-ruling the objection, provide him with an opportunity of being heard these amendments will take effect from 1st april, 1979 clause 25 seeks to insert a new sub-section (ic) in section 23 of the wealth-tax act under the propofiled amendment, the board will be empowered to transfer any appeal which is pending before an appellate assistant commissioner and any matter arising out of or connected with such appeal and which is so pending, to the commissioner (appeals) if the board is satisfied that it is necessary or expedient so to do having regard to the nature of the case, the complexities involved and other relevant considerations after the appeal is so trad8ferred, the commissioner (appeals) will be ~mpowered to proceed with such appeal or matter from the stage at which it was before it was so transferred however, the appellant will have a right to demand that before proceeding with the appeal or matter, the previous proceeding or any part thereof may be re-opened or that he may be re-heard this amendment will take effect from 1st june, 1979 clause 26 seeks to substitute part i of schedule 1 to the wealth-tax act under the proposed amendment, the following rates of wealth-t&x have been specified in the case of individuals add hindu undivided families ci:ber than those having one or more members with independent net wealth exceeding rsi, 00,000:-rate of tax slab of net wealth up to rs2,50,ooo i per cent (same as at present); i per oent (same as at present); rs2, 50, 001 - 5,00,000 2 per cent (same as at presem); rs 5,00,001 - 10,00,000 rsio, 00, 001 - 15,00,000 3 per cent (as against 21 per cent at present); over ra15,ooooo 5 per cent (as against 3i per cent at pre$8nt) in the case of hindu undivided families having one or more members with independent net wealth exceeding rsl, 00, 000, the following rates of wealth-tax have been specif1ed:-\| \| rate \| of \| tax \|\|--------------\|-----------\|----------\|-----------\|\| slab \| of \| net \| wealth \|\| ii \| \| \| \|\| per \| cent \| \| \|\| (same \| as \| at \| present); \|\| iip \| to \| rs \| 2,50,000 \|\| 2 \| \| \| \|\| per \| \| \| \|\| oent \| (same \| \| \|\| as \| \| \| \|\| at \| preseut); \| \| \|\| rs \| 2, \| 50,001 - \| 5,00,000 \|\| rs \| \| \| \|\| 5, \| \| \| \|\| 00, 001 - \| 10,00,000 \| \| \|\| 3 \| \| \| \|\| per \| \| \| \|\| cent \| (as \| against \| 21 \|\| per \| \| \| \|\| cent \| \| \| \|\| at \| \| \| \|\| present); \| \| \| \|\| ~er \| \| \| \|\| rs10,00,000 \| \| \| \|\| 5 \| per \| \| \|\| cent \| \| \| \|\| (as \| against \| \| \|\| 3i \| \| \| \|\| per \| \| \| \|\| cent \| \| \| \|\| at \| present) \| \| \|no wealth-tax will be payable in the case of individuals as wen as hindu undivided families if their net wealth does not exceed rs1, 00, 000 further, the wealth-tax payable shall in no case exceed 5 per cent of the amount by which the net wealth exceeds rs1,oo,ooo this amendment will take effect from 1st april, 1980 and will accordingly apply in relation to the assessment year 1980-81 and subsequent years clause 27 seeks to insert a new sub-section(lc) in section 22 of the gift-tax actunder the proposed amendment, the board will be empowered to transfer any appeal pending before an appellate assistant commissioner and any matter arising out of or connected with such appeal and which is st, pending to the ccmmissioner (appeals) if the board is satisfjed that it is necessary or expedient so to do having regard to the nature of the case, the complexities involved and other relevant considerations the commissioner (appeals) will be empowered to proceed with such appeal or matter from the stage at which it was before it was so transferred however, the appellm will have a right to demand that before proceeding further with the appeal or such matter, the previous proceeding or any part thereof may be re-opeded or that he may be re-heard this amendmedl: will take effect from 1st june 1979 clause 28 read with the second schedule seeks to raise the import duty on camphor clause 29 read wi1h the third schedule seeks-(a) to raise the rates of basic exoise duty on -(1) confectionery, like cocoa powder, chewing gum chocolates, etc (2) prepared or preserved foods (3) food products (4) aerated waters, other than plain soda (5) glucose and dextrose (6) instant coffee (7) cigarettes, bids, smoking mixtures for pipes and cigarettes, chewidg tobacco and snuff (8) mc:tor spirit (9) kerosene (10) liquefied petroleum gas (11) oil bound distemper, plastic emulsion paints, nitro cellulose lacquers and cellulose lacquers not otherwise specified (12) specified chemicals other than caprolactam and d m t (13) synthetic organic products (14) cosmetics and toilet preparations (15) tooth paste including dental cream (16) oxygen, chlorine, ammonia, refrigerant gases and acetylene (17) household and laundry soap j (18) organic surface active ageuts (19) polishes and creams (20) latex foam sponge and certain rubber products viz piping, tubing, transmission belts, conveyor belts, etc (21) plywood, other than plywood for tea-cbests (22) cellulosic spun yarn (23) cotton yarn, all sorts (24-) linoleum (25) typewriter ribbons (26) electrical stampings and laminations (27) refrigerators and air-conditioners, etc (28) certain types of three phase electric motors (29) m<tor starters (30) vacuum and gas f1l1ed bulbs (31) t v sets, radios, radiograms, etc (32) insulated electric wires and cables (33) domestic electrical appliances (34) office machines (35) computers (36) musical systems (37) forklift trucks and platform trucks (38) gramophones, record players, record playing decks or record changer decks (39) tape recorders (40) cinematograph projectors and parts thereof (41) matches (42) steel furnjture (43) weighidg machines, etc (44) safes and strong-boxes (45) tools (46) bolts, nuts and screws (47) zip or slide fasteners and parts thereof (48) playing cards (49) camphor (50) menthol (51) adhesive tapes (52) electric lighting fittings (53) wire ropes (54) carbon black (66) rubber processing chemicals, (b) to change the tariff description « -(1) item no14c relatlag to glycerine to 8ubject crude glycerine and glyceride, otber tban crude glycerine, to excise duty under two different sub-items (2) item no15a relating to plastics to exclude electrical insulators or electrical insulating fittings or parts of such insulators or insulatlag fittings from ita scope and also to raise the basic excise duty on polyurethane foam and articles thereof (3) item no 19 relating to cotton fabrics to exclude floor coverings from its scope (4) item no21 relatjdg to woollen fabrics to exclude floor coverings from its scope and al80 to raise the basic excise duty on woollen fabrics, other than embroidered fabrics (5) item no 22 relating to man-made fabrics to exclude floor coverings from its scope (6) item no22f relating to mineral fibres and yarns, by way of clar1f1cation (7) item no23a relating to glass and glassware to exclude electrical1nsulators or electrjca11n8ulat1ng fittmgs or parts of such insulators or insulating fittings from 1ts scope and also to revise the description and raise the dlty on nat glass and certain other glass and glassware including tableware (8) ite m no 23b relating to chinaware and porcelainware to exclude electrical insulators or electrical insulating fittings or parts of such insulators or insulating f1tt1ngs from its scope and also to raise the basic excise duty od certain typea m china ware and porcelainware (9) item no34a relating to parts and accessories of motor vehicles to include (lilly certain spec:lfjc items within its scope (10) item no 43 as a measure of rationalisation (11) item no 68 re1at1ng to goods d«t elsewhere specified in the cedtral excise tariff and also to raise the basic excise ch&yj (0) to omit the existing provision 1d the first schedule to the cedtral excises act for fixing annually rate of duty on salt by a central act and to fix a nq rate of duty oil saltj (d) to reduce the basic excise duty od --(1) carbon dioxide gas (2) plates, sheets, etc , of rubber; (e) to omit iem no35 relatfdg to cycle parts viz free wheels add rims] (f) to raticmalis8 and restructure the rates of basic excise duty on motor vebjcles) (g) to include new items in the cearal excise tariff for -(1) hookah tobacco by amend1ngltem no4 relat1ng to tobacco (2) c8rpets, carpeting and rug&(made up or not) (3) locks and keys therefor (4) tooth brushes clause 30 read with the fourth schedule seeks to amend the first schedule to the additimal duties d excise (goods of special importance) act, 1957 (1) to raise the additional excise duty on cigarettes and birisj (2) to levy additional excise duty on chewing tobacco, snuff and hookah tobacco clause 31 seeks to levy up to the 31st march 1980 auxuiary duties d customs on au imported goods at the rate of 20% of their value clause 32 seeks to levy up to the 31st march 1980 special duties of excise on all excisable goods at the rate of five per cent of the duty leviable udier the central excises act, read with any notification for the time being in force issued under the said act or the rules made thereunder chapter v (containing clauses 33 to 42) provides for cesser of operation and replacemedt of chatter vb of the finance (no2) act 1971 clause 34 defines "carrier", "international journey", ''passenger'' 8dd certain other expressions used in the chapter clause 35 provides for the levy of a foreign tra'yel tax, on all pa8seugers embarking on international journeys, at the rate of one llundred rupees for every such j')urney to any place outside india other than a place in a neighbouring country, and at the rate of fifty rupees for every such journey to any place in a d81gbbouridg coudtry, which may be specified by notification in the official gazette by the cedtral government having regard to certain circumstances the tax will be collected by the officers of customs appointed udder the customs act, 1962 or such other officers d the cedtral government or the state governmedt or the ldternational airports authority of india as m~ be authorised in tbis behalf by the central goveromedt clauae 36 confers power on the central governmedt to gram exemptioll8 (total or partial) from the paymadt of foreign travel tax clause 38 provides for penalties and adjudication of penalties the other clauses of this c1uqxer deal with incidedtai and supplemental ma1tt£s including the power of the ceutral govermnejt to make rules and cesser of cbapt8'r vn c4 the finance (no2) act, 1971, relating to foreign travel tax clause 43 seeks to amend the first schedule to the indian post office act, 1898 w:lth a view to increasing the postage rates for letters and letter-cards clause 44 seeks to insert a new section 42a in the agricultural refinance and development corporation act, 1963, so as to exempt the income of agricultural refinance and developmem corporation est&bl1shed under the sald act the exemption will apply for purposes d income-tax and surtax and will cover the idcome of the corporation for the five accoudtidg years commeucing from its accotmting year which is the previous year for the assessmem year 1979-80 clause 45 seeks to amend section 23 of the finance act, 1973 the effect of the amendment w1l1 be that the credit guarantee corporation of india lim1ted (a company formed and registered under the companies act, 1956), which was initially exemjted from income-'tax and surtax up to the assessment year 1976-77, and which exemption was extended for a further period of two years up to the assessment year 1978-79 by the finance (no2) act, 1977, will be exempted from income-tax and surtax for one more year, i e, in relation to the assessment year 1979-80 the proposed amendmem will take effect from 1st april, 1979 clause "6 seeks to make certain amendments in the compulsory deposit scheme (lncome-tax payers) act, 1974 sub-clause (a) seeks to amend sub-section (1) of section 3 sub-clause (b) seeks to amend clause (ill) of sub-section (1) of section 4 these amendments seek to secure thatjin relation to the assessmem years 1980-81 and 1981-82 also, compulsory deposits are made at the rates specified in paragraph c of the schedule to the act these amendments will take effect frmn 1st april, 1979 financial memorandumchapter v of the bill provides for the levy of foreign travel tax the ex1at1dg machinery of customs and cej:tral excise department would be uuuaed for the woreemeat of the provil1ons of this chapter to the extent the eollectioo c1 the tax is entrusted to any state governmem: or the international airports authority of jnd:la under sub-clause (2) of clause 35 read with the opening portion of sub-clause (2)(a) of clause 40 (relating to the charges for collection payable to any state government or the international airports authority of india) it w1ll be necessary to 1dcur expenditure for payment of collection charges the expenditure to be 1dcurred for this purpose w111 be of a recurring nature and w111 be a fraction of the tax collected by state governments and the lj:ternat1onal airports authority of india the exact expenditure ebddot be estimated at this stage as that w111 depend upon the extent to which the machidery of state governments and of the international airports authority of india w111 be used for the collection of the tax and the tax collected by them but it is not likely to exceed rs25 lakhs per year the provisions of the said chapter v do not involve ~ expenditure of a donrecurring nature the provisions of the remaining chapters of the bill do dot involve ad¥ expenditure whether of a recurring or of a non-recurring nature memorandum regarding delegated legislationsub-clause (a)(ii ) of clause 3 of the bill seeks to insert a new clause (iii) in the explanation to sub-clause (vila) of clause (6) of sectiun 10 of the income-tax act under the said sub-clause (vea), a foreign technician as defined in the explanation thereto employed by the government, a local authority, a statutory corporation or any busble •• in india is entitled to exemption from income-tax in respect of his salary subject to certain conditions at present the explanation covers only persons having special knowledge and experience in the fields of constructiooal or manufacturing operatioos or in mining or in the generation of electricity or in any other form of power or agriculture animal husbandry t dairy farming, deep sea fishing or ship-build1ng the expl8lultiod is proposed to be amended to empower the central government to cover by notification in the ot official gazette, technicians in other fields also the guidelines which have to be taken into account by the central government in notifying any other field (viz, the availaoility of indian technicians in such fields and other relevant circumstances) have been spelt out clause 5 of the bill seeks to amend section 35cca ofthe income-tax act relating to deduction to an assessee engaged in a business or profession for carrying out rural development programmes to associations and institutions approved by the authority prescribed the rewlder the section is being amended to provide for a like deductioo in respect of expenditure by way of payment to an association or in8titution which has as its objects the training of persons for implementillg any programme of rural development as a consequenoe, the power of the prescribed authority under the aeotton would be enlarged to cover the according of approval for the parpoaes of this l8ction with respect to associations or 1nstitutioll8 for traininl of persods for programmes of rural development it may also be mentioned in thi8 conneotloo that dooations to 88sociatioos or institutians approved for the purposes of section 35cca would, where such dooations are made by persons not engaged in busines8 or profes8ioo, qualify for deduction under new section 80gga as proposed to be inserted in the income-tax act by cla~e 11 olthe bill clause 6(b) seeks to insert a new clause (vita) in sub-section (1) of section 36 of the income -tax act to provide that in respect of any provisioo for bad and doubtful debts made by a scheduled commercial bank in relation to advances made by its rural branches, an amount not exceeding ii per cent of the aggregate average advance made by such branch as computed in the prescribed manner will be allowed as a deduction thus the details as to the manner of computation of the aggregate average advances made by such rural branches are left to be presoribed by rules clause 15 seeks to insert a new section 80qqa in the income-tax act to provide for deduction in respect of professional income of authors of university text books dictionaries,etc, in any language specified in the eighth schedule to the coostitution or in any such other language as the central government may by notifloatioo in the official gazette t specify for the purposes of this sectioll the guidelines which have to be taken into account by the central government in specifying any such other language have been spelt out in the provision clauses 35, 36 and 40 forming part of chapter v relating to foreign travel tax also involve delegation of legislative power clause 35 provides for the rate at which foreign travel tax may be levied and according to this clause, the rate is one hundred rupees for each idternattodal journey to any place outside india other tha a place in a neigbbourinc ooudtry, while the rate t fifty rupees in the cue of such a journey to ady place 1d a netgbbourlng country tbe explall!ttod to sub-clause (1) of this clause empowers the central government to specify by notificatiod in the official gazette, the countries whioh may be deemed to be neighbouring countries for the purposes of this sub-clauae the emj •• ttog provides that the celltral government shall, in speoifying any country as a neighbouring country have regard to the cluse8 of per80lls who oerally perform journeys to such country the dlataaoe between india add such country, the means of oommun1oati0ll8 available for reaching suoh oountry and other relevant circumstances clause 36 empowers the central goyernment to exempt by notiflcatiod in the offioial gazette wholly or to such extent as may be specified in the netif1oatiod, any c1us or oluses of passengers or any category or catecories of passengers under any such olus frem the payment of foreign travel to the guidelines which have to be taken into aooount for granting exemptlods have been spelt out in the claule clause 40 empowers the central government to make rules to carry out the purpoees of the laid chapter relaiing to foreign travel tax the matters in respect of whioh iuch rules may be made include oollection of foreign travel tax, the charges for oollection payable to any state government or the international airports authority of india, the speclficatiod of authorities oompetent to dtllcharge functions under' the chapter tbe adjudgement of penalties, manner of payment and collection of tax penalties or ether sums due under the chapter, procedure for claiming refund of ady amount of any tax under the chapter, powers of officers to enter upon add inspect and search any ship or lidy aircraft,etc, the procedure for adjudicatioo of penalties and appeals against orders made under the chapter, the matters in respect of which powers have been delegated under the provisions mentioned in the preoedlnc paracrajils pertain to matters of administrative detau or procedure furtber, in cues where the exercise of any such power involves a discretion, the guidelines which have to be taken into account have been spelt out the delegation of legislative power is, therefore of a normal character billto give effect to the financial proposals of the central government for the financial year 1979-80 (shri char sinwt deputy prime minister ana minister of finance)	Parliament_bills	7603ea68-d224-59e8-a801-56f3e219e1f1
bill no ii of 2008 the dwellers of slums and jhuggi clusters (welfare and basic amenities) bill, 2008 a billto provide for the welfare measures to be undertaken by the state and for the basic amenities like sanitation, potable water, electricity, healthcare, toilets and garbage management etc to the poverty stricken dwellers of slums and jhuggi clusters to be provided by the appropriate government and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—basic amenities) act, 2008short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "jhuggi clusters" means an area consisting of jhuggies which are generally built with mud, metal or wood having thatched roof or tin shed or polythene covering roof thereof;(c) "prescribed" means prescribed by rules made under this act; (d) "slum" includes an area consisting of unplanned and badly built, overcrowded houses with unhygienic atmosphere and without civic amenities and such other areas declared as slums by the appropriate government10national policy for slums and jhuggi clusters3 (1) the central govenment shall, as soon as may be, formulate a national policy for betterment, upkeep, removal and rehabilitation for the slums and jhuggi clusters and also for the welfare measures for the poor people who have to live therein particularly in the metropolitan and other cities15(2) without prejudice to the generality of the provisions of sub-section (1) the welfare and betterment measures referred to therein may provide for,—(a) basic civic amenities like potable water supply, electricity for dwelling units and road lights, sewerage, toilets with flush or sulabh types both individual as well as community toilets, drainage, road facility in the streets and surroundings, sanitation, garbage clearance and dumping bins and such other amenities as may be prescribed;20(b) healthcare facilities for the inhabitants; (c) educational facilities for the children; (d) adequate public distribution system facilities; (e) transport facilities; and25(f) such other provisions as the central government may deem necessary for carrying out the purposes of this act (3) the national policy so formulated under this section shall be uniformly implemented throughout the country by the appropriate government304 notwithstanding anything contained in any other law for the time being in force the appropriate government with a view to implementing welfare measures for the dwellers of slums and jhuggi cluster under this act shall,—miscellaneous provisions in respect of slums and jhuggi clusters(a) take humane approach by recognizing the right to use government land in case jhuggis have been built thereon till alternative living arrangements are made by such government for the dwellers;35(b) construct such number of appropriate dwelling units with attached kitchen, bathroom, toilets, etc and allot them to the dwellers with such terms and conditions and in such manner as may be prescribed;40(c) the dwelling units so constructed shall be provided with all civic amenities like potable water, sewerage system, electricity, toilets, drainage, road passage, sanitation, park, healthcare and such other amenities to the residents of such dwelling units;(d) not remove or demolish any slum or jhuggi cluster which is in existence for more than a year without making alternative arrangement of dwelling units for the residents of such slums or jhuggi cluster, as the case may be;45(e) provide necessary healthcare through mobile units and distribute free of costs mosquito nets and repellants and fumigate the clusters from time to time to save the residents from vector borne diseases like malaria, dengue, encephalitis etc(f) render necessary help in cash and kind and advice for the self employment of the dwellers of slums and jhuggi clusters in such manner as may be prescribed;(g) make such other provisions as the appropriate government may deemnecessary or expedient for carrying out the purposes of this act55 the central government shall, after due appropriation made by parliament by lawin this behalf, provide requisite funds from time to time for carrying out the provisions of this actcentral government to provide requisite fundsact to have ovrerriding effect106 the provisions of this act and of 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 regulating any of the matter dealt with in this act15power to remove difficulties and issue directions7 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty and the government of a state shall be guided by such directions and instructions on questions of policy as may be given to it by the central governmentpower to make rules8 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsmillions of people in our vast country particularly in the metropolitans and other urban areas languish in slums and jhuggi clusters in most inhuman conditions without civic amenities like water, sanitation, electricity, toilets, sewerage, healthcare and so on so forth these slums and jhuggi clusters can be seen in all parts of the urban areas and even the national capital is not an exception in this regard unfortunately, the number of slums and jhuggi clusters is increasing manifold because of exodus from rural areas to urban areas in search of employment and livelihood and these poor people have no option but to find shelter in slums or jhuggi clusters or even on pavements under the sky and live in stinking and inhuman conditions inviting and falling victims to various fatal diseases but unfortunately, we do not have national policy on slums and jhuggi clusters which can be implemented uniformally throughout the countryours is a welfare state and it is the duty of the central and state governments to initiate welfare measures for the inhabitants of the slums and jhuggi clusters because they too are the citizens of this great nation and the slums and jhuggi clusters too should be provided the basic civic amenities like potable water, sewerage system, electricity, toilets, dainage, roads and clean streets, sanitation facilities, healthcare facilities, educational facilities, park, etc so that the inhabitants lead a healthy and good life in such areas since the states can not bear the expenditure, the central government should provide requisite funds to improve the situation in the slums and jhuggi clustershence this billa vijayaraghavan financial memorandumclause 4 of the bill provides for various facilities including housing facility to the slum and jhuggi cluster dwellers clause 5 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 expenditure from the consolidated fund of india it is estimated that a sum of rupees fifteen thousand crore may involve as recurring expenditure per annuma sum of rupees ten thousand crore may also involve as non-recurring expenditure memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the welfare measures to be undertaken by the state and for the basic amenitieslike sanitation, potable water, electricity, healthcare, toilets and garbage management etc to the poverty stricken dwellers of slums and jhuggi clusters to be provided by the appropriate government and for matters connected therewith and incidental thereto————(shri a vijayaraghavan, mp)gmgipmrnd—4743rs(s-5)—29-12-2008	Parliament_bills	a2e953d4-aa57-5e20-84be-3880ace7d367
i \ i, blu n 'l6 f 1,1 ,rhe smugglers and foreign exchange manipulators (forfeiture of property) amendment bill, 1879 abill i to amend the smugglers and foreign exchange manipulator, (forfeiture of property) act, 1976 be it enacted by parliament in the thirtieth year of the republic of india as follows:-1 (1) this act may be called the smugglen and foreiid ~ manipulators (forfeiture of property) amendment act, 1979, , short title ~-eommibc!tment (2) it shall come into force on such date as the central government may, by notification in the oftlcial gazette, appoint z in section 12 of the smugglers and foreign exchange manipulaton (forfeiture of property) act, 1978 (hereinafter referred to the principal act),-10 amend· , of iecuaa 12 of act ii ot it7e (a) after 8ub-legtion (6), the following lub-lectionhall be inserted, namely:- is ii (6a, notwithstanding anything contained in aub-lecuon (6), where the chairman considers it necessary 10 to do for the expeditious disposal of appeals under this section, he may constitute a bench of two members and a bench 10 c:onstituted may exercise and discharge the powers and function of the appellate tribunal: -'-provided that if the members of a bench so constituted differ on any point or points, they shall state the point of points on which they difter and refer the same to a third member (to be specified by the chairman) for hearing on such point or points and such point or points shall be decided according to 5 the opinion of that member"; (b) after sub-section (7), the following sub-section shall be inserted, namely:-"(8) on application to the appellate tribunal and on payment of the prescribed fee, the tribunal may allow a party to 10 any appeal or any person authorised in this behalf by such party to inspect at any time during offic~ hours, any relevant records "and registers of the tribunal and obtain a certified copy of any part thereof," 3 in section 26 of the principal act, in sub-section (2);, after clause j sr (0), the following clause shall be inserted, namely:-amendment of section 26 "(00) the fees which shall be paid for the inspection of the records and registers of the appellate tribunal or for obtaining a certified copy of any part thereof under sub-section (8) of section ir'" " h, , " l' i' s~tion (6) of 'sectidil12' 1)f the smugglers and foreiglf' bxtilange 'manipulaten' '(farfeiture- 'fji' ppope~y) act,l9t8 pi'ovtdes,thlitthetjtafr-,man-of tile' appeuate'tribunal ,under tklat section' may constitute beb1ehies col'urh;trtg of three"members_ he'liringappeats ut\der ·th'e 'act;· as only,ai,three-membertribunal' has' beenco'ftlltftotedim4er ttye _tldn in 1the"6ayl1ooday,'working of the trfbunarlft"hb!beeti foundtm1!\lfhen w;'member avaib·himself ofileave'tm' groul'ld ~frtlln_ ete; the" 1'11-b\mal is notable' to functien " it is,therefol'e; pmpbled:' to' aihrd twis section to provide for constitution of benches consisttnr' ot't'wtj'dltiiilbers and to make a suitable provision for resolving dift'erences which may occur on any point or points between such members while displ)sing of an appeal 2 it is also proposed to avail of the present opportunity to implement the assurance given to the lok sabha committee on subordinate legislation [vide tenth report of the committee on subordinate legislation (sixth lok sabha) pages 14 to 15] to the effect that the rule-making provision in the act would be suitably amplified so as to, spell out expressly that the power thereunder to make nlles includes tht' power to provide for fees for the inspection of records and the registers of the appellate tribunal or for ob'taining certified copies of any part thereof 3 the bill seeks to achieve the above objects new delhi; zulfiquarulla the 9th may, 1979 €l 3 af the bill heka to amend 8ub~tion (2) of mcticm 28 of the· smugglers and foreian exchange manipulators (forfeiture of propany) act, 1976 to in8ert a new clause (a8) therein the dew clause ia tor providing that rules may be made under the aectlod with reapect to the which shall be paid for the inspection of the reeords and the reptera of tbe appellate tribunal or for obtaining a cert1fted copy of any part ~reof under lub-eection (8) of aection 12 thia pertains to a matter of detail heace the delegation of legislative power ij of a aqfmal ch~actel' annexure extracts from the smugglers and foreign exchange manipulators (forfeiture of property) acr, 1976(13 oj' 1978) - - - - - 12 (1) - - - - - (6) the powers and functions of the appellate tribunal may be exercised and dischargec by benches consisting of three members and constituted by the chairman of the appellate tribunal constitution of appellate tribunal (7) the appellate tribunal may regulate its own procedure - - - - - 26 (jt) the central government may, by notification in the official gazette, make rules to carry out the provisions of this act power to make rules (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, ·namely:- (a) the terms and conditions of sefvic~, 0} the c9~ and othermen'tbers of the appellate tribunal under sub-section (s) of section 12; ·'1 ' - - - , -a bill c:tt; rj_ci' ~1lsmui81rand foreign exchange maoipulatcq ~for(~itur~ of propertr) act, 19'1~ (shf'i zulfiqu4",ua, minister of stat i~ t~ ~i~tmv f>t nftclme·l	Parliament_bills	6e427d8e-441b-5da9-be1a-b04fd92ba083
bill no xxxviii of 2018 the national anthem (modification) bill, 2018 a billto modify the national anthem ''jana gana mana''be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the national anthem (modification) act, 2018short title, and commencement(2) it shall come into force on such date, as the central government may, by notificationin the official gazette, appoint the schedule[see section 2]jana gana mana adhinayaka jaya hey bharata bhagya vidhata punjab sindh uttarpurv gujarat maratha dravida utkala banga vindhya himachala yamuna ganga uchchala jaladhi taranga tava shubha name jage tava shubha ashisha mage gahe tava jaya gatha jana gana mangala dayaka jaya hey bharata bhagya vidhata jaya hey, jaya hey, jaya hey jaya jaya jaya, jaya hey statement of objects and reasonsthe national anthem of india "jana gana mana" was composed by dr rabindranath tagore and was first sung on december 27, 1911 the anthem naturally reflects the composition of india at that timethe then president of india, dr rajendra prasad, had made a statement in the constituent assembly on 24th january, 1950 that the composition consisting of the words and music known as jana gana mana is the national anthem of india, subject to such alterations in the words as the government may authorise as occasion arisesthe anthem does not mention very important component of india like the northeast, now comprising of the states like assam, meghalaya, manipur, nagaland, tripura, arunachal pradesh, sikkim and mizoram the north-eastern(ne) states are situated at such strategic and sensitive points, that they are at the border of burma, china, bhutan and bangladesh in most of the cases the people of north-eastern states feel alienated from rest of india, as most of the states are still not easily accessible by virtue of being hill states with inhabitants of hill tribes inspite of the mass participation and commendable contribution of the people of these states in the freedom struggle of india therefore, the anthem needs to be modified so that it reflects the true composition of present day india including the northeastern stateshence, this billripun bora rajya sabha———— a billto modify the national anthem ''jana gana mana''————(shri ripun bora, mp)mgipmrnd—823rs(s3)—25 -06-2019	Parliament_bills	f606a04a-acab-513a-93e4-d07e5bb04c3d
bill no 62 of 2009 the securities and exchange board of india (amendment) bill, 2009 a billfurther to amend the securities and exchange board of india act, 1992be it enacted by parliament in the sixtieth year of the republic of india as follows:—short title1 this act may be called the securities and exchange board of india (amendment)act, 2009proviso, for the word ''sixty-two'', the word ''sixty-five'' shall be substituted15 of 1992amendment of section 15n statement of objects and reasonsthe securities appellate tribunal was set up under section 15k of the securities and exchange board of india act, 1992 to adjudicate upon appeals against decisions of the securities and exchange board the presiding officer and members of the tribunal hold office for a term of five years and are eligible for re-appointment the upper age limit for the presiding officer and members is sixty-eight years and sixty-two years respectively2 normally, retiring or retired officers of the level of additional secretary or secretary to the government of india are the applicants for the post of members to the tribunal and they are on the verge of completing or have completed sixty years of age at the time of selection thus with the stipulated sixty-two years of age for tribunal members, a maximum of two years of service is available for such officers in addition, the selection process too is time consuming and as a consequence on an average tribunal member holds office for about twelve to eighteen months only as a result the work of tribunal is suffering it is therefore proposed to increase the upper age limit of the members of tribunal from sixty-two years to sixty-five years by amending section 15n of the act3 the bill seeks to achieve the above objectspranab mukherjeenew delhi;the 21st july, 2009 annexure the securities and exchange board of india act, 1992 (15 of 1992)15n the presiding officer and every other member of a securities appellate tribunal shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment:provided that no person shall hold office as the presiding officer of the securities appellate tribunal after he has attained the age of sixty-eight years:tenure of office of presiding officer and other members of securities appellate tribunalprovided further that no person shall hold office as a member of the securities appellate tribunal after he has attained the age of sixty-two years———— a billfurther to amend the securities and exchange board of india act, 1992————(shri pranab mukherjee, minister of finance)gmgipmrnd—3441ls-(s5)—29072009	Parliament_bills	0742a562-7454-5c47-92a3-95158d4c993c
bill no xxxv of 2009 the booming population control bill, 2009 a billto provide for the promotion of family planning measures by the central and stategovernments to control the booming population of the nation through incentives and disincentives so as to ensure that the population is commensurate with its social, economic and other developments and with the ecological balance and bridge the gap between the haves and have nots and for achieving quality of life and for matters connected therewith and incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the booming population control act, 2009short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force on such date, as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise, requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases the central government;(b) "prescribed" means prescribed by rules made under this act3 notwithstanding anything contained in the constitution of india or any other law for the time being in force, it is hereby declared that the provisions of this act are for the purposes of giving effect to the policies of the state towards securing the principles laid down in article 38 of the constitution of indiagiving effect to the policies of the states as laid in article 38 of the constitution of indiaformulation of comprehensive population policy4 the central government shall, as soon as may be, by notification in the official gazette, formulate a comprehensive population policy particularly for the purposes of having one child norm for the eligible couples and other issues including economic, education, legal medical, social and other incidental aspect to promote small family norms so as to effectively control the booming population of the country in order to achieve rapid economic progress and raise the standard of living of the masses5 notwithstanding anything contained in any other law for the time being in force employees, of the central government or of a public sector enterprise under the control of central government who adopt small family norm undergoing sterilization operation himself or of the spouse after the birth of his first child shall be given:—facilities to government employees who adopts small family norm(a) one year additional salary with all allowances along with two additional increments as incentives;(b) a plot or a house site or build up houses the from housing board or development authority of the government at subsidized rates;(c) loan for construction or purchasing the house from nanks or financial institutions on nominal rate of interest;(d) free healthcare facilities; (e) free education facilities to the child with vocational training and professional courses wherever necessary; and(f) such other benefits and incentives as may be prescribed6 the incentives and benefits referred to in section 5 shall be extended mutatis mutandis to the general public in the manner as may be prescribedextension of benefits to general public7 whoever in contravention of small family norm procreates more than two children shall lose the incentives and benefits provided in this act and in addition thereto shall(a) be denied the subsidies in matters of loans extended to him;loss of benefits whoever contravenes small family norm(b) not be eligible to get the benefits of public distribution system; (c) not be given and loan by and bank or financial institution; and (d) not be entitled for such other facilities as may be prescribed8 any woman having two living children shall not be provided with maternity facilities in any government hospital dispensary, health centre or medical center for the birth of her third child:provided that if such woman agrees to undergo sterilization operation after the birth of her third child then she shall be provided with the requisite maternity facilities forthwithno maternity benefits to be given for those having more than two living children miscellaneous provisions9 (1) notwithstanding anything contained in any of the election laws for the time being in force, a citizen shall be disqualified for being chosen as a member of either house of parliament or of the legislature of a state or of any body of the local self government bodies, if he has more than two living children:provided that this provision shall not apply to a citizen who have more than two living children on or before the date of commencement of this act(2) notwithstanding anything contained in any other law for the time being in force, no marriage shall be solemnized between a male who is less than twenty-five years of age and a female who is less than twenty-two years of age(3) every serving government employee and those who will join any government service shall give an undertaking that he shall not procreate more than two children:provided that provision of sub-section (3) shall not apply to those government employees who have more than the prescribed number of living children on or before the date of commencement of this actpenalty10 whoever contravenes,—(a) the provisions of sub-section (2) of section 9 be guilty of shall, committing a cognizable offence and shall be punishable with simple imprisonment for a term which shall not be less than two years but may extend to four years and also with a fine, which may extend to two lakh rupees(b) the provisions of sub-section (3) of section 9, shall forfeit his right to promotion and shall not be eligible for any further increment till he is in government service 11 the appropriate government shall,—duties of the appropriate government(a) implement the revised national population policy to achieve the goals enumerated therein;(b) set up maternity hospitals and centers in sufficient numbers at conspicuous places;(c) distribute contraceptive pills, condoms through healthcare centres and non-governmental organizations;(d) organize sterilization camps from time to time; (e) distribute iron and vitamin capsules and tablets extensively amongst the expecting mothers(f) give wide publicity to the benefits of having small families; and (g) undertake such other measures as it may deem fit and expedient for the purposes of this act 12 the central government shall, after due appropriation made by law by parliament in this behalf, provide requisite funds for carrying out the purposes of this act from time to timecentral government to provide funds power to remove difficulty13 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act as may appears to it to be necessary or expedient for the removal of the difficultyoverriding effect14 the provisions of this act and of any rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forcesavings15 the provisions of this act shall be in addition to and not, shave as otherwise expressly provided in this act, in derogation of any other law for the time being in force in any part of this countrypower to make rules16 the central government may, by notification in official gazette made rules for carrying out the purposes of this act statement of objects and reasonsours is the second most populous country after china the booming population has already crossed the one billion benchmark and currently, it is around one hundred and twenty-five crores, which is increasing every moment having only 24 per cent of global land area, we have more than sixteen per cent of the global population making it the most densely populated nation of the world this scenario is compelling, at least half the population is live in slums and under squalid conditions the boom has created overcrowding due to which law and order situation is deteriorating unemployment is rising rapidly causing frustration amongst the unemployed, particularly the youth who are being lured by antinational and anti-social elements there is unparallel transformation of human values, social institutions and economic structures agriculture land holdings are becoming smaller and smaller agriculture is uneconomical and farmers are committing suicides due to this fact the housing needs are far beyond the available finances and the shortage is appalling educational facilities are becoming hopelessly poor overcrowding is also causing environmental degradation forests are vanishing to meet the demand for fuel, construction, furniture and for funeral purposes which has resulted in water shortage and less rain the increased level of carbon-dioxide in the environment is resulting in harmful diseases the healthcare facilities are far from satisfactory and if this trend continues, we can hardly expect to achieve improved quality of life and the situation will move from bad to worseit is, therefore, imperative that effective steps must be taken to check the booming population and this should be tackled at all levels a clear message must go across the nation that since our resources are limited, we have to opt for small families it is very unfortunate that despite availability of various birth control measures and several family planning programmes, the population continues to rise menacingly an attempt has been made through this bill to offer a comprehensive package for the control of booming populationhence this billgireesh kumar sanghi financial memorandumclauses 5 and 6 of the bill provides for various incentives for adopting small familiesclause 12 makes it obligatory for the central government to provide requisite funds for carrying out the purposes of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees ten thousand crore may involve as recurring expenditure per annumnon-recurring expenditure to the tune of rupees one thousand crore may also involve memorandum regarding delegated legislationclause 16 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details only the delegation of legislative power is of normal character———— abillto provide for the promotion of family planning measures by the central and stategovernments to control the booming population of the nation through incentives and disincentives so as to ensure that the population is commensurate with its social, economic and other developments and with the ecological balance and bridge the gap between the haves and have nots and for achieving quality of life and for matters connected therewith and incidental thereto————(shri gireesh kumar sanghi, mp)gmgipmrnd—2316rs(s5)—03052010	Parliament_bills	e67b21d9-5150-58f3-b744-eef2b23bc98d
the appropriation (no6) bill, 1989 it billte authoribe puyment and apprqp1'iation of certain further sum from and out of the consolidated fund ot indi4 for the ~ennces &j the financial year 1989-90 bii: it enacted by parliament in the foriiethyear of the republic of india as follows:-1 'this act may be called the appropriation (no6) act 1989 short, title 2 from and out of the consolidated fund of india there may be paid ~and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of gne thousand seven hundred and thirty crores and thirty-six lakh rupees towards defraying the several charges which will come in course of payment during the financial year 1989-90, in respect of the services specified in column 2 of the 10 schedule i86ueof' &1730, 38,00,0001 outol the consolidated: fund'of" india torthe year"' '1989-90' appropriation 3 the sums authorised to be paid and applied from and out of the consolidated fund of india by this act shall be appropriated for the services and purposes expreased in the scheclule in relation to the said year 2 3 no of vote total 5 sums not excecdinl services and purpoiel ----voted by charae<i on parliament the consolidated fund its rs its 400,00,00,000 5 department of fertilizers revenue 400,00,00,000 revenue 200,00,00,000 8 department ef commerce i,oo,oeo 12 , telecommunication senricea capital ! 200,00,00,000 10 i 1,00,000 25,00,000 i 385,00,00,000 revenue i 384,75,00,000 'l~ ,~, net ~~liarmy , ';;"'i~;;:";:';';;;: navy ,,:' ~v~, '1' ls,oo,oq~·i· \1500,00,000 50,00,00,000 17 ' defence services-air force revenue ! 50,0000,000 i , 50,00,00,000 15 18 defence ordnance factories '~oo,oo,ooo 30 transfers to state govern-! ~~,:,' • ' -,:1: revenue j sqoo,oo,ooo i , ' 1 i capiw' ',600,oopo,ooe :3,00,000 'r~nue ' ! ,i 3,00,000 30,10,00,000 78 i ministry of water resources revenue slf' a1othti!l!mr_ ' , "re¥enu6 capital i 30,10,00,000 ii i 2oo,orjd' 2,0000020 _____ ·_· ____ 1' ____ 20_po __ '~ ___ i _____ ~_'_oo_,~ooe ___ , fu8,ii5,ro,ooo 6tftj,$oliopoo, 113g;3ti,oo,&io yt" ;'j,' " '5 'j, : t , "i statement of objects and reasonsthis biu is introduced in pursuance of article 114 (1) of the constitu--tion of india, read with article 115 thereof, to provide for the appropriatiob out of the consolidated fund of india of the moneys required to meet the supplementary expenditure <:~ged 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 1989-90 madhu dandavate president's reco~j;>~tiqn under article 117 of the , c?onstl'l'tri10~ of [ndia [copy of letter no f 4(97)-b(sd)/89, dated the 20th december, 1989 from shri madhu dandavate, minister of finance to the secretary-general, lok sabha] the president, having been informed of the subject matter of the proposed bill to authorise appropriation of certain further sums from and out of the consolidated fund of india for the services of the fin8'llcial year ending on the 31st day of march, 1990, recommends the introduction of the appropriation (no6) bill, 1989 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 - billto authorise payment and appropriation of eertaid further iud'ls from and":" out of the consolidated f\mci of india for the services of the ftdaneial year 198840	Parliament_bills	6519e64a-a7d5-58ca-83db-143e4f4cc457
bill no xii of 2002 industrial disputes (amendment) bill, 2002 a billfurther to amend the industrial disputes act, 1947be it enacted by parliament in the fifty-third year of the republic of india as follows:—1 (1) this act may be called the industrial disputes (amendment) act, 2002short title, and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in section 2 of the industrial disputes act, 1947:—amendment of section 214 of 1947(1) for clause (a) the following clause shall be substituted, namely:—10'(a) "appropriate government" means, the government of the state or union territory, as the case may be, in relation to all the industrial disputes concerning any industry or its unit in whose territorial jurisdiction that industry or its unit is situated;'(2) in sub-clause (iv) of clause (s), the words "draws wages exceeding one thousand six hundred rupees per mensem or" shall be omitted statement of objects and reasonsit has been provided in the industrial disputes act, 1947 that in case of industries concerning the central government, the appropriate government shall be the central government and in case of all other industries, the government of the state shall be the appropriate government especially after the judgement in airport authority case, bombay, the labour department has issued a circular that the administrative department should be treated as appropriate government unless until the act is amended the central government is to be considered as appropriate government for the purpose of all the industrial disputes it is totally impracticable the central government does not have the infrastructure to solve all the matters it results in unnecessary delay in resolving the industrial disputes of the workmen justice delayed means justice denied the state government have all the infrastructure such as labour commissioners etc in their respective territories hence it will be in the fitness of things if the state governments may be treated as appropriate government in the case of all the industrial disputessimilarly, sub-clause (iv) of clause (s) of section 2 of the act provides that the persons getting wages exceeding one thousand six hundred rupees per mensem do not come in the periphery of the act in today's world of high prices and salaries, imposing a ceiling on the wages for denying the benefits of the act in resolving the disputes with their employer is totally unjust all the workers should be entitled to get the benefit of industrial disputes act irrespective of their wagesthe bill proposing amendment in the section 2 of the act seeks to achieve the aforesaid objectivesrama chandra khuntia extracts from the industrial disputes act, 1947 (act no 14 of 1947)12 definitions—in this act, unless there is anything repugnant in the subject of context—(a) "appropriate government" means—(i) in relation to any industrial dispute concerning4 any industry carried on by or under the authority of the central government, 5 or by a railway company6[or concerning any such controlled industry as may be specified in this behalf by the central government]7 or in relation to an industrial dispute concerning 8[9[10[11[a dock labour board established under section 5a of the dock workers (regulation of employment) act, 1948 (9 of 1948), or 1[the industrial finance corporation of india limited formed and registered under the companies act, 1956 (1of 1956)] or the employees' state insurance corporation established under section 3 of the employees' state insurance act, 1948 (34 of 1948), or the board of trustees constituted under secton 3a of the coal mines provident fund and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the state boards of trustees constituted under section 5a and section 5b, respectively, of the employees' provident fund and miscellaneous provisions act, 1952 (19 of 1952), 2[] or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956), or 1[the oil and natural gas corporation limited registered under the companies act, 1956 (1 of 1956)] or the deposit insurance and credit guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation established under section 3 of the warehousing corporations act, 1962 (58 of 1962), or the unit trust of india established under section 3 of the unit trust of india act, 1963 (52 of 1963), or the food corporation of india established under section 3, or a board of management established for two or more continuous states under section 16, of the food corporations act, 1964 (37 of 1964), or 1[the airports authority of india constituted under section 3 of the airports authority of india act, 1994 (55 of 1994), or a regional rural bank established under section 3 of the regional rural banks act, 1976 (21 of 1976), or the export credit and guarantee corporation limited or the industrial reconstruction bank of india limited], 3[the national housing bank establihsed under section 3 of the national housing bank act, 1987 (53 of 1987)], or 4[1[an air transport service, or a banking or an insurance company], a mine, an oil-field,] 5[cantonment board,] or a major port, the central government, and]](ii) in relation to any other industrial dispute, the state government; 4[(s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or superovisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person—(i) who is subject to the air force act, 1950 (45 of 1950), or the army act,1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of a prison; or(iii) who is employed mainly in a managerial or administrative capacity; or(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature] rajya sabha a billfurther to amend the industrial disputes act, 1947(shri ramachandra khuntia, mp)	Parliament_bills	5a83e9ec-6ed6-51bf-a4eb-522ba03ee70b
bill no 310 of 2015 the special drinking water and irrigation development fund (for dark zone areas) bill, 2015 by shri devji m patel, mp a billto provide for the constitution of a special drinking water and irrigation developmentfund for supply of drinking water and developing irrigation facilities in the darkzone areas and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the special drinking water and irrigation development fund (for dark zone areas) act, 2015short title and commencement(2) it shall come into force on such date, as the central government may, by notification in the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(a) 'dark zone area' means any district, town, village or tehsil where the groundwater is lower than the average level and has been declared as the dark zone area by the state government concerned or the central government, as the case may be;(b) 'fund' means the special drinking water and irrigation development fund constituted under section 3; and(c) 'prescribed' means prescribed by rules made under this act53 (1) the central government shall constitute a fund to be known as the special drinking water and irrigation development fund for the supply of drinking water and development of irrigation facilities in dark zone areasspecial drinking water and irrigation development fund(2) the central government shall, from time to time, after due appropriation made by parliament by law in this behalf, contribute such sums of money, fund as may be necessary, to carry out the purposes of this act104 (1) a state government or union territory administration, as the case may be, shall forward to the central government the details of the required infrastructure and the estimated cost for supply of drinking water and the development of irrigation projects in the dark zone areas falling in their respective territories, in such form and manner, as may be prescribed15(2) the central government on receipt of such details, shall release funds to the state government or the union territory administration, as the case may be, for the development of drinking water and irrigation facilities in the dark zone areas in such manner as may be prescribed20(3) the funds provided under sub-section (2) shall be used for the following purposes in dark zone areas:—(i) expeditious completion of ongoing drinking water and irrigation projects;state government/ union territory administration to send details of the infrastructure and cost required for the development of drinking water and irrigation facility in dark zone areas(ii) construction of small ponds for the use of farmers and others; (iii) digging wells and bore wells; (iv) installing electric pumps for drinking water and irrigation facilities;25(v) promoting use of simple and cost-effective techniques and institutional devices as may be prepared or put in place on the basis of local technical skill and materials available for the conservation of water;(vi) renovation of old ponds, wells and water reservoirs; (vii) afforestation along the banks of ponds, canals and water reservoirs;30(viii) development of horticulture; (ix) rainwater harvesting in schools, government buildings and private buildings;(x) conservation of natural drainage;(xi) development of meadows at the panchayat and village level;35(xii) construction of canals and check dams; and (xiii) development of barren and desert land40(4) in case any state government or the union territory administration fails to utilise the funds for the purposes it was released or fails to forward the details under subsection (1), the central government shall withhold release of funds to such state government or the union territory administration, as the case may bepowers to make rules5 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if,45before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule5 statement of objects and reasonsmore than one third area of the country is riddled with geological water crisis in certain parts of india, particularly in north-west india, the groundwater level is declining by four centimeter every year these states include several areas of rajasthan, delhi, haryana, punjab and western uttar pradesh out of total 5,723 blocks in the country as many as 839 blocks have been pushed to the dark zone due to exploitation of groundwater the condition of 226 blocks is critical whereas 550 blocks is semi-critical the states of punjab, haryana, rajasthan, andhra pradesh and tamil nadu are facing severe water crisis even the states of uttar pradesh, uttarakhand, west bengal, gujarat and kerala are not exception to this to look at it state-wise, in tamil nadu out of 385 blocks, 33 are in critical zone while 57 blocks are in semi-critical zone in the state of andhra pradesh, out of 219 blocks, as many as 77 and 175 are in critical and semi-critical zones, respectively in the state of haryana, out of 113 blocks, 11 blocks are critical while 5 blocks are semi-critical the state of punjab is the worst hit where critical zone accounts for 5 blocks and semicritical zone comprises 4 blocks out of 137 blocks in the state of rajasthan, water is not worth harnessing out of 236 blocks, as 164 blocks have been pushed to the excessive harnessing zone and 34 blocks have reached the critical stage in the year 1984, the level of groundwater in 203 blocks was not alarming but in the year 2015, the number of secured blocks have come down to 30the increase in the spread of dark zone areas is largely attributed to excessive harnessing of groundwater it is expedient and necessary to tap maximum amount of rainwater to tackle such horrific situationthe water table is continuously declining and is reaching the alarming scale in dark zone area the state governments are facing funds crunch to do the needful or even make proper arrangements for drinking water in these areastherefore, there is a need to constitute a fund for rainwater harvesting, development of irrigation facility and providing safe drinking water to persons residing in the dark zone areashence this billnew delhi;devji m patelnovember 16, 2015 financial memorandumclause 3 of the bill provides for the constitution of special drinking water and irrigation fund for providing requisite funds for making available potable water and water for irrigation purposes in the dark zone areas clause 4 provides for the release of funds to the state governments for making available drinking water and developing of irrigation projects in the dark zone areas the bill, therefore, if enacted, will involve recurring annual expenditure of five thousand crore rupees from the consolidated fund of indiaa non-recurring expenditure of about one thousand crore rupees is also likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules for carrying out the purposes of the bill as rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the constitution of a special drinking water and irrigation developmentfund for supply of drinking water and developing irrigation facilities in the darkzone areas and for matters connected therewith————(shri devji m patel, mp)gmgipmrnd—3215ls(s3)—08-12-2015	Parliament_bills	6fd4ae3f-9e4a-50cb-a829-53d055e9f5cf
bill no 55 of 2009 the constitution (amendment) bill, 2009 byshri l rajagopal, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixtieth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2009 2 after article 21a of the constitution, the following article shall be inserted,—insertion of new article 21b right to shelter parliament may, by law, determine statement of objects and reasonseven after six decades of independence, crores of citizens are still homeless they have to suffer the elements in all its fury—be it winter, summer or rainy season the problem of homelessness is increasing day-by-day both in rural and urban areas population explosion and other social and economic factors are the major reasons for housing shortage in the country due to acute shortage of houses in the country, lakhs of poor people are forced to live on the pavements, footpaths, bus shelters, under flyovers and bridges, as they cannot afford houses of their own crores of people are living in jhuggi and jhopris, kutcha and semi-pucca houses which lack basic facilities like sanitation, electricity, clean water, etc shelter is one of the basic human needs it is necessary that the government should come forward to ensure adequate housing for homeless citizens not only because it is their right, but, because it is an investment that would guarantee a healthy and satisfied citizensthe supreme court has recognized the right to housing by bringing it within the ambit of right to life at the same time, housing right has been recognized and reaffirmed in all international and regional covenants, which have been ratified by our country hence, the central and the state governments are under legal obligation to provide adequate housing to the millions of people who are living in absolute homelessness therefore, it has become more necessary to incorporate right to housing as a fundamental right in the constitutionthe bill seeks to achieve the above objectivenew delhi;l rajagopaljune 29, 2009 financial memorandumclause 2 of the bill provides for incorporation of right to shelter in the fundamental rights of the citizens the bill, if enacted, would involve expenditure from the consolidated fund of india at this stage, it is not possible to give an exact amount of expenditure to be involved however, it is estimated that an annual recurring expenditure of about rupees ten thousand crore is likely to be involveda non-recurring expenditure of about rupees two thousand crore is also likely to be involved annexure extract from the constitution of india right to education21a the state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine lok sabha————— a billfurther to amend the constitution of india—————(shri l rajagopal, mp)gmgipmrnd—2803ls(s5)—13-07-2009	Parliament_bills	9d5b3f66-1d97-5869-80af-a26feb0e88d7
(vit) measures for the development of telecommunication technology and any other maiter relatable to telecommunication industry in general; (viii) efficient management of available spectrum; (0) discharge the followin g functions, namely:— y (i) ensure compliance of terms and conditions of licence; (i) notwithstanding anything contained in the terms and conditions of the licence granted before the commencement of the telecome regulatory authority of india (amendment) act, 2000, fix the terms and conditions of inter-connectivity between the service providers; lo (iti) ensure technical compatibility and effective inter-connection between different service providers; (iv) regulate arrangement amongst service providers of sharing their revenue derived from providing telecommunication services; (v) lay-down: the standards of quality of service to be provided by y¢ the service providers and ensure thé quality of service and conduct the periodical survey of such service provided by the service providers so as to protect interest of the consumers of telecommunication service; (vi) lay-down-and ensure the time period for providing local and long distance circuits of telecommunication between different service ge providers; 7 (vii) maintain register of inter-connect agreements and of all such other matters as may be provided in the regulations; (viii) keep register maintained under clause (vii) open for inspection to any member of public on payment of such fee and compliance of such ag other requirement as may be provided in the regulations; (iz) ensure effective compliance of universal service obligations; (c) levy fees and other charges at such rates and'in respect of such services as may be determined by regulations; (@ perform such other functions including such administrative and financial ky _functions as may be entrusted to it by the central government or as may be necessary to carry out the provisions of this act: provided that the recommendations of the authority specified in clause {a) of this sub-section shall not be binding upon the ceritral government: provided further that the central government shall seek the recommenda- 35 tions of the authority in respect of matters specified in sub-clauses () and (i) of clause (a) of this sub-section in tespect of new licence to be issued to a service provider and the authority shall forward its recommendations within a period of sixty days from the date on which that government sought the tecommendations: wo provided also that the authority may request the central government to furnish such information or documents as may be necessary for the purpose of making recommendations under sub-clauses () and (if) of clause (a) of this subsection and that government shall supply such information within a period of seven days from receipt of such request: : us provided also that the central government may issue a licence to aservice provider if no recommendations are received from the authority within the period specified in the second proviso or within such period as may be mutually agreed upon between the central government and the authority: provided also that if the central government, having considered that recommendation of the authority, comes to a prima facie conclusion that such recommendation cannot be accepted or needs modifications, it shall refer the recommendation back to the authority for its reconsideration, and the authority may, within fifteen days from the date of receipt of such reference, forward to the central government its recommendation after considering the reference made by that government after receipt of further recommendation if any, the central government shall take a final decision"; (b) in sub-section (3), for the words, brackets and figure "under sub-section (z)", the words, brackets and figures "under sub-section (/) or sub-section (2)" shall be substituted ' 49 in section 13 of the principal act, the following proviso shall be inserted, namely:— "provided that no direction under: sub-section (4) of section 12 or under this section shall be issued except on the matters specified in clause (b) of sub-section (j) of section 11" 11 for chapter iv of the principal act, the following chapter shall be substituted, namely:— 'chapter iv appellate tribunal14, the central government shall, by notification, establish an appellate tribunal to be known as the telecom disputes settlement and appellate tribunal to-— (a) adjudicate any dispute— (i) between a licensor and a licensee; (ii) between two or more service providers; as (iii) between a service provider and a group of consumers: provided that nothing in this clause shall apply in respect of matters relating to— (a) the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the monopolies and restrictive trade practices commission established under sub-section (z) of section 5 of the monopolies and restrictive trade practices act, 1969; (b) the complaint of an individual consumer maintainable before a consumer disputes redressal forum or a consumer disputes redressal commission or the national consumer redressal commission established under section 9 of the consumer protection act, 1986; (c) the dispute between telegraph authority and any other person referred to in sub-section (d of section 7b of the indian telegraph act, 1885; yo (b) hear and dispose of appeal against any direction, decision or order of the authority under this act 14a (1) the central government or a state government or a local authority or any person may make an application to the appellate tribunal for adjudication of any dispute referred to in clause (a) of section 14 4s (2) the central government or a state government or a local authority or any person aggrieved by any direction, decision or order made by the authority may prefer an appeal to the appellate tribunal amendment of section 13 substitution of new chapter for chapter iv establishment of appellate tribunal \| application \| for \|\|----------------\|--------\|\| settlement \| of \|\| disputes \| and \|\| appeals \| to \|\| appellate \| \|\| tribunal \| \|(3) every appeal under sub-section (2) shall be preferred within a period of thirty days from the date on which a copy of the direction or order or decision made by the authority is received by the central government or the state government or the local authority or the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: - s provided that the appellate tribunal may entertain any appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period _ (4) on receipt of an application under sub-section (/) or an appeal under subsection (2), the appellate tribunal may, after giving the parties to the dispute or the {9 appeal an opportunity of being heard, pass such orders thereon as it thinks fit (5) the appellate tribunal shall send a copy of every order made by it to the parties to the dispute or the appeal and to the authority, as the case may be (6) the application made under sub-section (/) or the appeal preferred under sub-section (2) shall be dealt with by it as expeditiously as possible and endeavour (5 shall be made by it to dispose of the application or appeal finally within ninety days from the date of receipt of application or appeal, as the case may be: provided that where any such application or appeal could not be-disposed of within the said period of ninety days, the appellate tribunal shall record its reasons in writing for not disposing of the application or appeal within the said period eo (7) the appellate tribunal may, for the purpose of examining the legality or propriety or correctness, of any dispute made in any application under sub-section ), of of any direction or order or decision of the authority referred to in the appeal preferred under sub-section (2), on its own motion or otherwise, call for the records relevant to disposing of such application or appeal and make such orders as it thinks fit, 25 14b (/) the appellate tribunal shall consist of a chairperson and not more \| composition \|\|----------------\|\| appellate \|\| tribunal \|than two members to be appointed, by notification, by the central government (2) the selection of chairperson and members of the appellate tribunal shall be made by the central government in consultation with the chief justiceof india, (3) subject to the provisions of this act,— 3e (a) the jurisdiction of the appellate tribunal may be exercised by the benches thereof; (6) a bench may be constituted by the chairperson of the appellate tribunal with one or two members of such tribunal as the chairperson may deem fit; : 35 (c) the benches of the appellate tribunal shall ordinarily sit at new delhi and at such other places as the central government may, in consultation with the chairperson of the appellate tribunal, notify; : (@) the central government shall notify the areas in relation to which each bench of the appellate tribunal may exercise its jurisdiction : uo (4) notwithstanding anything contained in sub-section (2), the chairperson of the appellate tribunal may transfer a member of such tribunal from one bench to another bench , (5) if at any stage of the hearing of any case or matter it appears to the chairperson \| or a member of the appellate tribunal that the case or matter is of such a nature that us "it ought to be heard by a bench consisting of two members, the case or matter may be transferred by the chairperson to such bench as the chairperson may deem fit qualifications for appointment 14c a person shail not be qualified for appointment as the chairperson of a member of the appellate tribunal unless he—— of chairperson and members (a) in the case of chairperson, is, or has been, a judge of the supreme court or the chief justice of a high court; s (b) in the case of a member, who has held the post of secretary to the government of india or any equivalent post-in the central government or the state government for a period of not less than two years or a person who is well versed in the field-of technology, telecommunication, industry, commerce or administration 14d the chairperson and every other member of the appellate tribunal shall term of office hold office as such for a term not exceeding three years from the date on which he enters upon his office: provided that no chairperson or other member shall hold office as such after he has attained,— © (a) in the case of chzicperson, the age of seventy years; (b) in the case of any other member, the age of sixty-five years 14b the salary and allowances payable to and the other terms and conditions of service of the chairperson and other members of the appellate tribunal shall be \| terms \| and \|\|------------\|--------\|\| conditions \| of \|\| service \| \|such as may be prescribed: ao provided that neither the salary and allowances nor the other terms and conditions of service of the chairperson or a member of the appellate tribunal shail be varied to his disadvantage after appointment : 14f if, for reason other than temporary absence, any vacancy occurs in the vacancies 25 office of the chairperson or a member of the appellate tribunal, the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the appellate tribunal from the stage at which the vacancy is filled 14g (/) the central government may remove from office, the chairperson or removal and resignation any member of the appellate tribunal, who— (a) has been adjudged an insolvent; of (4) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or ; (c) has become physically or mentally incapable of acting as the chairperson or a member, or 3s ' {d) has acquired such financial or other interest as is likely' to affect prejudicially his functionsas the chairperson or a member;or "(e) has so abused his position as to render his continuance in office prejudicial to the public interest (2) notwithstanding anything contained in sub-section (/), the chairperson or a member of the appellate tribunal shail not be removed from his office on theground specified in clause (d) or clause (e) of that sub-section unless the supreme court ona reference being made to it in this behalf by the central government, has, on an enquiry, held by it in accordance with such procedure as it may specify in this behalf, reported that the chairperson or a member ought on such ground or grounds to be removed us (3) the central government may suspend from office, the chairperson or a member of the appellate tribunal in respect of whom a reference has been madeto the supreme court under sub-section (2), until the central government has passed an order on receipt of the report of the supreme court on such reference stal of 14h (1) the central government shall provide the appellate tribunal with ppellate : : tribunal such officers and employees as it may deem fit, : (2) the officers and employees of the appellate tribunal shall discharge their functions under the general superintendence of its chairperson (3) the salaries and allowances and other conditions of service of the officers cy and employees of the appellate tribunal shail be such as may be prescribed distribution of 14-1, where benches are constituted, the chairperson of the appellate tribunal business may, from time to time, by notification, make provisions as to the distribution of the bones business of the appellate tribunal amongst the benches and also provide for the matters jenches, a which may be dealt with by each bench ; : to power of 14j on the application of any of the parties and after notice to the parties, and chairperson to after hearing such of them as he may desire to be heard, or on his own motion without transfer cases such notice, the chairperson of the appellate tribunal may transfer any case pending before one bench, for disposal, to any other bench decision to be 14k if the members of a bench consisting of two members differ in opinion on js by majority any point, they shall state the point or points on which they differ, and make a reference to the chairperson of the appellate tribunal who shall hear the point or points himself and such point or points shall be decided according to the opinion of the majority who have heard the case, including those who first heard it members, etc, 14l the chairperson, members and other officers and employees of the go to be public appellate tribunal shall be deemed to be public servants within the meaning of section servants, 21 of the indian penal code uo 45 of 1860, transfer of 14m all applications, pending for adjudication of disputes before the authority pending cases, immediately before the date of establishment of the appellate tribunal under this act, shall stand transferred on that date to such tribunal: as provided that all disputes being adjudicated under the provisions of chapter iv as it stood immediately before the commencement of the telecom regulatory authority of india (amendment) act, 2000, shall continue to be adjudicated by the authority in accordance with the provisions contained in that chapter, till the establishment of the appellate tribunal under this act: : 30 provided further that all cases referred to in the first proviso shall-be transferred by the authority to the appellate tribunal immediately on its establishment under section 14, transfer of 14n (j) ah appeals pending before the high court immediately before the appeals, - commencement of the telecom regulatory authority of india (amendment) act, 2000, : shall stand transferred to the appellate tribunal on its establishment under section 14 35 (2) where any appeal stands transferred from the high court to the appellate tribunal under sub-section (/),— (a) the high court shall, as soon 'as may be after such transfer, forward the records of such appeal to the appellate tribunal; and (b) the appellate tribunal may, on receipt of such records, proceed to uo _ deal with such appeal, so far as may be from the-stage which was: reached before such transfer or from any earlier stage or de novo as the appellate tribunal may deem fit civil court not 15 no civil court shall have jurisdiction to entertain any suit or procéeding in respect tohave of any matter which the appellate tribunal is empowered by or under this act to determine we junisdiction and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act : \| procedure \| and \|\|--------------\|--------\|\| powers \| of \|\| appellate \| \|\| tribunal \| \|16, (/) the appellate tribunal shall not be bound by the procedure laid down by the code of civil procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this act, the appellate tribunal shall have powers to regulate its own procedure (2) the appellate tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (6) requiring the discovery and 'production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872, requisitioning any public record or document or a copy of such record or document, from any office; (e) issuing commissions for the examination of witnesses or documents; (f) reviewing its decisions; (g) dismissing an application for default or deciding it, ex parte; (a) setting aside any order of dismissal of any application for default or any order passed by it, ex parte; and ()) any other matter which may be prescribed (3) every proceeding before the appellate tribunal shall be deemed to be judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the indian penal code and the appellate tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 right to legal representation 17 the applicant or appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the appellate tribunal explanation—for the purposes of this section,— (a) "chartered accountant" means a chartered accountant as defined in clause (4) of sub-section (/) of section 2 of the chartered accountants act, 1949 and who has obtained a certificate of practice under sub-section (/) of section 6 of that act; (6) "company secretary" means a company secretary as defined in clause (c) of sub-section (/) of section 2 of the company secretaries act, 1980 and who has obtained a certificate of practice under sub-section (/) of section 6 of that act; (c) "cost accountant" means a cost accountant as defined in clause (b) of sub- section (/) of section 2 of the cost and works accountants act, 1959 and who has obtained a certificate of practice under sub-section (1) of section 6 of that act; (d) "legal practitioner" means an advocate, vakil or an attorney of any high court, and includes a pleader in practice 18 (j) notwithstanding anything contained in the code of civil procedure, 1908 or in any other law, an appeal shall lie against any order, not being an interlocutory appeal to supreme court order, of the appellate tribunal to the supreme court on one or more of the grounds specified in section 100 of that code (2) no appeal shall lie against any decision or order made by the appellate tribunal with the consent of the parties (3) every appeal under this section shall be preferred within a period of ninety days from the date of the decision or order appealed against: provided that the supreme court may entertain the appeal after the expiry of the said period of ninety days, if it is satisified that the appellant was prevented by sufficient cause from preferring the appeal in time > orders passed 19, (1) an order passed by the appellate tribunal under this act shall be executable by the appellate tribunal as a dectee of civil court, and for this purpose, the appellate tribunal shall have all the powers of a civil court, by appellate tribunal to be executable as a decree, (2) notwithstanding anything contained in sub-section (1), the appellate tribunal may transmit any order made by it to a civil court having local jurisdiction and such \o civil court shall execute the order as if it were a decree made by that court 20 if any person wilfully fails to comply with the order of the appellate tribunal, he shail be punishable with fine which may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two penalty for wilful failure to comply with orders of appellate tribunal lakh rupees for every day during which such default continues' 12 in section 23 of the principal act, after sub-section (2), the following explanation amendment of section 23 shail be inserted, namely:— "explanation—-for the removal of doubts, it is hereby declared that the decisions of the authority taken in the discharge of its functions under clause (b) of sub-section ae (1) and sub-section (2) of section 11 and section 13, being matters appealable to the appellate tribunal, shall not be subject to audit under this section" 13 in section 35 of the principal act, in sub-section (2),—~ amendment of section 35 (a) after clause (a), the following clause shall be inserted, namely:— "(aa) the allowances payable to the part-time members under sub-section 3 5 (6a) of section 5;"; (b) after clause (c), the following clause shall be inserted, namely: "(ca) the salary and allowances and other conditions of service of officers and other employees of the authority under sub-section (2) of section 10;"; (c) after clause (d), the following clauses shall be inserted, namely:— 3e "(da) the form, the manner of its verification and the fee under sub-sectiorr (3) of section 14a; (db) the salary and allowances payable to and other terms and conditions of service of the chairperson and other members of the appellate tribunal under section 14e; 3 (dc) the salary and allowances and other conditions of service of the officers and employees of the appellate tribunal under sub-section (3) of section 14h; (dd) any other 'power of a civil court required to be prescribed under , clause (i) of sub-section (2) of section 16;" 14 in section 36 of the principal act, in sub-section (2),— vo amendment of section 36, (a) clause (c) shall be omitted; ( b)in clause (d), for the words, brackets and letter "under clause (1)", the words, brackets and letters, "under sub-clause (vii) of clause (b)" shall be substituted; (c)in clause (e), for the words, brackets and letter "under clause(m)", the words, brackets and letters "under sub-clause (viii) of clause (b)" shall be substituted; us (a) in clause (f), for the words, brackets and letter "under clause (p)", the words and letter "under clause (c)" shall be substituted repeat and saving 15 (1) the telecom regulatory authority of india (amendment) ordinance, 2000 is 2 of 2000 oe hereby repealed s (2) notwithstanding such repeal, anything done or any action taker under the principal act, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal act, as amended by this act the telecom regulatory authority of india was established under the telecom regulatory authority of india act, 1997 (24 of 1997) to regulate the telecommunication services and for matters connected therewith during the course of the functioning of the said authority, certain tssues had come up which were hindering the growth of telecom séctor, the president while addressing the joint session of parliament on 25th october, 1999 had stated that the telecom regulatory authority of india will be strengthened to increase investor' confidence and create a level playing field between public and private operators by making suitable amendments in the telecom regulatory authority of india act, 1997 in pursuance thereof, the central government constituted a group on telecom and it convergence under the chairmanship of the finance minister on 13121999, one of the terms of references of the group was to consider and make recommendations to the central government with reference to strengthening the authority through suitable amendments in the telecom regulatory authority of india act, 1997 the group submitted its recommendations to the central government and the recommendations have been accepted by the central government 2, as parliament was not in session and in view of the urgency to remove the impediments in the growth of this infrastructure sector, the president was pleased to promulgate the telecom regulatory authority of india (amendment) ordinance, 2000 on the 24th day of january, 2000 3 the salient features of the amendments effected by the said ordinance are as follows:— (i) a clear distinction has been made between the recommendatory/advisory and the regulatory functions of the authority as envisaged under sub-section (1) of section 11 of the act; (ii) seeking of recommendations of the authority in respect of matters specified in sub-clauses (i) and (ii) of section 11(1) (a) of the act has been made mandatory for the central government; (iti) the functions of the authority, inter alia, now inchide:— (a) to fix the terms and conditions of interconnectivity between service providers; (b) to lay down the standards of quality of service to be provided by the service providers and ensure quality of service; (©) tomake recommendations on efficient management of available spectrum; - (iv) the composition of the authority has also been changed the authority will now consist of a chairperson and not more than two whole-time members and not more than two part time members to be appointed by the central government the chairperson and other members of the authority shall be appointed from amongst persons having special knowledge of, and professional experience in, telecommunication, industry, finance, accountancy, law, management or consumer affairs; (v) tariff setting function of the authority has been brought under the purview of sub-section (3) of section 11; (vi) further, the decisions of the authority taken in discharge of its functions under sections 11(1}(b), 11(2) and 13 which are appealable to the appellate tribunal shall not be subject to audit by the comptroller and auditor general of india; (vii) new provisions have been made for establishment of a tribunal known as the telecom disputes settlement and appellate tribunal for adjudicating disputes between a licensor and a licencee, between two or more service providers, between a service provider and a group of consumers, and also to hear and dispose of any appeals from the direction, decision or order of the authority, 4 the bill seeks to replace the said ordinance new delhi, ramvilas paswan ¢ the 18th february, 2000 clause !1 of the bill proposes to provide for establishment of an independent statutory appellate body, namely, the telecom disputes settlement and appellate tribunal, the recurring expenditure towards the pay and allowances of the chairperson and members of the appellate tribunal and the officers and other employees of the appellate tribunal is estimated approximately at rs 395 crores per annum non-recurring expenditure on-items such as furniture, office equipments, vehicles, etc, of the appellate tribunal is estimated approximately at rs 39 lakhs the bill if enacted will not incur any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 13 of the bill seeks to amend section 35 of the principal act which empowers the central government to make rules by notification to carry out the provisions of the act the matters in respect of which such rules may be made are specified therein these matters relate, inter alia, to the allowances payable to the part-lime members of the authority; the salary and allowances and other conditions of service of officers and other employees of the authority; the form, the manner of its verification and the fee: prefer an appeal against the order of the authority before the appellate tribunal; the salary and allowances payable to and the other terms and conditions of service of the chairperson and other members of the appellate tribunal; the salary and allowances and the other terms and conditions of service of the officers and employees of the appellate tribunal; and any other power of a civil court required to be prescribed by the appellate tribunal 2, the matters in respect of which rules may be made are matters of administrative detail and procedure and, as such, the delegation of legislative power is of a normal character annexure extracts from the telecom regulatory authority of india act, 1997(24 of 1997) an act to provide for the establishment of the telecom regulatory authority of india to regulate the telecommunication services, and for matters connected therewith or incidental thereto : definitions 2 (1) in this act, unless the context otherwise requires,— (j) "service provider" means the government and includes a licensee; (k) "telecommunication service" means service of any description (including electronic mail, voice mail, data services, audio tex services, video tex services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intellegence of any nature, by wire, radio, visual or other electro-magnetic means but shall not include broadcasting services chapter ii telecom regulatory authority of indiai establishment 3(1) and incorporation (3) the authority shall consist of a chairperson, and not less than two, but not exceeding of authority members, to be appointed by the central government ; : : qualifications 4 (1) the chairperson shall be a person who is or has been a judge of the supreme 4 for appointment court or who is or has been the chief justice of a high court i of chairperson : and other (2) a member shall be a person who has special knowledge of, and professional ie members experience in, telecommunication, industry, finance, accountancy, law, management and : consumer affairs: provided that a person who is or has been in the service of government shall not be : appointed as a member unless such person has held the post of secretary or additional i secretary, or the post of additional secretary and secretary to the government of india or any equivalent post in the central government or the state government for a period of three years term of office, 5 ep) i conditions of i service, etc, of (2) the chairperson shall hold office for a term of five years from the date on which i chairperson h his offi \| and other ¢ enters upon his office i members (3) a member shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier x x (5) the salary and allowances payable to and the other terms and conditions of service of the chairperson and other members shall be such as may be prescribed x ed x (7) notwithstanding anything contained in sub-section (2)or sub-section (3), a member may— (a) relinquish his office by giving in writing to the central government notice of not less than three months; or - (6) be removed from his office in accordance with the provisions of section 7 (8) the chairperson or any other member ceasing to hold office as such, shall— x () not accept any commercial employment, for a period of two years from the date he ceases to hold such office 71) : (2) notwithstanding anything contained in sub-section(/), no member shail be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless removal and suspension of "member from office in certain circumstances, the supreme court on a reference being made to it in this behalf by the central government, _ has, on an-enquiry, held by it in accordance with such procedure as prescribed in this behalf, reported that the member ought on such ground or grounds to be removed (3) the central government may suspend from office a member in respect of whom a reference has been made to the supreme court under sub-section (2) until the central government has passed an order on receipt of the report of the supreme court on such 10 (1) —_ officers and other employees of authority (2) the' salary and allowances payable to and the other conditions of service of the officers and other employees of the authority appointed under sub- section (1) shall be such as may be determined by regulations % chapter iii powers and functions of the authority41 (j) notwithstanding anything contained in the indian telegraph act, 1885, the functions of the authority shall be to— functions of authority (a) recommend the need and timing for introduction of new service provider; (5) recommend the terms and conditions of licence to a service provider; (c) ensure technical compatibility and effective inter-connection between different service providers; @ regulate arrangement amongst service providers of sharing their revenue derived from providing telecommunication services; (e) ensure compliance of terms and conditions of licence; (f recommend revocation of licence for non-compliance of terms and conditions of licence; (g) lay down and ensure the time period for providing local and long distance circuits of telecommunication between different service providers; (h) faciliate competition and promote efficiency in the operation of telecommunication services so as to facilitate growth in such services; (i) protect the interest of the consumers of telecommunication service; () monitor the quality-of service and conduct the periodical survey of such provided by the service providers: (k) inspect the equipment used in the network and recommend the type of equipment tobe used by the service providers; (1) maintain register of inter-connect agreements and of all such other matters as may be provided in the regulations; (m) keep register maintained under clause (1) open for inspection to ally member of public on payment of such fee and compliance of such other requirements as may - be provided in the regulations; (n) settle disputes between service providers; ; (o) render advice to the central government in the matters relating to the development of telecommunication technology and any other matter relatable to telecommunication industry in general; (p) levy fees and other charges at such rates and in respect of such services as may be determined by regulations; (q) ensure effective compliance of universal service obligations; ' (r) perform such other functions including such administrative and financial functions as may beentrusted to it by the central government or as may be necessary to carry out the provisions of this act " ey (3) while discharging its functions under sub-section (/), the authority shall-not act against the interest of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality _ 13 the authority may, for the discharge of its functions under sub-section (1) of power of authority to issue directions, section 11, issue such directions from time to time to the service providers, asit may consider necessary, \ chapter iv settlement of disputesauthority to settle disputes 14, (1) ifa dispute arises, in respect of matters referred to in sub-section (2), among service providers or between service providers and a group of consumers, such disputes shall be adjudicated by a bench constituted by the chairperson and such bench shall consist of two members: : provided that if the members of the bench differ on any point or points they shall state the point or points on which they differ and refer the same to a third member for hearing on such point or points and such point or points shall be decided according to the opinion of » that member, (2) the bench constituted under sub-section (7) shall exercise, on and from the appointed day all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court on any matter relating to— (i) technical compatibility and inter-connections between service providers; (i) revenue sharing arrangements between different service providers; (iii) quality of telecommunication services and interest of consumers: provided that nothing in this sub-section shall apply in respect of matters relating to— (a) the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the monopolies and restrictive trade practices commission established under sub-section @) of section 5 of the monopolies and restrictive trade practices act, 1969; (6) the complaint of an individual consumer maintainable before a consumer disputes redressal forum or a consumer disputes redressal commission or the national consumer redressal commission established under section 9 of the consumer protection act, 1986; (c) dispute between telegraph authority and any other person referred to in subsection (/) of section 7b of the indian telegraph act, 1885 : 15 (/) an aggreived person 'may make an application in respect of matters referred to in sub-section (2) of section 14 within such period as may be prescribed filing of application to authority and procedure forpassing order by explanation:—for the purposes of this sub-section, the expression "aggrieved person" means— : it (i) any service provider who has a dispute in respect of matters referred to in clauses (i) and (42) of sub-section (2) of section 14; (ii) where 'any loss or damage is caused toa group of consumers, any member representing such group of consumers (2) on receipt of an application made under sub-séction (j), the authority may, after giving the parties an opportunity of being heard, pass such orders as it thinks fit preferably within a period of six months from the date of filing of such application and shall record reasons in writing if final order cannot be passed within the said period (3) while arriving at a decision, the authority shall record in writing the reasons for such decision - (4) every decision of the authority shall be published i in the annual report of the authority : " (5) the orders and directions of the authority shall be binding on the service providers, government and all other persons concerned 16, (/) the authority shall be guided by the principles of natural justice procedure and powers of authority: (2) the authority shall have, for the purpose of discharging their functions under this chapter, the same powers as are vested in a civil court 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; (b) requiring the discovery ahd production of documents; - (c) receiving evidence on-affidavits; " (d) issuing commissions for the examination of witnesses'or documents; (e) reviewing its decisions; (f) dismissing an application for default or deciding it ex parte; (g) setting aside any order of dismissal of any application for default or any order passed by it ex parte; (a) any other matter which may be prescribed (3) every proceeding before the authority shall be deemed to be a judicial proceeding withing the meaning of sections 193 and 228, and for the purpose of section 196 of the indian penal code and the authortiy shall be deemed to be a civil court for all the purposes a5 of 1860 of section 195 and chapter xxvi of the code of criminal procedure, 1973 2 of 1974, 17 the applicant may either appear in person or authorise one or more legal right to legal representation practitioners or any of its officers to present his or its case before the authority appeal to high court 18 any person aggrieved by any decision or order of the authority may file an appeal to the high court within thirty days from the date of communication of the decision or order of the authority to him: provided that the high court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days, \| orders \| passed \|\|-------------\|------------\|\| 19 \| \|\| every \| \|\| order \| \|\| made \| \|\| by \| \|\| the \| \|\| authority \| \|\| under \| \|\| this \| \|\| act \| \|\| or \| \|\| the \| \|\| order \| \|\| made \| \|\| by \| \|\| the \| \|\| high \| \|\| by \| authority \|\| high \| court \|\| court \| \|\| in \| \|\| any \| \|\| appeal \| \|\| against \| \|\| any \| \|\| order \| \|\| of \| \|\| the \| \|\| authority \| \|\| shall, \| \|\| on \| \|\| a \| \|\| certificate \| \|\| issued \| \|\| by \| \|\| any \| \|\| ft \| \|\| be \| executable \|\| officer \| \|\| of the \| \|\| authority \| \|\| or \| \|\| the \| \|\| registrar \| \|\| of \| \|\| the \| \|\| high \| \|\| court, \| \|\| as \| \|\| the \| \|\| case \| \|\| may \| \|\| be, \| \|\| be \| \|\| deemed \| \|\| to \| \|\| : \| \|\| as \| a \|\| be \| \|\| decree \| \|\| of \| \|\| the \| \|\| civil \| \|\| court \| \|\| and \| \|\| shall \| \|\| be \| \|\| executable \| \|\| in \| \|\| the \| \|\| same \| \|\| manner \| \|\| as \| \|\| a \| \|\| decree \| \|\| of \| \|\| that \| \|\| 4 \| \|\| court \| \|\| \| \|\| q \| \|- 20 if any person wilfully fails to comply with the orders of the authority or any order \| \| penalty \| for \|\|-----------\|------------\|--------\|\| wilful \| failure \| to \|\| comply \| with \| \|\| orders \| of \| \|\| authority \| or \| \|\| high \| court \| \|of the high court, as the case may be, he shall be punishable with fine which may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two lakh rupees for every day during which the default continues accounts and 23 () audit (2) the accounts of the authority shall be audited by the comptroiler and auditor- general of india at such intervals as may be specified by him and any expenditure incurred in connection with such auditor shall be payable by the authority to the comptroller and auditor-general of india : pe power to make 35 (j) rules (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of thé following matters, namely:— ok power to make 36 (1) _ + 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:— x, (0) the salaries and allowances payable to and the other conditions of service of officers and other employees of the authority under sub-section (2) of section 10: (d) matters in respect of which register is to be maintained by the authority under clause (1) of sub-section (1) of section li; ; (e) levy of fee and lay down such other tequirements on fulfilment of which a copy of register may be obtained under clause (m) of sub-section (7) of section 11; (f) levy of fees and other charges under clause (p) of sub-section (j) of section 11, ue	Parliament_bills	adc94779-0f34-5342-939e-975e9299f44d
the code on wages, 2017—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions 3 prohibition of discrimination on ground of gender 4 determination of disputes with regard to same or similar nature of work chapter ii minimum wages5 payment of minimum rate of wages 6 fixation of minimum wages 7 components of minimum wages 8 procedure for fixing and revising minimum wages 9 power of central government to fix national minimum wage10 wages of employee who works for less than normal working day 11 wages for two or more classes of work12 minimum time rate wages for piece work 13 fixing hours of work for normal working day 14 wages for overtime work chapter iii payment of wages15 mode of payment of wages 16 fixation of wage period 17 time limit for payment of wages 18 deductions which may be made from wages 19 fines 20 deductions for absence from duty 21 deductions for damage or loss 22 deductions for services rendered 23 deductions for recovery of advances 24 deductions for recovery of loans 25 chapter not to apply to government establishmentsclauses chapter iv payment of bonus26 eligibility for bonus, etc 27 proportionate reduction in bonus in certain cases 28 computation of number of working days 29 disqualification for bonus 30 establishment to include departments, undertakings and branches 31 payment of bonus out of allocable surplus 32 computation of gross profits 33 computation of available surplus 34 sums deductible from gross profits 35 calculation of direct tax payable by employer 36 set on and set off of allocable surplus 37 adjustment of customary or interim bonus against bonus payable under this code 38 deduction of certain amounts from bonus payable 39 time limit for payment of bonus 40 application of this chapter to establishments in public sector in certain cases 41 non-applicability of this chapter chapter v advisory board42 central advisory board and state advisory boards chapter vi payment of dues, claims and audit43 responsibility for payment of various dues 44 payment of various undisbursed dues in case of death of employee45 claims under code and procedure thereof 46 reference of disputes under this code 47 presumption about accuracy of balance-sheet and profit and loss account ofcorporations and companies48 audit of accounts of employers, not being corporations or companies 49 appeal 50 records, returns and notices chapter vii facilitator51 appointment of facilitators and their powers chapter viii offences and penalties52 cognizance of offences 53 penalties for offences 54 offences by companies 55 composition of offencesclauses chapter ix miscellaneous56 bar of suits 57 protection of action taken in good faith 58 burden of proof 59 contracting out 60 effect of laws, agreements, etc, inconsistent with this code 61 delegation of powers 62 exemption of employer from liability in certain cases 63 protection against attachement of assets of employer with government 64 power of central government to give directions 65 savings 66 power of appropriate government to make rules 67 power to remove difficulties 68 repeal and savingsthe first schedule the second schedule the third schedule the fourth schedule bill no 163 of 2017 the code on wages, 2017 a billto consolidate and amend the laws relating to wages and bonus and matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the code on wages, 20175(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, appoint; and different dates may be appointed for different provisions of this code and any reference in any such provision to the commencement of this code shall be construed as a reference to the coming into force of that provisiondefinitions2 in this code, unless the context otherwise requires,––(a) "accounting year" means the year commencing on the 1st day of april; (b) "advisory board" means the central advisory board or, as the case may be, the state advisory board, constituted under section 42;5(c) "agricultural income-tax law" means any law for the time being in force relating to the levy of tax on agricultural income;(d) "appropriate government" means,––10 15(i) in relation to, an establishment carried on by or under the authority of the central government or the establishment of railways, mines, oil field, major ports, air transport service, telecommunication, banking and insurance company or a corporation or other authority established by a central act or a central public sector undertaking or subsidiary companies set-up by central public sector undertakings or autonomous bodies owned or controlled by the central government, including establishment of contractors for the purposes of such establishment, corporation or other authority, central public sector undertakings, subsidiary companies or autonomous bodies, as the case may be, the central government;(ii) in relation to any other establishment, the state government;18 of 2013(e) "company" means a company defined in clause (20) of section 2 of the companies act, 2013;20(f) "contractor", in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor;252 of 1912(g) "co-operative society" means a society registered or deemed to be registered under the co-operative societies act, 1912, or any other law for the time being in force in any state relating to co-operative societies;(h) "corporation" means anybody corporate established by or under any central act, or state act but does not include a company or a co-operative society;30(i) "direct tax" means––(i) any tax chargeable under the––(a) income-tax act, 1961;43 of 19617 of 1964(b) companies (profits) surtax act, 1964; (c) agricultural income-tax law; and35(ii) any other tax which, having regard to its nature or incidence, may be declared by the central government, by notification, to be a direct tax for the purposes of this code;52 of 196140(j) "employee" means, any person (other than an apprentice engaged under the apprentices act, 1961), employed on wages by an establishment to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate government, but does not include any member of the armed forces of the union;45(k) "employer" means a person who employs one or more employees in his establishment and where the establishment is carried on by any department of the central government or the state government, the authority specified, by the head of such department, in this behalf or where no authority, is so specified the head of the department and in relation to an establishment carried on by a local authority, the chief executive of that authority, and includes,—63 of 19485(i) in relation to an establishment which is a factory, the occupier of thefactory as defined in clause (n) of section 2 of the factories act, 1948 and, wherea person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the said act, the person so named;10(ii) in relation to any other establishment, the person who, or the authoritywhich, has ultimate control over the affairs of the establishment and where the said affairs is entrusted to a manager or managing director, such manager or managing director; and(iii) contractor;(l) "establishment" means any place where any industry, trade, business,manufacture or occupation is carried on and includes government establishment;15(m) "facilitator" means a person appointed by the appropriate government undersub-section (1) of section 51;(n) "factory" means the factory as defined in clause (m) of section 2 of the factories act, 1948;63 of 194820(o) "government establishment" means any office or department of thegovernment or a local authority;43 of 1961(p) "income-tax act" means the income-tax act, 1961;(q) "industrial dispute" means,—25(i) any dispute or difference between employers and employers, or betweenemployers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person; and(ii) any dispute or difference between an individual worker and an employerconnected with, or arising out of, discharge, dismissal, retrenchment or termination of such worker;30(r) "minimum wage" means the wage fixed under section 6; (s) "notification" means a notification published in the gazette of india or theofficial gazette of a state, as the case may be, and the expression "notify" with its grammatical variations and cognate expressions shall be construed accordingly;(t) "prescribed" means prescribed by rules made by the appropriate government;35(u) "same work or work of a similar nature" means work in respect of which theskill, effort and responsibility required are the same, when performed under similar working conditions by employees and the difference if any, between the skill, effort and responsibility required for employees of any gender, are not of practical importance in relation to the terms and conditions of employment;40(v) "state" includes a union territory;14 of 1947(w) "tribunal" shall have the same meaning assigned to it in clause (r) of section 2of the industrial disputes act, 1947;45(x) "wages" means all remuneration, whether by way of salary, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes,—(i) any remuneration payable under any award or settlement between the parties or order of a court;(ii) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any period of leave;(iii) any additional remuneration payable under the terms of employment, whether called a bonus or by any other name;5(iv) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;(v) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force;10(vi) any house rent allowance, but does not include––15(a) any bonus payable under this code, which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a court or tribunal;(b) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate government;20(c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;(d) any travelling allowance or the value of any travelling concession; (e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or25(f) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (iv):30provided that, for the purposes of chapter iv, "wages" means all remuneration(other than remuneration in respect of overtime work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance, that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living, but does not include,––(i) any other allowance which the employee is for the time being entitled to;35(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles;(iii) any travelling concession; (iv) any bonus including incentive, production and attendance bonus;40(v) any contribution paid or payable by the employer to any pension fundor provident fund or for the benefit of the employee under any law for the time being in force;(vi) any retrenchment compensation or any gratuity or other retirementbenefit payable to the employee or any ex gratia payment made to him;(vii) any commission payable to the employee:45provided further that for calculating the wages under the first proviso for the purposes of payment of bonus, if the payments made by the employer to the employee under clauses (i) to (vii) exceeds one-half of the all remuneration specified under the said proviso, the amount which exceeds such one-half shall be deemed as remuneration and shall be accordingly added in all remuneration under that proviso5explanation––where an employee is given in lieu of the whole or part of thewages payable to him, free food allowance or free food by his employer, such food allowance or the value of such food shall, for the purposes of the first proviso, be deemed to form part of the wages of such employee;52 of 19611045 of 195515(y) "worker" means any person (except an apprentice as defined under clause (aa)of section 2 of the apprentices act, 1961) employed in any industry to do any manual, unskilled, skilled, technical, operational or clerical work for hire or reward, whether the terms of employment be express or implied, and includes working journalists as defined in clause (f) of section 2 of the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 and sales promotion employees as defined in clause (d) of section 2 of the sales promotion employees(conditions of service) act, 1976, but does not include any such person—11 of 1976(i) who is subject to the air force act, 1950, or the army act, 1950, or thenavy act, 1957; or45 of 1950 46 of 1950 62 of 1957(ii) who is employed in the police service or as an officer or other employeeof a prison; or20(iii) who is employed mainly in a supervisory or managerial or administrativecapacity3 (1) there shall be no discrimination among employees on the ground of gender in matters relating to wages by the same employer, in respect of the same work or work of similar nature done by any employeeprohibition of discrimination on ground of gender25(2) no employer shall, for the purpose of complying with the provisions ofsub-section (1), reduce the rate of wages of any employee4 where there is any dispute as to whether a work is of same or similar nature for the purpose of section 3, the dispute shall be decided by such authority as may be notified by the appropriate governmentdetermination of disputes with regard to same or similar nature of work chapter ii30 minimum wages\| payment \|\|--------------\|\| minimum rate \|\| of wages \|355 no employer shall pay to any employee wages less than the minimum rate of wages notified by the appropriate government for the area, establishment or work as may be specified in the notification6 (1) subject to the provisions of section 9, the appropriate government shall fix the minimum rate of wages payable to employeesfixation of minimum wages(2) for the purposes of sub-section (1), the appropriate government shall fix—(a) a minimum rate of wages for time work; or40(b) a minimum rate of wages for piece work; or (c) a minimum rate of wages to apply in the case of employees employed on piecework for the purpose of securing to such employees a minimum rate of wages on a time work basis45(3) the minimum rate of wages on time work basis may be fixed in accordance with any one or more of the following wage periods, namely:––(i) by the hour, or(ii) by the day, or (iii) by the month(4) where the rates of wages are fixed by the hour or by the day or by the month, the manner of calculating the wages shall be such, as may be prescribed(5) the appropriate government may, by notification, fix factors by which the minimum wages so fixed be multiplied for different types of work5(6) for the purpose of fixation of factors referred to in sub-section (5), the appropriate government shall take into account the skill required, the arduousness of the work assigned to the worker, geographical location of the place of work and other factors which the appropriate government considers necessary107 (1) any minimum rate of wages fixed or revised by the appropriate government, in respect of employment, under section 8 may consist of––components of minimum wages(i) a basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in such manner as the appropriate government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as "cost of living allowance"); or15(ii) a basic rate of wages with or without the cost of living allowance, and thecash value of the concessions in respect of supplies of essential commodities at concession rates, where so authorised; or(iii) an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any20(2) the cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at concession rate shall be computed by such authority, as the appropriate government may by notification, appoint, at such intervals and in accordance with such directions as may be specified or given by the appropriate government from time to time258 (1) in fixing minimum rates of wages in respect of any employment for the first time under this code or in revising minimum rates of wages so fixed, the appropriate government shall either—procedure for fixing and revising minimum wages30(a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and recommend in respect of such fixation or revision, as the case may be; or(b) by notification publish its proposals for the information of persons likely to be affected thereby and specify a date not less than two months from the date of the notification on which the proposals shall be taken into consideration35(2) every committee and sub-committee appointed by the appropriate government under clause (a) of sub-section (1) shall consist of persons––(a) representing employers;40(b) representing employees which shall be equal in number of the members specified in clause (a); and(c) independent persons, not exceeding one-third of the total members of the committee or sub-committee, as the case may be45(3) after considering the recommendation of the committee or sub- committee appointed under clause (a) of sub-section (1) or, as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate government shall by notification fix, or as the case may be, revise the minimum rates of wages and unless such notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue:provided that where the appropriate government proposes to revise the minimum rates of wages by the mode specified in clause (b) of sub-section (1), the appropriate government shall also consult concerned advisory board constituted under section 42(4) the appropriate government shall review or revise minimum rates of wages at an interval of five years9 (1) the central government may, by notification, fix the national minimum wage:—provided that different national minimum wage may be fixed for different states or different geographical areas5power of central government to fix national minimum wage(2) the minimum rates of wages fixed by the appropriate government under section 6shall not be less than the national minimum wage and if the minimum rates of wages fixed by the appropriate government earlier is more than the national minimum wage, then, the appropriate government shall not reduce such minimum rates of wages fixed by it earlier10(3) the central government, before fixing the national minimum wage under sub-section (1), may obtain the advice of the central advisory board constituted under sub-section (1) of section 4215wages of employee who works for less than normal working day10 if an employee whose minimum rate of wages has been fixed under this code by the day works on any day on which he was employed for a period of less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done on that day, as if he had worked for a full normal working day:provided that he shall not be entitled to receive wages for a full normal working day,—(i) in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work; and20(ii) in such other cases and circumstances, as may be prescribedwages for two or more classes of work2511 where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class12 where a person is employed on piece work for which minimum time rate and not a minimum piece rate has been fixed under this code, the employer shall pay to such person wages at not less than the minimum time rateminimum time rate wages for piece work3013 (1) where the minimum rates of wages have been fixed under this code, the appropriate government may—fixing hours of work for normal working day(a) fix the number of hours of work which shall constitute a normal working day inclusive of one or more specified intervals;(b) provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest;35(c) provide for payment for work on a day of rest at a rate not less than the overtime rate40(2) the provisions of sub-section (1) shall, in relation to the following classes of employees apply, only to such extent and subject to such conditions as may be prescribed, namely:—(a) employees engaged on urgent work or in any emergency which could not have been foreseen or prevented;45(b) employees engaged in work of the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned;(c) employees whose employment is essentially intermittent;(d) employees engaged in any work which for technical reasons has to be completed before the duty is over; and(e) employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces5(3) for the purposes of clause (c) of sub-section (2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty normally include periods of in action during which the employee may be on duty but is not called upon to display either physical activity or sustained attention10wages for overtimework1514 where an employee whose minimum rate of wages has been fixed under this codeby the hour, by the day or by such a longer wage period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess, at the overtime rate which shall not be less than twice the normal rate of wages chapter iii payment of wages15 all wages shall be paid in current coin or currency notes or by cheque or through digital or electronic mode or by crediting the wages in the bank account of the employee:mode of payment of wages20provided that the appropriate government may, by notification, specify the industrialor other establishment, the employer of which shall pay to every person employed in such industrial or other establishment, the wages only by cheque or through digital or electronic mode or by crediting the wages in his bank accountfixation of wage period2516 the employer shall fix the wage period for employees either as daily or weekly orfortnightly or monthly subject to the condition that no wage period in respect of any employee shall be more than a month:provided that different wage periods may be fixed for different establishments17 (1) the employer shall pay or cause to be paid wages to the employees, engaged on—time limit for payment ofwages30(i) daily basis, at the end of the shift;(ii) weekly basis, on the last working day of the week, that is to say, before theweekly holiday;(iii) fortnightly basis, before the end of the second day after the end of thefortnight;35(iv) monthly basis, before the expiry of the seventh day of the succeedingmonth(2) where an employee has been—(i) removed or dismissed from service; or40(ii) retrenched or has resigned from service, or became unemployed due toclosure of the establishment,the wages payable to him shall be paid within two working days of his removal, dismissal, retrenchment or, as the case may be, his resignation45(3) notwithstanding anything contained in sub-section (1) or sub-section (2), the appropriate government may, provide any other time limit for payment of wages where it considers reasonable having regard to the circumstances under which the wages are to be paid(4) nothing contained in sub-section (1) or sub-section (2) shall affect any time limit for payment of wages provided in any other law for the time being in force18 (1) notwithstanding anything contained in any other law for the time being in force, there shall be no deductions from the wages of the employee, except those as are authorised under this codedeductions which may be made from wages5explanation––for the purposes of this sub-section,—(a) any payment made by an employee to the employer or his agent shall be deemed to be a deduction from his wages;10(b) any loss of wages to an employee, for a good and sufficient cause, resulting from—(i) the withholding of increment or promotion, including the stoppage ofan increment; or(ii) the reduction to a lower post or time-scale; or (iii) the suspension,15shall not be deemed to be a deduction from wages in a case where the provisions made by the employer for such purposes are satisfying the requirements specified in the notification issued by the appropriate government in this behalf(2) deductions from the wages of an employee shall be made in accordance with the provisions of this code, and may be only for the following purposes, namely:—(a) fines imposed on him;20(b) deductions for his absence from duty; (c) deductions for damage to or loss of goods expressly entrusted to the employeefor custody; or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default;25(d) deductions for house-accommodation supplied by the employer or by theappropriate government or any housing board set-up under any law for the time being in force, whether the government or such board is the employer or not, or any other authority engaged in the business of subsidising house-accommodation which may be specified in this behalf by the appropriate government by notification;30(e) deductions for such amenities and services supplied by the employer as theappropriate government or any officer specified by it in this behalf may, by general or special order, authorise and such deduction shall not exceed an amount equivalent to the value of such amenities and services35explanation––for the purposes of this clause, the expression "services" does not include the supply of tools and raw materials required for the purposes of employment;(f) deductions for recovery of—40(i) advances of whatever nature (including advances for travelling allowance or conveyance allowance), and the interest due in respect thereof, or for adjustment of overpayment of wages;(ii) loans made from any fund constituted for the welfare of labour, as may be prescribed by the appropriate government, and the interest due in respect thereof;45(g) deductions for recovery of loans granted for house-building or other purposes approved by the appropriate government and the interest due in respect thereof;(h) deductions of income-tax or any other tax levied by the central governmentor the state government and payable by the employee or deductions required to be made by order of a court or other authority competent to make such order;5(i) deductions for subscription to, and for repayment of advances from anysocial security fund or scheme constituted by law including provident fund or pension fund or health insurance scheme or fund known by any other name;(j) deductions for payment of co-operative society subject to such conditions asthe appropriate government may impose;10(k) deductions made, with the written authorisation of the employee, for paymentof the fees and contribution payable by him for the membership of any trade union registered under the trade unions act, 1926;16 of 1926(l) deductions for recovery of losses sustained by an employer on account ofacceptance by the employee of counterfeit or base coins or mutilated or forged currency notes;15(m) deductions for recovery of losses sustained by an employer on account ofthe failure of the employee to invoice, to bill, to collect or to account for the appropriate charges due to the employer whether in respect of fares, freight, demurrage, wharfage and cranage or in respect of sale of food in catering establishments or in respect of commodities in grain shops or otherwise;20(n) deductions for recovery of losses sustained by an employer on account ofany rebates or refunds incorrectly granted by the employee where such loss is directly attributable to his neglect or default;25(o) deductions, made with the written authorisation of the employee, forcontribution to the prime minister's national relief fund or to such other fund as the central government may, by notification, specify(3) notwithstanding anything contained in this code and subject to the provisions of any other law for the time being in force, the total amount of deductions which may be made under sub-section (2) in any wage period from the wages of an employee shall not exceed fifty per cent of such wages30(4) where the total deductions authorised under sub-section (2) exceed fifty per centof the wages, the excess may be recovered in such manner, as may be prescribedfines3519 (1) no fine shall be imposed on any employee save in respect of such acts andomissions on his part as the employer, with the previous approval of the appropriate government or of such authority as may be prescribed, may have specified by notice under sub-section (2)(2) a notice specifying such acts and omissions shall be exhibited in such manner asmay be prescribed, on the premises in which the employment is carried on40(3) no fine shall be imposed on any employee until such employee has been given anopportunity of showing cause against the fine or otherwise than in accordance with such procedure as may be prescribed for the imposition of fines (4) the total amount of fine which may be imposed in any one wage period on anyemployee shall not exceed an amount equal to three per cent of the wages payable to him in respect of that wage period(5) no fine shall be imposed on any employee who is under the age of fifteen years45(6) no fine imposed on any employee shall be recovered from him by instalments orafter the expiry of ninety days from the day on which it was imposed(7) every fine shall be deemed to have been imposed on the day of the act or omissionin respect of which it was imposed(8) all fines and all realisations thereof shall be recorded in a register to be kept in such manner and form as may be prescribed; and all such realisations shall be applied only to such purposes beneficial to the persons employed in the establishment as are approved by the prescribed authority5deductions for absence from duty20 (1) deductions may be made under clause (b) of sub-section (2) of section 18 onlyon account of the absence of an employee from the place or places where by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work10(2) the amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage period for which the deduction is made in a larger proportion than the period for which he was absent bears to the total period within such wage period during which by the terms of his employment he was required to work:15provided that, subject to any rules made in this behalf by the appropriate government, if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice which is required under the terms of their contracts of employment) and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice20explanation––for the purposes of this section, an employee shall be deemed to be absent from the place where he is required to work if, although present in such place, he refuses, in pursuance of a stay-in strike or for any other cause which is not reasonable in the circumstances, to carry out his workdeductions for damage orloss21 (1) a deduction under clause (c) or clause (n) of sub-section (2) of section 18 for damage or loss shall not exceed the amount of the damage or loss caused to the employer by negligence or default of the employee25(2) a deduction shall not be made under sub-section (1) until the employee has been given an opportunity of showing cause against the deduction or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions(3) all such deductions and all realisations thereof shall be recorded in a register to be kept in such form as may be prescribed30deductions for services rendered3522 a deduction under clause (d) or clause (e) of sub-section (2) of section 18 shall not be made from the wages of an employee, unless the house-accommodation amenity or service has been accepted by him as a term of employment or otherwise and such deduction shall not exceed an amount equivalent to the value of the house-accommodation amenity or service supplied and shall be subject to such conditions as the appropriate government may impose23 deductions under clause (f) of sub-section (2) of section 18 for recovery of advances given to an employee shall be subject to the following conditions, namely:—deductions for recovery of advances40(a) recovery of advance of money given to an employee before the employmentbegan shall be made from the first payment of wages to him in respect of a complete wage period but no recovery shall be made of such advances given for travelling expenses;(b) recovery of advance of money given to an employee after the employmentbegan shall be subject to such conditions as may be prescribed;45(c) recovery of advances of wages to an employee not already earned shall besubject to such conditions as may be prescribeddeductions for recovery of loans24 deductions under clause (g) of sub-section (2) of section 18 for recovery of loans granted to an employee, regulating the extent to which such loans may be granted and the rate of interest payable thereon, shall be such as may be prescribed25 the provisions of this chapter shall not apply to the government establishments unless the appropriate government, by notification, applies such provisions to the government establishments specified in the said notificationchapter not to apply to government establishments chapter iv payment of bonus5eligibility for bonus, etc1026 (1) there shall be paid to every employee, drawing wages not exceeding suchamount per mensem as determined by notification by the appropriate government, by his employer, who has put in at least thirty days work in an accounting year, an annual minimum bonus calculated at the rate of eight and one third per cent of the wages earned by the employee or one hundred rupees, whichever is higher whether or not the employer has any allocable surplus during the previous accounting year15(2) for the purpose of calculation of the bonus where the wages of the employee exceeds such amount per mensem, as determined by notification, by the appropriate government, the bonus payable to such employee under sub-sections (1) and (3) shall be calculated as if his wage were such amount, so determined by the appropriate government or the minimum wage fixed by the appropriate government, whichever is higher20(3) where in respect of any accounting year referred to in sub-section (1), the allocable surplus exceeds the amount of minimum bonus payable to the employees under that subsection, the employer shall, in lieu of such minimum bonus, be bound to pay to every employee in respect of that accounting year, bonus which shall be an amount in proportion to the wages earned by the employee during the accounting year, subject to a maximum of twenty per cent of such wages25(4) in computing the allocable surplus under this section, the amount set on or the amount set off under the provisions of section 36 shall be taken into account in accordance with the provisions of that section30(5) any demand for bonus in excess of the bonus referred to in sub-section (1), either on the basis of production or productivity in an accounting year for which the bonus is payable shall be determined by an agreement or settlement between the employer and the employees, subject to the condition that the total bonus including the annual minimum bonus referred to in sub-section (1) shall not exceed twenty per cent of the wages earned by the employee in the accounting year35(6) in the first five accounting years following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, bonus shall be payable only in respect of the accounting year in which the employer derives profit from such establishment and such bonus shall be calculated in accordance with the provisions of this code in relation to that year, but without applying the provisions of section 3640(7) for the sixth and seventh accounting years following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, the provisions of section 36 shall apply subject to the following modifications, namely:—(i) for the sixth accounting year set on or set off, as the case may be, shall be made in the manner illustrated in the first schedule taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth and sixth accounting years;45(ii) for the seventh accounting year set on or set off, as the case may be, shall be made in the manner illustrated in the first schedule taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth, sixth and seventh accounting years(8) from the eighth accounting year following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, the provisions of section 36 shall apply in relation to such establishment as they apply in relation to any other establishment5explanation 1—for the purpose of sub-section (6), an employer shall not be deemedto have derived profit in any accounting year, unless—(a) he has made provision for depreciation of that year to which he is entitled under the income-tax act or, as the case may be, under the agricultural income tax law; and10(b) the arrears of such depreciation and losses incurred by him in respect of theestablishment for the previous accounting years have been fully set off against his profits15explanation 2—for the purposes of sub-sections (6), (7) and (8), sale of the goods produced or manufactured during the course of the trial running of any factory or of the prospecting stage of any mine or an oil-field shall not be taken into consideration and where any question arises with regard to such production or manufacture, the appropriate government may, after giving the parties a reasonable opportunity of representing the case, decide upon the issue20(9) the provisions of sub-sections (6), (7) and (8) shall, so far as may be, apply to new departments or undertakings or branches set-up by existing establishmentsproportionate reduction in bonus in certain cases27 where an employee has not worked for all the working days in an accounting year, the minimum bonus under sub-section (1) of section 26, if such bonus is higher than eight and one third per cent of the salary or wage of the days such employee has worked in that accounting year, shall be proportionately reduced2528 for the purposes of section 27, an employee shall be deemed to have worked in anestablishment in any accounting year also on the days on which,—computation of number of working days20 of 1946 14 of 1947(a) he has been laid off under an agreement or as permitted by standing ordersunder the industrial employment (standing orders) act, 1946, or under the industrial disputes act, 1947, or under any other law applicable to the establishment;30(b) he has been on leave with salary or wages;(c) he has been absent due to temporary disablement caused by accident arisingout of and in the course of his employment; and(d) the employee has been on maternity leave with salary or wages, during theaccounting year35disqualification for bonus29 notwithstanding anything contained in this code, an employee shall be disqualifiedfrom receiving bonus under this code, if he is dismissed from service for—(a) fraud; or (b) riotous or violent behaviour while on the premises of the establishment; or (c) theft, misappropriation or sabotage of any property of the establishment; or40(d) conviction for sexual harassment30 where an establishment consists of different departments or undertakings or has branches, whether situated in the same place or in different places, all such departments or undertakings or branches shall be treated as parts of the same establishment for the purpose of computation of bonus under this code:establishments to include departments, undertakings and branches45provided that where for any accounting year a separate balance-sheet and profit andloss account are prepared and maintained in respect of any such department or undertaking5or branch, then, such department or undertaking or branch shall be treated as a separate establishment for the purpose of computation of bonus, under this code for that year, unless such department or undertaking or branch was, immediately before the commencement of that accounting year treated as part of the establishment for the purpose of computation of bonuspayment of bonus out of allocable surplus31 (1) the bonus shall be paid out of the allocable surplus which shall be an amountequal to sixty per cent in case of a banking company and sixty-seven per cent in case of other establishment, of the available surplus and the available surplus shall be the amount calculated in accordance with section 3310(2) audited accounts of companies shall not normally be questioned (3) where there is any dispute regarding the quantum of bonus, the authority notified by the appropriate government having jurisdiction may call upon the employer to produce the balance-sheet before it, but the authority shall not disclose any information contained in the balance-sheet unless agreed to by the employer1532 the gross profits derived by an employer from an establishment in respect of theaccounting year shall,—computation of gross profits (a) in the case of a banking company, be calculated in the manner specified in the second schedule;(b) in any other case, be calculated in the manner specified in the third schedule2033 the available surplus in respect of any accounting year shall be the gross profitsfor that year after deducting therefrom the sums referred to in section 34:computation of available surplusprovided that the available surplus in respect of the accounting year commencing on any day in a year after the commencement of this code and in respect of every subsequent accounting year shall be the aggregate of—25(a) the gross profits for that accounting year after deducting therefrom the sumsreferred to in section 34; and(b) an amount equal to the difference between—30(i) the direct tax, calculated in accordance with the provisions of section 35,in respect of an amount equal to the gross profits of the employer for the immediately preceding accounting year; and(ii) the direct tax, calculated in accordance with provisions of section 35, in respect of an amount equal to the gross profits of the employer for such preceding accounting year after deducting there from the amount of bonus which the employer has paid or is liable to pay to his employees in accordance with the provisions of this code for that year3534 the following sums shall be deducted from the gross profits as prior charges, namely:—sums deductible from gross profits40(a) any amount by way of depreciation admissible in accordance with theprovisions of sub-section (1) of section 32 of the income-tax act or in accordance with the provisions of the agricultural income tax law, for the time being in force, as the case may be:45 provided that where an employer has been paying bonus to his employeesunder a settlement or an award or agreement made before the 29th may, 1965, and subsisting on that date after deducting from the gross profits notional normal depreciation, then, the amount of depreciation to be deducted under this clause shall, at the option of such employer, which is to be exercised once and within one year from that date, continue to be such notional normal depreciation;(b) any amount by way of development rebate or investment allowance or development allowance which the employer is entitled to deduct from his income under the income-tax act;5(c) subject to the provisions of section 35, any direct tax which the employer isliable to pay for the accounting year in respect of his income, profits and gains during that year;(d) such further sums as are specified in respect of the employer in the fourth schedule1035 any direct tax payable by the employer for any accounting year shall, subject to the following provisions, be calculated at the rates applicable to the income of the employer for that year, namely:—calculation of direct tax payable by employer(a) in calculating such tax no account shall be taken of,—15(i) any loss incurred by the employer in respect of any previous accounting year and carried forward under any law for the time being in force relating to direct taxes;(ii) any arrears of depreciation which the employer is entitled to add to the amount of the allowance for depreciation for any succeeding accounting year or years under sub-section (2) of section 32 of the income-tax act;2010 of 1965(iii) any exemption conferred on the employer under section 84 of the income-tax act or of any deduction to which he is entitled under sub-section (1)of section 101 of that act, as in force immediately before the commencement of the finance act, 1965;25(b) where the employer is a religious or a charitable institution to which the provisions of section 41 do not apply and the whole or any part of its income is exempt from the tax under the income-tax act, then, with respect to the income so exempted, such institution shall be treated as if it were a company in which the public are substantially interested within the meaning of that act;(c) where the employer is an individual or a hindu undivided family, the tax payable by such employer under the income-tax act shall be calculated on the basis that the income derived by him from the establishment is his only income;30(d) where the income of any employer includes any profits and gains derived from the export of any goods or merchandise out of india and any rebate on such income is allowed under any law for the time being in force relating to direct taxes, then, no account shall be taken of such rebate;35(e) no account shall be taken of any rebate other than development rebate orinvestment allowance or development allowance or credit or relief or deduction (not hereinbefore mentioned in this section) in the payment of any direct tax allowed under any law for the time being in force relating to direct taxes or under the relevant annual finance act, for the development of any industry40set on and set off of allocable surplus4536 (1) where for any accounting year, the allocable surplus exceeds the amount ofmaximum bonus payable to the employees in the establishment under section 26, then, the excess shall, subject to a limit of twenty per cent of the total salary or wage of the employees employed in the establishment in that accounting year, be carried forward for being set on in the succeeding accounting year and so on up to and inclusive of the fourth accounting year to be utilised for the purpose of payment of bonus in the manner illustrated in the first schedule(2) where for any accounting year, there is no available surplus or the allocablesurplus in respect of that year falls short of the amount of minimum bonus payable to the employees in the establishment under section 26, and there is no amount or sufficient amount5carried forward and set on under sub-section (1) which could be utilised for the purpose of payment of the minimum bonus, then, such minimum amount or the deficiency, as the case may be, shall be carried forward for being set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year in the manner illustrated in the first schedule(3) the principle of set on and set off as illustrated in the first schedule shall apply to all other cases not covered by sub-section (1) or sub-section (2) for the purpose of payment of bonus under this code10(4) where in any accounting year any amount has been carried forward and set on or set off under this section, then, in calculating bonus for the succeeding accounting year, the amount of set on or set off carried forward from the earliest accounting year shall first be taken into account37 where in any accounting year,—(a) an employer has paid any puja bonus or other customary bonus to employee; or15adjustment of customary or interim bonus against bonus payable under this code(b) an employer has paid a part of the bonus payable under this code to anemployee before the date on which such bonus becomes payable,then, the employer shall be entitled to deduct the amount of bonus so paid from the amount of bonus payable by him to the employee under this code in respect of that accounting year and the employee shall be entitled to receive only the balance20deduction of certain amounts from bonus payable38 where in any accounting year, an employee is found guilty of misconduct causingfinancial loss to the employer, then, it shall be lawful for the employer to deduct the amount of loss from the amount of bonus payable by him to the employee under this code in respect of that accounting year only and the employee shall be entitled to receive the balance, if any25time limit for payment of bonus39 (1) all amounts payable to an employee by way of bonus under this code shall bepaid by crediting it in the bank account of the employee by his employer within a period of eight months from the close of the accounting year:30provided that the appropriate government or such authority as the appropriate government may specify in this behalf may, upon an application made to it by the employer and for sufficient reasons, by order, extend the said period of eight months to such further period or periods as it thinks fit; so, however, that the total period so extended shall not in any case exceed two years35(2) notwithstanding anything contained in sub-section (1), where there is a disputeregarding payment of bonus pending before any authority, such bonus shall be paid, within a period of one month from the date on which the award becomes enforceable or the settlement comes into operation, in respect of such dispute: provided that if, there is a dispute for payment at the higher rate, the employer shall pay eight and one third per cent of the wages earned by the employee as per the provisions of this code within a period of eight months from the close of the accounting year40application of this chapter to establishments in public sector in certain cases40 (1) if in any accounting year an establishment in public sector sells any goodsproduced or manufactured by it or renders any services, in competition with an establishment in private sector, and the income from such sale or services or both, is not less than twenty per cent of the gross income of the establishment in public sector for that year, then, the provisions of this chapter shall apply in relation to such establishment in public sector as they apply in relation to a like establishment in private sector45(2) save as otherwise provided in sub-section (1), nothing in this chapter shall apply to the employees employed by any establishment in public sector41 (1) nothing in this chapter shall apply to—(a) employees employed by the life insurance corporation of india;nonapplicability of this chapter44 of 1958(b) seamen as defined in clause (42) of section 3 of the merchant shipping act, 1958;9 of 19485(c) employees registered or listed under any scheme made under the dockworkers (regulation of employment) act, 1948, and employed by registered or listed employers;(d) employees employed by an establishment under the authority of any department of the central government or a state government or a local authority;10(e) employees employed by—(i) the indian red cross society or any other institution of a like natureincluding its branches;(ii) universities and other educational institutions; (iii) institutions including hospitals, chamber of commerce and socialwelfare institutions established not for purposes of profit;15(f) employees employed by the reserve bank of india; (g) employees employed by public sector financial institution other than a banking company, which the central government may, by notification, specify, having regard to—(i) its capital structure;20(ii) its objectives and the nature of its activities; (iii) the nature and extent of financial assistance or any concession givento it by the government; and(iv) any other relevant factor;25(h) employees employed by inland water transport establishments operating onroutes passing through any other country; and(i) employees of any other establishment which the appropriate government may, by notification, exempt having regard to the overall benefits under any other scheme of profit sharing available in such establishments to the employees30 (2) subject to the provisions of sub-section (1) and notwithstanding anything contained in any other provisions of this chapter, the provisions of this chapter shall apply to such establishment in which twenty or more persons are employed or were employed on any day during an accounting year chapter v advisory board3542 (1) the central government shall constitute the central advisory board which shall consist of persons to be nominated by the central government—(a) representing employers;central advisory board and state advisory boards40(b) representing employees which shall be equal in number of the membersspecified in clause (a); and(c) independent persons, not exceeding one-third of the total members of theboard(2) one-third of the members referred to in sub-section (1) shall be women and a member specified in clause (c) of the said sub-section shall be appointed by the central government as the chairperson of the board5(3) the central advisory board constituted under sub-section (1) shall from time to time advise the central government on reference of issues relating to—(a) fixation or revision of minimum wages and other connected matters; (b) providing increasing employment opportunities for women; (c) the extent to which women may be employed in such establishments or employments as the central government may, by notification, specify in this behalf; and10(d) any other matter relating to this code, and on such advice the central government may issue directions to the state government as it deems fit in respect of matters relating to issues referred to the board15(4) every state government shall constitute a state advisory board for advising the state government—(a) in fixation or revision of minimum wages and other connected matters; (b) for the purpose of providing increasing employment opportunities for women; (c) with regard to the extent to which women may be employed in such establishments or employments as the state government may, by notification, specify in this behalf; and20(d) in any other matter relating to this code, which the state government may refer from time to time to the board (5) the state advisory board may constitute one or more committees or sub-committees to look into issues pertaining to matters specified in clauses (a) to (d) of sub-section (4)25(6) the state advisory board and each of the committees and sub-committees thereof shall consist of persons—(a) representing employers; (b) representing employees which shall be equal in number of the members specified in clause (a); and30(c) independent persons, not exceeding one-third of the total members of the board or committee or sub-committee, as the case may be (7) one-third of the members referred to in sub-section (6) shall be women and one among the members specified in clause (c) of the said sub-section shall—(a) be appointed by the state government as the chairperson of the board;35(b) be appointed by the state advisory board as the chairperson of the committee or sub-committee, as the case may be40(8) in tendering its advice in the matters specified in clause (b) or clause (c) of subsection (4), the state advisory board shall have regard to the number of women employed in the concerned establishment, or employment, the nature of work, hours of work, suitability of women for employment, as the case may be, the need for providing increasing employment opportunities for women, including part time employment, and such other relevant factors as the board may think fit45(9) the state government may, after considering the advice tendered to it by the state advisory board and after inviting and considering the representations from establishment or employees or any other person which that government thinks fit, issue such direction as may be deemed necessary(10) the central advisory board referred to in sub-section (1) and the state advisory board referred to in sub-section (4) shall respectively regulate their own procedure including that of the committees and sub-committees constituted by the state advisory board, in such manner as may be prescribed5(11) the terms of office of the central advisory board referred to in sub-section (1)and the state advisory board referred to in sub-section (4) including that of the committees and sub-committees constituted by the state advisory board, shall be such as may be prescribed chapter vi payment of dues, claims and audit1043 every employer shall pay all amounts required to be paid under this code to every employee employed by him:responsibilityfor paymentof various duesprovided that where such employer fails to make such payment in accordance with this code, then, the company or firm or association or any other person who is the proprietor of the establishment, in which the employee is employed, shall be responsible for such payment159 of 1932explanation—for the purposes of this section the expression "firm" shall have the same meaning as assigned to it in the indian partnership act, 193244 (1) subject to the other provisions of this code, all amounts payable to an employee under this code shall, if such amounts could not or cannot be paid on account of his death before payment or on account of his whereabouts not being known,—20payment of various undisbursed dues in case of death of employee(a) be paid to the person nominated by him in this behalf in accordance with the rules made under this code; or25(b) where no such nomination has been made or where for any reasons such amounts cannot be paid to the person so nominated, be deposited with such authority, as may be prescribed, who shall deal with the amounts so deposited in the manner as may be prescribed (2) where in accordance with the provisions of sub-section (1), all amounts payable to an employee under this code—(a) are paid by the employer to the person nominated by the employee; or30(b) are deposited by the employer with the authority referred to in clause (b) of sub-section (1), then, the employer shall be discharged of his liability to pay those amounts45 (1) the appropriate government may, by notification, appoint one or more authorities, not below the rank of a gazetted officer, to hear and determine the claims which arises under the provisions of this code35claims under code and procedure thereof(2) the authority appointed under sub-section (1), while deciding the claim under that sub-section, may order, having regard to the circumstances under which the claim arises, the payment of compensation in addition to the claim determined, which may extend to ten times of the claim determined and endeavour shall be made by the authority to decide the claim within a period of three months40 45(3) if an employer fails to pay the claim determined and compensation ordered to be paid under sub-section (2), the authority shall issue a certificate of recovery to the collector or district magistrate of the district where the establishment is located who shall recover the same as arrears of land revenue and remit the same to the authority for payment to the concerned employee(4) any application before the authority for claim referred to in sub-section (1) may be filed by,—(a) the employee concerned; or16 of 19265(b) any trade union registered under the trade unions act, 1926 of which the employee is a member; or(c) the facilitator(5) subject to such rules as may be made, a single application may be filed under this section on behalf or in respect of any number of employees employed in an establishment10(6) the application under sub-section (4) may be filed within a period of three years from the date on which claims referred to in sub-section (1) arises:provided that the authority referred to in sub-section (1) may, entertain the application after three years on sufficient cause being shown by the applicant for such delay5 of 1908152 of 1974(7) the authority appointed under sub-section (1) and the appellate authority appointed under sub-section (1) of section 49, shall have all the powers of a civil court under the code of civil procedure, 1908, for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority or appellate authority shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 19732046 notwithstanding anything contained in this code, where any dispute arises between an employer and his employees with respect to—reference of disputes under this code (a) fixation of bonus or eligibility for payment of bonus under the provisions of this code; or (b) the application of this code, in respect of bonus, to an establishment in public sector,2514 of 1947then, such dispute shall be deemed to be an industrial dispute within the meaning of the industrial disputes act, 194747 (1) where, during the course of proceedings before— (a) the authority under section 45; or (b) the appellate authority under section 49; or30 (c) a tribunal; or (d) an arbitrator referred to in clause (aa) of section 2 of the industrial disputes act, 1947,presumption about accuracy of balance-sheet and profit and loss account of corporations and companies14 of 19473518 of 201340in respect of any dispute of the nature specified in sections 45 and 46 or in respect of an appeal under section 49, the balance-sheet and the profit and loss account of an employer, being a corporation or a company (other than a banking company), duly audited by the comptroller and auditor-general of india or by auditors duly qualified to act as auditors of companies under section 141 of the companies act, 2013, are produced before it, then, the said authority, appellate authority, tribunal or arbitrator, as the case may be, may presume the statements and particulars contained in such balance-sheet and profit and loss account to be accurate and it shall not be necessary for the corporation or the company to prove the accuracy of such statements and particulars by the filing of an affidavit or by any other mode:45provided that where the said authority, appellate authority, tribunal or arbitrator, as the case may be, is satisfied that the statements and particulars contained in the balance-sheet or the profit and loss account of the corporation or the company are not accurate, it may take such steps as it thinks necessary to find out the accuracy of such statements and particulars510(2) when an application is made to the authority, appellate authority, tribunal or arbitrator, as the case may be, referred to in sub-section (1), by any trade union being a party to the dispute or as the case may be, an appeal, and where there is no trade union, by the employees being a party to the dispute, or as the case may be, an appeal, requiring any clarification relating to any item in the balance-sheet or the profit and loss account, then such authority, appellate authority, tribunal or arbitrator, may, after satisfying itself that such clarification is necessary, by order, direct the corporation or, as the case may be, the company, to furnish to the trade union or the employees such clarification within such time as may be specified in the direction and the corporation or, as the case may be, the company, shall comply with such directionaudit of accounts of employers,not beingcorporations or companies1518 of 201348 (1) where any claim, dispute or appeal with respect to bonus payable under this code between an employer, not being a corporation or a company, and his employees is pending before any authority, appellate authority, tribunal or arbitrator, as the case may be, as referred to in sub-section (1) of section 47 and the accounts of such employer audited by any auditor duly qualified to act as auditor of companies under the provisions of section 141 of the companies act, 2013, are produced before such authority, appellate authority, tribunal or arbitrator, then the provisions of section 47 shall, so far as may be, apply to the accounts so audited20 25(2) when the authority, appellate authority, tribunal or arbitrator, referred to in subsection (1), as the case may be, finds that the accounts of such employer have not been audited by any such auditor and it is of opinion that an audit of the accounts of such employer is necessary for deciding the question referred to it, then, such authority, appellate authority, tribunal or arbitrator, may, by order, direct the employer to get his accounts audited within such time as may be specified in the direction or within such further time as it may allow by such auditor or auditors as it thinks fit and thereupon the employer shall comply with such direction30(3) where an employer fails to get the accounts audited under sub-section (2) the authority, appellate authority, tribunal or arbitrator, referred to in sub-section (1), as the case may be, may, without prejudice to the provisions of section 54, get the accounts audited by such auditor or auditors as it thinks fit(4) when the accounts are audited under sub-section (2) or sub-section (3), the provisions of section 47 shall, so far as may be, apply to the accounts so audited35(5) the expenses of, and incidental to, any audit under sub-section (3) including the remuneration of the auditor or auditors shall be determined by the authority, appellate authority, tribunal or arbitrator, referred to in sub-section (1), as the case may be, and paid by the employer and in default of such payment shall be recoverable by the authority referred to in sub-section (3) of section 45 from the employer in the manner provided in that sub-sectionappeal4049 (1) any person aggrieved by an order passed by the authority under sub-section (2)of section 45 may prefer an appeal, to the appellate authority having jurisdiction appointed by the appropriate government, by notification, for such purpose, within ninety days from the date of such order, in such form and manner as may be prescribed: provided that the appellate authority may entertain the appeal after ninety days if it satisfied that the delay in filing the appeal has occurred due to sufficient cause45(2) the appellate authority shall be appointed from the officers of the appropriate government holding the post at least one rank higher than the authority referred under sub-section (1) of section 45(3) the appellate authority shall, after hearing the parties in the appeal, dispose of the appeal and endeavour shall be made to dispose of the appeal within a period of three months50(4) the outstanding dues under the orders of the appellate authority shall be recovered by the authority referred to in section 45, by issuing the certificate of recovery in the manner specified in sub-section (3) of that sectionrecords, returns and notices50 (1) every employer of an establishment to which this code applies shall maintain a register containing the details with regard to persons employed, muster roll, wages, and such other details in such manner as may be prescribed5(2) every employer shall display a notice on the notice board at a prominent place of the establishment containing the abstract of this code, category-wise wage rates of employees, wage period, day or date and time of payment of wages, and the name and address of the facilitator having jurisdiction(3) every employer shall issue wage slips to the employees in such form and manner as may be prescribed10(4) the provisions of sub-sections (1) to (3) shall not apply in respect of the employer to the extent he employs not more than five persons for agriculture or domestic purpose:provided that such employer, when demanded, shall produce before the facilitator, the reasonable proof of the payment of wages to the persons so employed15explanation—for the purposes of this sub-section, the expression "domestic purpose"means the purpose exclusively relating to the home or family affairs of the employer and does not include any affair relating to any establishment, industry, trade, business, manufacture or occupation chapter vii facilitator20appointment of facilitators and their powers51 (1) the appropriate government may, by notification, appoint facilitators who shall exercise the powers conferred on them under sub-section (4) throughout the state or such geographical limits assigned to them, in relation to establishments situated in such state or geographical limits, as the case may be25(2) the appropriate government may, by notification, lay down an inspection scheme which shall also provide for generation of a web-based inspection schedule45 of 1860(3) every facilitator appointed under sub-section (1) shall be deemed to be public servant within the meaning of section 21 of the indian penal code(4) the facilitator may, within the local limits of his jurisdiction—30(a) supply information and advice to employers and workers concerning the most effective means of complying with the provisions of this code;(b) inspect the establishment based on inspection scheme referred to in sub-section (2) (5) subject to the provisions of sub-section (4), the facilitator may,—35(a) examine any person who is found in any premises of the establishment,whom the facilitator has reasonable cause to believe, is a worker of the establishment;(b) require any person to give any information, which is in his power to give with respect to the names and addresses of the persons;40(c) search, seize or take copies of such register, record of wages or notices or portions thereof as the facilitator may consider relevant in respect of an offence under this code and which the facilitator has reason to believe has been committed by the employer;(d) bring to the notice of the appropriate government defects or abuses not covered by any law for the time being in force; and(e) exercise such other powers as may be prescribed45 of 1860(6) any person required to produce any document or to give any information required by a facilitator under sub-section (5) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the indian penal code2 of 19745(7) the provisions of the code of criminal procedure, 1973 shall, so far as may be,apply to the search or seizure under sub-section (5) as they apply to the search or seizuremade under the authority of a warrant issued under section 94 of the said code chapter viii offences and penaltiescognizance of offences1016 of 192652 (1) no court shall take cognizance of any offence punishable under this code,save on a complaint made by or under the authority of the appropriate government or an officer authorised in this behalf, or by an employee or a registered trade union registered under the trade unions act, 1926 or a facilitator2 of 197415(2) notwithstanding anything contained in the code of criminal procedure, 1973, nocourt inferior to that of a metropolitan magistrate or judicial magistrate of the first class shall try the offences under this code53 (1) any employer who—penalties for offences(a) pays to any employee less than the amount due to such employee under theprovisions of this code shall be punishable with fine which may extend to fifty thousand rupees;20(b) having been convicted of an offence under clause (a) is again found guilty ofsimilar offence under this clause, within five years from the date of the commission of the first or subsequent offence, he shall, on the second and the subsequent commission of the offence, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one lakh rupees, or with both;25(c) contravenes any other provision of this code or any rule made or order madeor issued thereunder shall be punishable with fine which may extend to twenty thousand rupees;30(d) having been convicted of an offence under clause (c) is again found guilty ofsimilar offence under this clause, within five years from the date of the commission of the first or subsequent offence, he shall, on the second and the subsequent commission of the offence under this clause, be punishable with imprisonment for a term whichmay extend to one month or with fine which may extend to forty thousand rupees, or with both35(2) notwithstanding anything contained in sub-section (1), for the offences of nonmaintenance or improper maintenance of records in the establishment, the employer shall be punishable with fine which may extend to ten thousand rupees40 45(3) notwithstanding anything contained in clause (c) of sub-section (1) or sub-section (2), the facilitator shall, before initiation of prosecution proceeding for the offences under the said clause or sub-section, give an opportunity to the employer to comply with the provisions of this code by way of a written direction, which shall lay down a time period for such compliance, and, if the employer complies with the direction within such period, the facilitator shall not initiate such prosecution proceeding and, no such opportunity shall be accorded to an employer, if the violation of the same nature of the provisions under this code is repeated within a period of five years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with the provisions of this codeoffences by companies54 (1) if the person committing an offence under this code is a company, every person who, at the time the offence was committed was in charge of, and was responsible to the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence510(2) notwithstanding anything contained in sub-section (1), where an offence under this code has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purposes of this section,—(a) "company" means anybody corporate and includes—(i) a firm; or156 of 2009(ii) a limited liability partnership registered under the limited liability partnership act, 2008; or(iii) other association of individuals; and(b) "director" in relation to a firm means a partner in the firmcomposition of offences2 of 19742055 (1) notwithstanding anything contained in the code of criminal procedure, 1973, any offence punishable under this code, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a gazetted officer, as the appropriate government may, by notification, specify, for a sum of fifty per cent of the maximum fine provided for such offence, in the manner as may be prescribed25(2) nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of five years from the date—(i) of commission of a similar offence which was earlier compounded; (ii) of commission of similar offence for which such person was earlier convicted30(3) every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the appropriate government(4) every application for the compounding of an offence shall be made in such manner as may be prescribed(5) where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded35(6) where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1) in writing, to the notice of the court in which the prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged40(7) any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to twenty per cent of the maximum fine provided for the offence, in addition to such fine45(8) no offence punishable under the provisions of this code shall be compounded except under and in accordance with the provisions of this section chapter ix miscellaneousbar of suits56 no court shall entertain any suit for the recovery of minimum wages, any deductionfrom wages, discrimination in wages and payment of bonus, in so far as the sum so claimed—(a) forms the subject of claims under section 45;5(b) has formed the subject of a direction under this code; or (c) has been adjudged in any proceeding under this code;(d) could have been recovered under this code10protection of action takenin good faith57 no suit, prosecution or any other legal proceeding shall lie against the appropriategovernment or any officer of that government for anything which is in good faith done or intended to be done under this codeburden of proof1558 where a claim has been filed on account of non-payment of remuneration or bonusor less payment of wages or bonus or on account of making deductions not authorised by this code from the wages of an employee, the burden to prove that the said dues have been paid shall be on the employercontracting out59 any contract or agreement whereby an employee relinquishes the right to anyamount or the right to bonus due to him under this code shall be null and void in so far as it purports to remove or reduce the liability of any person to pay such amount under this code2060 the provisions of this code shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in force or in the terms of any award, agreement, settlement or contract of serviceeffect of laws, agreements, etc inconsistent with this code delegation of powers2561 the appropriate government may, by notification, direct that any power exercisableby it under this code shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be also exercisable—(a) where the appropriate government is the central government, by such officeror authority subordinate to the central government or by the state government or bysuch officer or authority subordinate to the state government, as may be specified in the notification;30(b) where the appropriate government is a state government, by such officer orauthority subordinate to the state government as may be specified in the notification35exemption of employer from liability in certain cases62 where an employer is charged with an offence under this code, he shall be entitledupon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the court—(a) that he has used due diligence to enforce the execution of this code; and (b) that the said other person committed the offence in question without hisknowledge, consent or connivance,40that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be discharged from any liability under this code in respect of such offence:provided that in seeking to prove, as aforesaid, the employer may be examined on oath, and the evidence of the employer or his witness, if any, shall be subject to cross-examinationby or on behalf of the person whom the employer charges as the actual offender and by the prosecution5protection against attachment of assets of employer with government63 any amount deposited with the appropriate government by an employer to securethe due performance of a contract with that government and any other amount due to such employer from that government in respect of such contract shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the employer other than any debt or liability incurred by the employer towards any employee employed in connection with the contract aforesaid1064 the central government may, for carrying into execution of the provisions of thiscode in the state give directions to the state government, and the state government shall abide by such directionspower of central government to give directions savings42 of 2005 46 of 194865 nothing contained in this code shall be deemed to affect the provisions of themahatma gandhi national rural employment guarantee act, 2005 and the coal mines provident fund and bonus schemes act, 1948, or of any scheme made thereunder1566 (1) the appropriate government may, subject to the condition of previouspublication, make rules for carrying out the provisions of this codepower of appropriate government to make rules(2) in particular and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—(a) the manner of calculating the wages under sub-section (4) of section 6;20(b) the cases and circumstances in which an employee employed for a period ofless than the requisite number of hours shall not be entitled to receive wages for a full normal working day, under section 10;(c) the extent and conditions, which shall apply in relation to certain classes ofemployees under sub-section (2) of section 13;25(d) the longer wage period for fixation of minimum rate of wages as referred insection 14;(e) the manner of deducting loans made from any fund constituted for the welfareof labour under sub-clause (ii) of clause (f) of sub-section (2) of section 18;30(f) the manner of recovery of excess of amount under sub-section (4) ofsection 18;(g) the authority to provide approval for imposition of fine under sub-section (1)of section 19;(h) the manner of exhibition of the acts and omissions to be specified in thenotice under sub-section (2) of section 19;(i) the procedure for the imposition of fines under sub-section (3) of section 19;35(j) the form of the register to record all fines and all realisations thereof under sub-section (8) of section 19;(k) the procedure for making deductions for absence from duty under sub-section (2) of section 20;40(l) the procedure for making deductions for damage or loss under sub-section (2)of section 21;(m) the form of the register to record all deductions and all realisations thereof under sub-section (3) of section 21;45(n) conditions for recovery of advance of money given to an employee after the employment began under clause (b) of section 23;(o) conditions for recovery of advances of wages to an employee not already earned under clause (c) of section 23;(p) deductions for recovery of loans and the rate of interest payable thereonunder section 24;5(q) manner of regulating the procedure by the central advisory board and thestate advisory board, including that of the committees and sub-committees constituted by the state advisory board, under sub-section (10) of section 42;(r) the terms of office of members of the central advisory board, the stateadvisory board, including that the committees and sub-committees constitutes by the state advisory board, under sub-section (11) of section 42;10(s) the authority and manner of depositing with such authority, variousundisbursed dues under clause (b) of sub-section (1) of section 44;(t) form of single application in respect of a number of employees under subsection (5) of section 45;15(u) form for making an appeal to the appellate authority under sub-section (1) ofsection 49;(v) the manner of maintenance of a register by the employer under sub-section (1)of section 50;(w) the form and manner of issuing wage slips under sub-section (3) ofsection 50;20(x) the other powers to be exercised by the facilitators under sub-section (5) ofsection 51;(y) the manner of imposing fine under sub-section (1) of section 55;(z) the manner of composition of offence by a gazetted officer specified undersub-section (4) of section 55;25(za) any other matter which is required to be, or may be, prescribed under theprovisions of this code3035(3) every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions as aforesaid, both houses agree in making any modification in the rule or both houses agree that rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or amendment shall be without prejudice to the validity of anything previously done under that rule(4) every rule made by the state government under this section shall, as soon as possible after it is made, be laid before the state legislature40power to remove difficulties67 (1) if any difficulty arises in giving effect to the provisions of this code, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this code, as may appear to be necessary for removing the difficulty:provided that no such order shall be made under this section after the expiry ofa period of two years from the commencement of this code(2) every order made under this section shall be laid, as soon as may be after it is made,repeal and savings68 (1) the payment of wages act, 1936, the minimum wages act, 1948, the paymentof bonus act, 1965 and the equal remuneration act, 1976 are hereby repealed4 of 1936 11 of 1948 21 of 1965 25 of 19765(2) notwithstanding such repeal, anything done or any action taken under the enactments so repealed including any notification, nomination, appointment, order or direction made thereunder or any amount of wages provided in any provision of such enactments for any purpose shall be deemed to have been done or taken or provided for such purpose under the corresponding provisions of this code and shall be in force to the extent they are not contrary to the provisions of this code till they are repealed under the corresponding provisions of this code or by the notification to that effect by the central government1010 of 1897(3) without prejudice to the provisions of sub-section (2), the provisions of section 6of the general clauses act, 1897 shall apply to the repeal of such enactments the first schedule [see sections 26 (7) and 36]in this schedule, the total amount of bonus equal to eight and one-third per cent of the annual wages payable to all the employees is assumed to be rs 1,04,167 accordingly, the maximum bonus to which all the employees are entitled to be paid (twenty per cent of the annual wages of all the employees) would be rs 2,50,000\| year \| amount equal to \| amount payable as \| set on or set \| total set on or \|\|-------------------------\|---------------------\|--------------------------\|-----------------\|-------------------\|\| sixty per cent or \| bonus \| off of the year \| set off carried \| \|\| sixty-seven per \| carried forward \| forward \| \| \|\| cent as the case \| \| \| \| \|\| may be, of \| \| \| \| \|\| available surplus \| \| \| \| \|\| allocable as bonus \| \| \| \| \|\| rs \| rs \| rs \| rs \| of \|\| (year) \| \| \| \| \|\| 1 \| 1,04,167 \| 1,04,167 \| nil \| nil \|\| 2 \| 6,35,000 \| 2,50,000 \| set on \| set on \|\| 2,50,000 \| 2,50,000 \| \| \| \|\| 3 \| 2,20,000 \| 2,50,000 (inclusive of \| nil \| set on 2,20,000 \|\| 30,000 from year-2) \| \| \| \| \|\| 4 \| 3,75,000 \| 2,50,000 \| set on \| set on 2,20,000 \|\| 1,25,000 \| 1,25,000 \| (4) \| \| \|\| 5 \| 1,40,000 \| 2,50,000 (inclusive of \| nil \| set on 1,10,000 \|\| 1,10,000 from year-2) \| 1,25,000 \| (4) \| \| \|\| 6 \| 3,10,000 \| 2,50,000 \| set on 60,000 \| set on nil \|\| 1,25,000 \| (4) \| \| \| \|\| 60,000 \| (6) \| \| \| \|\| 7 \| 1,00,000 \| 2,50,000 (inclusive of \| nil \| set on 35,000 \|\| 1,25,000 from year-4 \| \| \| \| \|\| and 25,000 from year-6) \| \| \| \| \|\| 8 \| nil \| 1,04,167 (inclusive of \| set on 69,167 \| set off \|\| (due to loss) \| 35,000 from year-6) \| 69,167 \| (8) \| \|\| 9 \| 10,000 \| 1,04,167 \| set off 94,167 \| set off \|\| 69,167 \| (8) \| \| \| \|\| 94,167 \| (9) \| \| \| \|\| 10 \| 2,15,000 \| 1,04,167 (after setting \| nil \| set off 52,501 \|\| off 69,167 from year-8 \| \| \| \| \|\| and 41,666 from year-9) \| \| \| \| \|maximum amount admissible minimum amount admissible the balance of rs 1,10,000 set on from year-2 lapses the second schedule [see section 32(a)] computation of gross profitsaccounting year ending—\| item \| particulars \| amount of \| amount of \| remarks \|\|----------------------------------------------------\|-------------------------------------------------\|-------------\|-------------\|-----------\|\| no \| sub-items \| main items \| \| \|\| (in rupees) \| (in rupees) \| \| \| \|\| 1 \| 2 \| 3 \| 4 \| 5 \|\| \| \| \| \| \|\| 1 \| \| \| \| \|\| net profit \| \| \| \| \|\| as shown in the profit and loss account \| \| \| \| \|\| after making usual and necessary provisions \| \| \| \| \|\| 2 \| \| \| \| \|\| add back \| \| \| \| \|\| provision for: \| \| \| \| \|\| \| \| \| \| \|\| ( \| \| \| \| \|\| a \| \| \| \| \|\| ) bonus to employees \| \| \| \| \|\| \| \| \| \| \|\| ( \| \| \| \| \|\| b \| \| \| \| \|\| ) depreciation \| \| \| \| \|\| ( \| \| \| \| \|\| c \| \| \| \| \|\| ) development rebate reserve \| \| \| \| \|\| ( \| \| \| \| \|\| d \| \| \| \| \|\| ) any other reserves \| \| \| \| \|\| total of item no2……… \| \| \| \| \|\| rs \| \| \| \| \|\| 3 \| \| \| \| \|\| add back \| \| \| \| \|\| also: \| \| \| \| \|\| \| \| \| \| \|\| ( \| \| \| \| \|\| a \| \| \| \| \|\| ) bonus paid to employees in respect of previous \| \| \| \| \|\| accounting years \| \| \| \| \|\| ( \| \| \| \| \|\| b \| \| \| \| \|\| ) the amount debited in respect of gratuity paid \| \| \| \| \|\| or payable to employees in excess of the \| \| \| \| \|\| aggregate of— \| \| \| \| \|\| ( \| \| \| \| \|\| i \| \| \| \| \|\| ) \| the amount, if any, paid to, or provided \| \| \| \|\| for payment to, an approved gratuity \| \| \| \| \|\| fund; and \| \| \| \| \|\| ( \| \| \| \| \|\| ii \| \| \| \| \|\| ) the amount actually paid to employees \| \| \| \| \|\| on their retirement or on termination of \| \| \| \| \|\| their employment for any reason \| \| \| \| \|\| ( \| \| \| \| \|\| c \| \| \| \| \|\| ) donations in excess of the amount admissible \| \| \| \| \|\| for income-tax \| \| \| \| \|\| \| \| \| \| \|\| ( \| \| \| \| \|\| d \| \| \| \| \|\| ) capital expenditure (other than capital \| \| \| \| \|\| expenditure on scientific research which is \| \| \| \| \|\| allowed as a deduction under any law for the \| \| \| \| \|\| time being in force relating to direct taxes) \| \| \| \| \|\| and capital losses (other than losses on sale of \| \| \| \| \|\| capital assets on which depreciation has been \| \| \| \| \|\| allowed for income-tax) \| \| \| \| \|\| ( \| \| \| \| \|\| e \| \| \| \| \|\| ) any amount certified by the reserve bank of \| \| \| \| \|\| india in terms of sub-section ( \| \| \| \| \|\| 2 \| \| \| \| \|\| ) of section \| \| \| \| \|\| 34a of the banking regulation act, 1949 (10 \| \| \| \| \|\| of 1949) \| \| \| \| \|\| rs \| \| \| \| \|\| ( \| \| \| \| \|\| f \| \| \| \| \|\| ) \| losses of, or expenditure relating to, any \| \| \| \|\| business situated outside india \| \| \| \| \|\| total of item no3……… \| \| \| \| \|\| 4 \| \| \| \| \|\| add also \| \| \| \| \|\| income, profits or gains (if any) credited \| \| \| \| \|\| directly to published or disclosed reserves, other \| \| \| \| \|\| than— \| \| \| \| \|\| ( \| \| \| \| \|\| i \| \| \| \| \|\| ) \| capital receipts and capital profits (including \| \| \| \|\| profits on the sale of capital assets on which \| \| \| \| \|\| depreciation has not been allowed for income- \| \| \| \| \|\| tax); \| \| \| \| \|\| 1 \| 2 \|\|------------------------------------------------------\|----------------------------------------------------\|\| ( \| \|\| ii \| \|\| ) \| profits of, and receipts relating to, any business \|\| situated outside india; \| \|\| rs \| \|\| ( \| \|\| iii \| \|\| ) income of foreign banking companies from \| \|\| investment outside india \| \|\| net total of item no 4…… \| \|\| rs \| \|\| 5 \| total of item nos1, 2, 3 and 4… \|\| 6 \| \|\| deduct \| \|\| : \| \|\| \| \|\| ( \| \|\| a \| \|\| ) capital receipts and capital profits (other than \| \|\| profits on the sale of assets on which \| \|\| depreciation has been allowed for income-tax) \| \|\| \| \|\| ( \| \|\| b \| \|\| ) profits of, and receipts relating to, any business \| \|\| situated outside india \| \|\| \| \|\| ( \| \|\| c \| \|\| ) income of foreign banking companies from \| \|\| investments outside india \| \|\| ( \| \|\| d \| \|\| ) expenditure or losses (if any) debited directly \| \|\| to published or disclosed reserves, other than— \| \|\| ( \| \|\| i \| \|\| ) \| capital expenditure and capital losses \|\| (other than losses on sale of capital assets \| \|\| on which depreciation has not been \| \|\| allowed for income-tax); \| \|\| \| \|\| ( \| \|\| ii \| \|\| ) losses of any business situated outside \| \|\| india \| \|\| \| \|\| ( \| \|\| e \| \|\| ) in the case of foreign banking companies \| \|\| proportionate administrative (overhead) \| \|\| expenses of head-office allocable to indian \| \|\| business \| \|\| \| \|\| ( \| \|\| f \| \|\| ) \| refund of any excess direct tax paid for \|\| previous accounting years and excess \| \|\| provision, if any, of previous accounting years, \| \|\| relating to bonus, depreciation or development \| \|\| rebate, if written back \| \|\| rs \| \|\| ( \| \|\| g \| \|\| ) cash subsidy, if any, given by the government \| \|\| or by any body corporate established by any \| \|\| law for the time being in force or by any other \| \|\| agency through budgetary grants, whether \| \|\| given directly or through any agency for \| \|\| specified purposes and the proceeds of which \| \|\| are reserved for such purposes \| \|\| total of item no 6 …… \| \|\| rs \| \|\| \| \|\| 7 \| gross profits for purposes of bonus (item no 5 \|\| minus item no 6) \| \|explanation—in sub-item (b) of item 3, "approved gratuity fund" has the same meaning assigned to it in clause (5) of section 2 of the income-tax actwhere the profit subject to taxation is shown in the profit and loss account and the provision made for taxes on income is shown, the actual provision for taxes on income shall be deducted from the profit if, and to the extent, charged to profit and loss account if, and to the extent, credited to profit and loss account in the proportion of indian gross profit (item no 7) to total world gross profit (as per consolidated profit and loss account adjusted as in item no 2 above only) the third schedule [see section 32(b)] computation of gross profitsaccounting year ending—\| item \| particulars \| amount of \| amount of \| remarks \|\|--------------------------------------------------\|------------------------------------------\|-------------\|-------------\|-----------\|\| no \| sub-items \| main items \| \| \|\| (in rupees) \| (in rupees) \| \| \| \|\| 1 \| 2 \| 3 \| 4 \| 5 \|\| 1 \| \| \| \| \|\| net profit \| \| \| \| \|\| as per profit and loss account \| \| \| \| \|\| 2 \| \| \| \| \|\| add back \| \| \| \| \|\| provision for: \| \| \| \| \|\| ( \| \| \| \| \|\| a \| \| \| \| \|\| ) bonus to employees \| \| \| \| \|\| ( \| \| \| \| \|\| b \| \| \| \| \|\| ) depreciation \| \| \| \| \|\| \| \| \| \| \|\| ( \| \| \| \| \|\| c \| \| \| \| \|\| ) direct taxes, including the provision (if any) \| \| \| \| \|\| for previous accounting years \| \| \| \| \|\| \| \| \| \| \|\| ( \| \| \| \| \|\| d \| \| \| \| \|\| ) development rebate / investment allowance / \| \| \| \| \|\| development allowance reserve \| \| \| \| \|\| ( \| \| \| \| \|\| e \| \| \| \| \|\| ) any other reserves \| \| \| \| \|\| total of item no2……… \| \| \| \| \|\| rs \| \| \| \| \|\| 3 \| \| \| \| \|\| add back \| \| \| \| \|\| also: \| \| \| \| \|\| \| \| \| \| \|\| ( \| \| \| \| \|\| a \| \| \| \| \|\| ) bonus paid to employees in respect of previous \| \| \| \| \|\| accounting years \| \| \| \| \|\| ( \| \| \| \| \|\| aa \| \| \| \| \|\| ) the amount debited in respect of gratuity paid \| \| \| \| \|\| or payable to employees in excess of the \| \| \| \| \|\| aggregate of— \| \| \| \| \|\| ( \| \| \| \| \|\| i \| \| \| \| \|\| ) \| the amount, if any, paid to, or provided \| \| \| \|\| for payment to, an approved gratuity \| \| \| \| \|\| fund; and \| \| \| \| \|\| ( \| \| \| \| \|\| ii \| \| \| \| \|\| ) the amount actually paid to employees \| \| \| \| \|\| on their retirement or on termination of \| \| \| \| \|\| their employment for any reason \| \| \| \| \|\| ( \| \| \| \| \|\| b \| \| \| \| \|\| ) donations in excess of the amount admissible \| \| \| \| \|\| for income-tax \| \| \| \| \|\| \| \| \| \| \|\| ( \| \| \| \| \|\| c \| \| \| \| \|\| ) any annuity due, or commuted value of any \| \| \| \| \|\| annuity paid, under the provisions of section \| \| \| \| \|\| 280d of the income-tax act during the \| \| \| \| \|\| accounting year \| \| \| \| \|\| \| \| \| \| \|\| ( \| \| \| \| \|\| d \| \| \| \| \|\| ) capital expenditure (other than capital \| \| \| \| \|\| expenditure on scientific research which is \| \| \| \| \|\| allowed as a deduction under any law for the \| \| \| \| \|\| time being in force relating to direct taxes) \| \| \| \| \|\| and capital losses (other than losses on sale of \| \| \| \| \|\| capital assets on which depreciation has been \| \| \| \| \|\| allowed for income-tax or agricultural income- \| \| \| \| \|\| tax) \| \| \| \| \|\| rs \| \| \| \| \|\| ( \| \| \| \| \|\| e \| \| \| \| \|\| ) losses of, or expenditure relating to, any \| \| \| \| \|\| business situated outside india \| \| \| \| \|\| total of item no3……… \| \| \| \| \|\| 1 \| 2 \| 3 \| 4 \|\|------------------------------------------------------\|-------------------------------------------------\|-----\|-------------\|\| 4 \| \| \| \|\| add \| \| \| \|\| also income, profits or gains (if any) credited \| \| \| \|\| directly to reserves, other than— \| \| \| \|\| ( \| \| \| \|\| i \| \| \| \|\| ) \| capital receipts and capital profits (including \| \| \|\| profits on the sale of capital assets on which \| \| \| \|\| depreciation has not been allowed for income- \| \| \| \|\| tax or agricultural income-tax); \| \| \| \|\| ( \| \| \| \|\| ii \| \| \| \|\| ) profits of, and receipts relating to, any business \| \| \| \|\| situated outside india; \| \| \| \|\| ( \| \| \| \|\| iii \| \| \| \|\| ) income of foreign concerns from investment \| \| \| \|\| outside india \| \| \| \|\| rs \| \| \| \|\| net total of item no 4…… \| \| \| \|\| rs \| \| \| \|\| 5 \| total of item nos1, 2, 3 and 4… \| \| \|\| 6 \| \| \| \|\| deduct \| \| \| \|\| : \| \| \| \|\| \| \| \| \|\| ( \| \| \| \|\| a \| \| \| \|\| ) capital receipts and capital profits (other than \| \| \| \|\| profits on the sale of assets on which \| \| \| \|\| depreciation has been allowed for income-tax \| \| \| \|\| or agricultural income-tax) \| \| \| \|\| \| \| \| \|\| ( \| \| \| \|\| b \| \| \| \|\| ) profits of, and receipts relating to, any business \| \| \| \|\| situated outside india \| \| \| \|\| \| \| \| \|\| ( \| \| \| \|\| c \| \| \| \|\| ) income of foreign concerns from investments \| \| \| \|\| outside india \| \| \| \|\| ( \| \| \| \|\| d \| \| \| \|\| ) expenditure or losses (if any) debited directly \| \| \| \|\| to reserves, other than— \| \| \| \|\| ( \| \| \| \|\| i \| \| \| \|\| ) \| capital expenditure and capital losses \| \| \|\| (other than losses on sale of capital assets \| \| \| \|\| on which depreciation has not been \| \| \| \|\| allowed for income-tax or agricultural \| \| \| \|\| income-tax); \| \| \| \|\| \| \| \| \|\| ( \| \| \| \|\| ii \| \| \| \|\| ) losses of any business situated outside \| \| \| \|\| india \| \| \| \|\| \| \| \| \|\| ( \| \| \| \|\| e \| \| \| \|\| ) in the case of foreign concerns proportionate \| \| \| \|\| administrative (overhead) expenses of head- \| \| \| \|\| office allocable to indian business \| \| \| \|\| \| \| \| \|\| ( \| \| \| \|\| f \| \| \| \|\| ) \| refund of any excess direct tax paid for \| \| \|\| previous accounting years and excess \| \| \| \|\| provision, if any, of previous accounting years, \| \| \| \|\| relating to bonus, depreciation, taxation or \| \| \| \|\| development \| rebate \| or \| development \|\| allowance, if written back \| \| \| \|\| ( \| \| \| \|\| g \| \| \| \|\| ) cash subsidy, if any, given by the government \| \| \| \|\| or by any body corporate established by any \| \| \| \|\| law for the time being in force or by any other \| \| \| \|\| agency through budgetary grants, whether \| \| \| \|\| given directly or through any agency for \| \| \| \|\| specified purposes and the proceeds of which \| \| \| \|\| are reserved for such purposes \| \| \| \|\| rs \| \| \| \|\| total of item no 6 …… \| \| \| \|\| rs \| \| \| \|\| 7 \| gross profits for purposes of bonus (item no 5 \| \| \|\| minus item no 6) \| \| \| \|explanation—in sub-item (aa) of item 3, "approved gratuity fund" has the same meaning assigned to it in clause (5) of section 2 of the income-tax actif, and to the extent, charged to profit and loss account if, and to the extent, credited to profit and loss account the fourth schedule[see section 34(d)]itemcategory of employerfurther sums to be deductedno1231company, other than a banking company(i)the dividends payable on its preference share capital for the accounting year calculated at the actual rate at which such dividends are payable;(ii)eight and a half per cent of its paid-up equity share capital as atthe commencement of the accounting year;(iii)six per cent of its reserves shown in its balance-sheet as at the commencement of the accounting year, including any profits carried forward from the previous accounting year: provided that where the employer is a foreign company within the meaning of clause (42) of section 2 of the companies act, 2013 (18 of 2013), the total amount to be deducted under this item shall be eight and a half per cent on the aggregate of the value of the net fixed assets and the current assets of the company in india after deducting the amount of its current liabilities (other than any amount shown as payable by the company to its head office whether towards any advance made by the head office or otherwise or any interest paid by the company to its head office) in india2banking company(i)the dividends payable on its preference share capital for the accounting year calculated at the rate at which such dividends are payable;(ii)seven and a half per cent of its paid-up equity share capital as at the commencement of the accounting year;(iii)five per cent of its reserves shown in its balance sheet as at the commencement of the accounting year, including any profits carried forward from the previous accounting year;(iv)any sum which, in respect of the accounting year, is transferred by it— (a)to a reserve fund under sub-section (1) of section 17 of thebanking regulation act, 1949 (10 of 1949); or(b)to any reserves in india in pursuance of any direction oradvice given by the reserve bank of india,whichever is higher:provided that where the banking company is a foreign company within the meaning of clause (42) of section 2 of the companies act, 2013 (18 of 2013), the amount to be deducted under this item shall be the aggregate of—(i)the dividends payable to its preference shareholders for the accounting year at the rate at which such dividends are payable on such amount as bears the same proportion to its total preference share capital as its total working funds in india bear to its total world working funds;(ii)seven and a half per cent of such amount as bears the same proportion to its total paid-up equity share capital as its total working funds in india bear to its total world working funds;(iii)five per cent of such amount as bears the same proportion to its total disclosed reserves as its total working funds in india bear to its total world working funds;(iv)any sum which, in respect of the accounting year, is deposited by it with the reserve bank of india under sub-clause (ii) of clause (b) of sub-section (2) of section 11 of the banking regulation\| 1 \| 2 \|\|--------------------------------------------------------------------------\|----------------------------------------------------------------------\|\| act, 1949 (10 of 1949), not exceeding the amount required \| \|\| under the aforesaid provision to be so deposited \| \|\| 3 \| corporation \|\| ( \| \|\| i \| \|\| ) \| eight and a half per cent of its paid-up capital as at the \|\| commencement of the accounting year; \| \|\| ( \| \|\| ii \| \|\| ) \| six per cent of its reserves, if any, shown in its balance-sheet as \|\| at the commencement of the accounting year, including any \| \|\| profits carried forward from the previous accounting year \| \|\| 4 \| co-operative society \|\| ( \| \|\| i \| \|\| ) \| eight and a half per cent of the capital invested by such society \|\| in its establishment as evidenced from its books of account at the \| \|\| commencement of the accounting year; \| \|\| ( \| \|\| ii \| \|\| ) \| such sums as has been carried forward in respect of the accounting \|\| year to a reserve fund under any law relating to co-operative \| \|\| societies for the time being in force \| \|\| 5 \| any other employer \|\| not falling under any of \| \|\| the aforesaid categories \| \|\| eight and a half per cent of the capital invested by him in his \| \|\| establishment as evidenced from his books of account at the \| \|\| commencement of the accounting year: \| \|\| provided that where such employer is a person to whom chapter xxii-a \| \|\| of the income-tax act applies, the annuity deposit payable by him \| \|\| under the provisions of that chapter during the accounting year shall \| \|\| also be deducted: \| \|\| provided further that where such employer is a firm, an amount equal \| \|\| to twenty-five per cent of the gross profits derived by it from the \| \|\| establishment in respect of the accounting year after deducting \| \|\| depreciation in accordance with the provisions of clause ( \| \|\| a \| \|\| ) of section \| \|\| 34 by way of remuneration to all the partners taking part in the conduct \| \|\| of business of the establishment shall also be deducted, but where the \| \|\| partnership agreement, whether oral or written, provides for the payment \| \|\| of remuneration to any such partner, and— \| \|\| ( \| \|\| i \| \|\| ) \| the total remuneration payable to all such partners is less than \|\| the said twenty-five per cent the amount payable, subject to a \| \|\| maximum of forty-eight thousand rupees to each such partner; \| \|\| or \| \|\| ( \| \|\| ii \| \|\| ) \| the total remuneration payable to all such partners is higher than \|\| the said twenty-five per cent such percentage, or a sum calculated \| \|\| at the rate of forty-eight thousand rupees to each such partner, \| \|\| whichever is less, shall be deducted under this proviso: \| \|\| provided also that where such employer is an individual or a hindu \| \|\| undivided family— \| \|\| ( \| \|\| i \| \|\| ) \| an amount equal to twenty-five per cent of the gross profits \|\| derived by such employer from the establishment in respect of \| \|\| the accounting year after deducting depreciation in accordance \| \|\| with the provisions of clause ( \| \|\| a \| \|\| ) of section 34; or \| \|\| ( \| \|\| ii \| \|\| ) \| forty-eight thousand rupees, \|\| whichever is less by way of remuneration to such employer, shall also \| \|\| be deducted \| \|\| in addition to the sums deductible under any of the aforesaid items such \| \|\| sums as are required to be appropriated by licensee in respect of the \| \|\| accounting year to a reserve, if any, shall also be deducted \| \|6any employer falling under item no 1 or item no 3 or item no 4 or item no 5 and being a licensee defined in clause (39) of section 2 of the electricity act, 2003 (36 of 2003)explanation—the expression "reserves" occurring in column (3) against item nos 1(iii), 2(iii)and 3(ii) shall not include any amount set apart for the purpose of—(i) payment of any direct tax which, according to the balance-sheet, would be payable; (ii) meeting any depreciation admissible in accordance with the provisions of clause (a) of section 34;(iii) payment of dividends which have been declared, but shall include—(a) any amount, over and above the amount referred to in clause (i) of this explanation, set apart as specific reserve for the purpose of payment of any direct tax; and(b) any amount set apart for meeting any depreciation in excess of the amount admissible in accordance with the provisions of clause (a) of section 34 statement of objects and reasonsthe second national commission on labour, which submitted its report in june, 2002had recommended that the existing set of labour laws should be broadly amalgamated into the following groups, namely:––(a) industrial relations; (b) wages;(c) social security; (d) safety; and (e) welfare and working conditions2 in pursuance of the recommendations of the said commission and the deliberations made in the tripartite meeting comprising of the government, employers' and industry representatives, it has been decided to bring the proposed legislation, namely, the code on wages, 2017 the proposed legislation intends to amalgamate, simplify and rationalise the relevant provisions of the following four central labour enactments relating to wages, namely:––(a) the payment of wages act, 1936; (b) the minimum wages act, 1948; (c) the payment of bonus act, 1965; and(d) the equal remuneration act, 19763 the amalgamation of the said laws will facilitate the implementation and also remove the multiplicity of definitions and authorities without compromising on the basic concepts of welfare and benefits to workers the proposed legislation would bring the use of technology in its enforcement all these measures would bring transparency and accountability which would lead to more effective enforcement widening the scope of minimum wages to all workers would be a big step for equity the facilitation for ease of compliance of labour laws will promote in setting up of more enterprises thus catalysing the creation of employment opportunities4 the salient features of the code on wages, 2017, inter alia, are as follows:––(a) it provides for all essential elements relating to wages, equal remuneration, its payment and bonus;(b) the provisions relating to wages shall be applicable to all employments covering both organised as well as un-organised sectors;(c) the power to fix minimum wages continues to be vested in the central government as well the state government in their respective spheres;(d) it enables the appropriate government to determine the factors by which the minimum wages shall be fixed for different category of employees the factors shall be determined taking into account the skills required, the arduousness of the work assigned, geographical location of the workplace and other aspects which the appropriate government considers necessary;(e) the provisions relating to timely payment of wages and authorised deductions from wages,which are presently applicable only in respect of employees drawing wages upto eighteen thousand rupees per month, shall be made applicable to all employees irrespective of wage ceiling the appropriate government may extend the coverage of such provisions to the government establishments also;(f) it provides that the wages to employees mayalso be paid by cheque or through digital or electronic mode or by crediting it in the bank account of the employee however, the appropriate government may specify the industrial or other establishment, where the wages are to be paid only by cheque or through digital or electronic mode or by crediting the wages in the bank account of the employee;(g) it provides for national minimum wage for different geographical areas so as to ensure that no state government fixes the minimum wage below the national minimum wage, notified for that area by the central government;(h) in order to remove the arbitrariness and malpractices in inspection, it empowers the appropriate government to appoint facilitators in the place of inspectors, who would supply information and advice the employers and workers concerning the most effective means of complying with the provisions of the proposed legislation it has also been provided that the inspections are carried out through a transparent/ web based inspection scheme(i) it empowers the appropriate government to determine the ceiling of wage limit for the purpose of eligibility of bonus and calculation of bonus, by notification, which will make it easier to revise ceilings;(j) in the place of number of authorities at multiple levels, it empowers the appropriate government to appoint one or more authorities to hear and decide the claims under the provisions of the proposed legislation;(k) it enables the appropriate government to appoint an appellate authority to hear appeals so as to ensure speedy, cheaper and efficient redressal of grievances and settlement of claims;(l) it provides for graded penalty for different types of contraventions of the provisions of the proposed legislation;(m) it provides that the facilitator shall give an opportunity to the employer before initiation of prosecution proceedings in cases of contravention, so as to comply with the provisions of the proposed legislation however, in case of repetition of the contravention within a period of five years such opportunity shall not be provided;(n) it provides for compounding of those offences which are not punishable with imprisonment;(o) it provides that where a claim has been filed for non-payment of remuneration or bonus or less payment of wages or bonus or on account of making deduction not authorised by the proposed legislation, the burden shall be on the employer to prove that the said dues have been paid to the employee;(p) it enables the appropriate government to constitute advisory boards at central and state levels to advice the central government and the state governments, respectively, on matters relating to wages, women employment, etc;(q) the period of limitation for filing of claims by a worker has been enhanced to3 years as against existing time period verying from 6 months to 2 years, to provide a worker more time to settle his claims 5 the notes on clauses explain in detail the various provisions contained in the bill 6 the bill seeks to achieve the above objectivesnew delhi;bandaru dattatreyathe 3rd august, 2017clause 2 of the bill seeks to define certain expressions used in the code, which, inter alia, include "accounting year", "advisory board", "appropriate government", "employee","employer", "tribunal", "wages" and "worker"clause 3 of the bill seeks to provide for the prohibition of discrimination on ground of gender it also provides that no employer shall, for the purpose of prohibiting the discrimination among employees on ground of sex in matters relating to wages, shall reduce the rates of wages of any employeeclause 4 of the bill provides for determination of disputes with regard to same or similar nature of work the dispute shall be decided by such authority as may be notified by the appropriate governmentclause 5 of the bill seeks to provide for payment of minimum rates of wages the wages less than the minimum rates of wages notified by the appropriate government for a state or any part thereof shall not be paid to any employeeclause 6 of the bill seeks to provide for fixation of minimum wages such fixation of minimum wages by the appropriate government shall be subject to the powers of the central government to fix national minimum wages the minimum wages shall be for time work, piece work, and for the period by hours or day or monthclause 7 of the bill seeks to provide components of the minimum wages any minimum rate of wages fixed or revised by the appropriate government may, inter alia, consist of basic rate, cost of living allowance and value of the concessions, if anyclause 8 of the bill seeks to provide the procedure for fixing and revising minimum wagesclause 9 of the bill seeks to provide the power of central government to fix national minimum wages different national minimum wages may be fixed for different states or different geographical areas the central government before fixing the national minimum wage may obtain the advice of the central advisory boardclause 10 of the bill seeks to provide, inter alia, for wages of employee who works for less than normal working day an employee, where his failure to work is caused by his un-willingness to work and not by omission of the employer to provide him with work, shall not be entitled to receive wages for a full normal working dayclause 11 of the bill seeks to provide wages for two or more classes of work it provides that an employee who does two or more classes of work to each of which different rate of minimum wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in such class of work, wages at not less than the minimum rate in force in respect of each such classclause 12 of the bill seeks to provide minimum time rate wages for piece work clause 13 of the bill seeks to provide for fixing hours of work for normal working day, day of rest and payment for work on day of rest by the appropriate governmentclause 14 of the bill seeks to provide for payment of wages for overtime work which is in excess of the number of hours constituting a normal working and the overtime rate shall not be less than twice the normal rate of wagesclause 15 of the bill seeks to provide for payment of all wages in current coin or currency notes or by cheque or by crediting the wages through digital or electronic mode in the bank account of the employee except as may be notified by the appropriate government in specified industrial or other establishment in which wages to be paid only by cheque or by crediting in bank accountclause 16 of the bill seeks to provide for fixation of wage period for employees which shall not be more than a month either as daily or weekly or fortnightly or monthly and the said wage periods may be fixed different for different establishmentsclause 17 of the bill seeks to provide time limit for payment of wages on monthly basis, daily basis, weekly basis and fortnightly basis in case of removal, dismissal, retrenchment, resignation from service or in the case of un-employment due to closure of the establishment, the wages payable to an employee shall be paid within two weeks the appropriate government may provide time limit apart from the time limit provided in this clauseclause 18 of the bill provides for deductions which may be made from the wages of an employee no deduction from the wages shall be made except those as are authorised under the proposed legislation the upper ceiling of deduction is fifty per cent of the wage in any wage periodclause 19 of the bill seeks to provide the imposition of fines by the employer on any employee the fine shall be imposed on any employee only in accordance with the approval and procedure as specified in the clauseclause 20 of the bill seeks to provide for the deductions for absence from duty the amount of such deductions shall in no case bear to the wages payable to the employee in respect of the wage period for which the deductions is made in a larger proportion than the period for which he was absent bears to the total period within such wage-period during which by the terms of his employment he was required to work an employee shall be deemed to be absent from the place where he is required to work if, although presence in such place, he refuses in pursuance of a stay-in strike for any other cause which is not reasonable in the circumstances, to carry out his workclause 21 of the bill seeks to provide deductions for damage or loss the deductions for damage or loss shall not exceed the amount of the damage or loss caused to the employer by negligence or default of the employee the deductions shall not be met until the employee has been provided an opportunity of showing cause against the deductions or otherwise than in accordance with the procedure prescribed by rulesclause 22 of the bill provides for deductions for services rendered such deductions shall not be made from the wages of employee unless the house accommodation, amenity or service has been accepted by him as a term of employment or as otherwise such deductions shall also not exceed an amount equivalent to the value of such amenity or service supplied the appropriate government may impose conditions for such purposeclause 23 of the bill seeks to provide for deductions for recovery of advancescertain conditions have been provided in the said clause subject to which the deductions shall be made for the recovery of advance of money given to an employee before and after the employment beganclause 24 of the bill seeks to provide deductions for recovery of loans and the manner for such recovery shall be provided in the rulesclause 25 of the bill seeks to provide that the provisions relating to payment of wages provided in chapter iii in the proposed code shall not be applicable to government establishments unless the appropriate government applies such provisions to any government establishment as may be specified by it by notificationclause 26 of the bill seeks to make provisions for eligibility for bonus the threshold limit for payment of the bonus is the wages not exceeding such amount per mensem as determined by notification, by the appropriate government where the wages of the employee exceeds such amount per mensem, as determined by notification, by the appropriate government, the bonus payable to such employee shall be calculated as if the wages of such employee were such amount, so determined by the appropriate government or the minimum wages fixed by the appropriate government, whichever is higher the other details regarding the payment of bonus have also been provided in this clauseclause 27 of the bill seeks to provide for proportionate reduction in bonus in case where an employee has not worked for all the working days in an accounting year, etcclause 28 of the bill seeks to provide for computation of the number of working days for the purposes where an employee has not worked for all the working days in an accounting year provisions have been made in this clause to cover certain days as working days as specified thereinclause 29 of the bill seeks to specify certain disqualifications, on the basis of dismissal from service for fraud, etc, for receiving bonusclause 30 of the bill seeks to provide for the purposes of computation of bonus that the establishment shall include its departments, undertakings and branches, where for any accounting year a separate balance sheet and profit and loss account are prepared and maintained in respect of any such department or undertaking or branch, then, such department or undertaking or branch shall be treated as a separate establishment for the purpose of computation of bonus for the accounting year, such department, undertaking or branch was, immediately before the commencement of that accounting year treated as part of the establishment for the purpose of computation of bonusclause 31 of the bill seeks to provide for payment of bonus out of allocable surplusit also empowers the appropriate government to notify the authority having jurisdiction for calling upon the employer to produce the balance sheet before itclause 32 of the bill seeks to provide for the computation of gross profit in the case of a banking company in accordance with the second schedule and in any other case in the manner specified in the third scheduleclause 33 of the bill seeks to provide for the computation of available surplus in respect of any accounting yearclause 34 of the bill seeks to specify the sums which shall be deducted from the gross profits as prior charges which includes the sums specified in the fourth scheduleclause 35 of the bill seeks to provide for the calculation of direct tax payable by the employer such direct tax for any accounting year shall be calculated at the rate applicable to the income of the employer for that year subject to the provisions specified in that clauseclause 36 of the bill seeks to provide for set on and set off of allocable surplus it provides as to how the allocable surplus exceeding the amount of maximum bonus payable to the employee shall subject to the limit of 20 per cent of the total salary or wages of the employee in that accounting year be carried forward for being set on in the succeeding accounting years up to and inclusive of fourth accounting year for the purpose of payment of bonus in the manner illustrated in the first schedule to the proposed code it further provides that where for any accounting year, there is no available surplus or the allocable surplus in respect of that year, falls short of the amount of the minimum bonus payable to the employees and there is no amount or sufficient amount carried forward and set on which could be utilised for the purpose of the minimum bonus, then, such minimum amount or the deficiency shall be carried forward for being set off in the succeeding accounting years and so on up to and inclusive of the fourth accounting year in the manner illustrated in the first schedule it also provides that the applicability of the first schedule in other cases and for the taking in to account at first instance the amount of set on or set off carried forward from the earliest accounting yearclause 37 of the bill seeks to provide for the adjustment of customary or interim bonus payable under the proposed legislationclause 38 of the bill seeks to provide for deduction of the amount of loss caused by the employee on account of misconduct from the amount of bonus payable by the employer to the employee in respect of the concerned accounting year only and the employee shall be entitled to receive the balance, if anyclause 39 of the bill seeks to provide the time limit for payment of bonus the bonus payable to an employee shall be paid by crediting in the bank account of the employee by his employer it also specifies regarding the extension of period for payment of bonus in certain cases and the upper limit of the extension which shall not exceed two years and in case of a dispute for payment at higher rate, the employer shall pay eight and one third per cent of the wages earned by the employee as per the provisions of the proposed legislation within the time limitclause 40 of the bill seeks to provide for the application of the provisions of chapter iv regarding the payment of bonus to establishments in public sector in certain cases as specified in the said clauseclause 41 of the bill seeks to provide for the non-applicability of the provisions of chapter iv regarding the payment of bonus in certain cases which, inter alia, include employees employed in life insurance corporation of india, indian red cross society or any other institution of a like nature including its branches, reserve bank of india, etc it also provides that the provisions regarding the payment of bonus shall apply to such establishments in which twenty or more persons employed or were employed on any day during an accounting yearclause 42 of the bill seeks to provide for central advisory board to be constituted by the central government which shall be tripartite in nature having representatives from employees, employers and independent persons as well as there will be one third representation of women in this board and the said board shall advice the central government on issues referred to it it also provides that every state government shall also constitute a state advisory board for advising the state government, inter alia, on fixation or revision of minimum wages, increasing employment opportunities, etc the state advisory board may constitute one or more committees or sub-committees to look into issues pertaining to matters specified in the clause one third members of the state advisory board shall be womenclause 43 of the bill seeks to provide the responsibility for payment of various dues of the employees in case of failure to pay the dues, the concerned company or firm or association or any other person who is the proprietor of the establishment shall be responsible for the payment of duesclause 44 of the bill seeks to provide for payment of various undisbursed dues of the employee in case of his death such dues will be paid to the persons nominated by the employee and where there is no such nomination or for any reasons such amount cannot be paid to the person nominated, then, the dues shall be deposited with the authority specified in the rules, who shall deal with the amount in the manner provided in such rules where the dues are paid by the employer in accordance with this clause by the employer, then, he shall be discharged of his liability to pay the duesclause 45 of the bill seeks to provide for appointment of authority by the appropriate government to decide the claim of employees which arises under the provisions of the proposed legislation the said authority shall have powers to award payment of claim amount along with compensation which may extend up to ten times of the claim amount further, if an employer fails to pay the amount of claim and compensation awarded by the authority, then, the said authority shall issue a recovery certificate to the collector or district magistrate of the district where the establishment is located who shall recover the same as arrears of land revenue and remit the same to the authority for payment to the concerned employee any application before the authority for claim referred above may be filed by the employee concerned or facilitator or by any trade union of which the employee is a memberclause 46 of the bill provides that if a dispute arises between an employer and his employees with respect to the bonus payable under the proposed legislation or the application of this code, in respect of bonus, to an establishment in public sector, then, such dispute shall be deemed to be an industrial dispute under the industrial disputes act, 1947clause 47 of the bill seeks to provide that if in any dispute referred to the authority, appellate authority, a tribunal or an arbitrator, any corporation or a company (other than a banking company) submits to the said authority, appellate authority, a tribunal or an arbitrator, the documents like balance sheet and profit and loss account duly audited by the comptroller and auditor general of india or by auditors duly qualified to act as auditors of companies under companies act, 2013, then, such documents shall be presumed to be accurate and it shall not be necessary for the corporation or company to prove the accuracy of such statements however, when an application is made to the said authority, appellate authority, tribunal or arbitrator by any employee or a trade union being a party to the dispute requiring any clarification to the said statements, then, on order of the authority, appellate authority, tribunal or arbitrator the concerned corporation or company, as the case may be, shall clarify the sameclause 48 of the bill seeks to provide for audit of accounts of employers not being corporations or companies where an employer fails to get the accounts audited then there is provision for getting the accounts audited by such auditor or auditors as the authority thinks fit and the expenses of and incidental to such audit including the remuneration of auditor or auditors shall be determined by the authority and be paid by the employer in case of failure of payment, this clause contains the provision for the recovery of such expensesclause 49 of the bill makes provisions for appeal against the order of the authority clause 50 of the bill seeks to provide for records, returns and notices the said clause makes provisions for the maintenance of register by the employer containing the details with regard to persons employed, muster roll, wages, and such other details in the manner to be specified in the rules by the appropriate government it also provides for the display of a notice on the notice board at a prominent place at the establishment containing the abstract of the proposed legislation, category-wise wage rates of employees, wage period, day or date and time of payment of wages and the name and address of the facilitator having jurisdiction there is provision for issue of wage slip the employer who employs not more than five persons for agriculture or domestic purpose is exempted from the provision but when demanded, he shall produce before the facilitator the reasonable proof of the payment of wages to the persons employedclause 51 of the bill seeks to provide for appointment of facilitators and their powersthe facilitator may supply information and advise to employer and workers concerning the most effective means of complying with the provisions of the proposed legislation the said clause also empowers the facilitators to inspect the establishment based on inspection schemeclause 52 of the bill seeks to provide for cognizance of offences under the provisions of the proposed legislation the cognizance of the offences shall be taken by the court on a complaint no court inferior to the metropolitan magistrate or magistrate of the first class shall try the offencesclause 53 of the bill seeks to provide penalties for offences enhanced penalties shall be imposed on the offender who is again found guilty of similar offence already committed by him, for which he has been convicted the facilitator shall, before initiation of prosecution proceedings, give an opportunity to the employer to comply with the provisions of the proposed legislation the prosecution proceedings shall not be initiated against the employer who complies with the said provisions within the period specified such opportunity shall not be accorded to an employer, if the violation of the same nature of the provisions of proposed legislation is repeated within a period of five years from the date on which the first violation was committedclause 54 of the bill seeks to provide for offences by companies if the offence is committed by a company, every person who at the time the offence was committed, was in charge of and was responsible to the company for the conduct of business of the company, as well as the company shall be deemed to be guilty of offence and shall be liable to be proceeded against and punished accordingly protection has been provided where offence has been committed without the knowledge or where all due diligence to prevent the commission of the offence has been exercised the director, manager, secretary or other officer of the company with the consent or connivance of whom the offence has been committed shall also be deemed to be guiltyclause 55 of the bill seeks to provide for composition of offences only the offences for which there is no punishment with imprisonment shall be compounded the compounding money shall be a sum of fifty per cent of maximum fine there is no compounding for a similar offence compounded earlier or for commission of which conviction was made committed for the second time or thereafter within a period of five yearsclause 56 of the bill seeks to provide bar of suits the matters in which the court shall not entertain the suit, inter alia, relate to the recovery of minimum wages, any deduction from wages, discrimination in wages and payment of bonusclause 57 of the bill seeks to provide for protection of action taken in good faith by the appropriate government or any officer of that government under the provisions of the proposed legislationclause 58 of the bill seeks to provide regarding burden of proof the burden of proving that the dues on account of remuneration or bonus, etc, have been paid shall be on the employerclause 59 of the bill seeks to provide that any contract or agreement whereby an employee relinquishes the right to any amount or the right to bonus due to him under the provisions of the proposed legislation shall be null and void in so far as it purports to remove or reduce the liability of any person to pay such amountclause 60 of the bill seeks to provide for overriding effect in respect of laws, agreements, etc, which are inconsistent with the provisions of the proposed legislation such laws, agreements, etc, shall not affect the provisions of the proposed legislationclause 61 of the bill seeks to provide for delegation of powers the appropriate government may, by notification, delegate the powers exercisable by it in the proposed code with or without any condition to the officer or authority subordinate to that government, etc, as may be specified in the notificationclause 62 of the bill seeks to provide for exemption of employer from liability in certain cases the employer who is charged with an offence under the provisions of the proposed legislation shall be entitled upon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before of the court at the time appointed for hearing the charge and if used he proves that he has, after the commission of the offence has been proved, due diligence to enforce the execution of the provisions of the proposed legislation and the other person committed the offence without his knowledge, consent or connivance, then, that other person shall be convicted of the offence and the employer shall be dischargedclause 63 of the bill seeks to provide for protection against attachment of assets of employer with governmentclause 64 of the bill seeks to provide for the powers of the central government to give directions to the state government for carrying into execution of the provisions of the proposed legislation and such directions shall be bindingclause 65 of the bill seeks to provide that the provisions of the proposed legislation shall not effect the provisions of the mahatma gandhi national rural employment guarantee act, 2005 and the coal mines provident fund and bonus schemes act, 1948, or of any scheme made there underclause 66 of the bill seeks to confer power upon the appropriate government to make rules such powers are of general nature for carrying out the provisions of the proposed legislation and also the matters on which such rules may be made have been specified there is provision for laying the rules, as the case may be, before the parliament or the state legislatureclause 67 of the bill seeks to confer power upon the central government to make provisions published in the official gazette and not inconsistent with the provisions of the proposed legislation for removing the difficulty such powers shall not be exercised after expiry of a period of two years from the commencement of the proposed legislation and every order published under this clause shall be laid before the each house of parliamentclause 68 of the bill seeks to provide for repeal of certain enactments, namely, the payment of wages act, 1936, the minimum wages act, 1948, the payment of bonus act, 1965 and the equal remuneration act, 1976, and saving of things done and action taken there under memorandum regarding delegated legislationclause 5 of the bill provides that no employer shall pay to any employee wages less than the minimum rate of wages notified by the appropriate government for the area, establishment or work as may be specified in the notification2 sub-clause (5) of clause 6 of the bill provides that the appropriate government may, by notification, fix factors by which the minimum wages so fixed be multiplied for different types of work3 sub-clause (1) of clause 9 of the bill empowers the central government to fix the national minimum wage, by notification proviso to the said clause further provides that different national minimum wages may be fixed for different states or different geographical areas4 clause 25 of the bill exempts the application of the provisions of this chapter iii of the bill to government establishments unless the appropriate government, by notification, applies such provisions to any government establishment specified in the said notification5 sub-clause (1) of clause 45 of the bill empowers the appropriate government to appoint by notification, one or more authorities, not below the rank of a gazetted officer, to hear and determine the claims which arises under the provisions of this bill6 sub-clause (1) of clause 49 of the bill empowers the appropriate government to appoint appellate authority having jurisdiction to hear appeals preferred by any person aggrieved by an order passed by the authority under sub-clause (2) of clause 457 sub-clause (1) of clause 51 of the bill empowers the appropriate government to appoint facilitators who shall exercise the powers conferred on them under sub-clause (4)of the said clause throughout the state or such geographical limits assigned to them, in relation to establishments situated in such state or geographical limits, as the case may be8 sub-clause (2) of clause 51 of the bill empowers the appropriate government to lay down an inspection scheme by notification, which shall also provide for generation of a web-based inspection schedule9 sub-clause (1) of clause 55 of the bill empowers the appropriate government to specify a gazetted officer for the purpose of compounding offences in accordance with the provisions of the said clause10 sub-clause (1) of clause 66 empowers the appropriate government, subject to the condition of previous publication, to make rules for carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include: (a) the manner of calculating the wages where such rates are fixed by the hour or by the day or by the month under sub-section (4)of section 6; (b) the cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting a normal working day shall not be entitled to receive wages for a full normal working day under section 10; (c) the extent to which, and subject to such conditions, the provisions of sub-section (1) of section 13 shall apply in relation to certain classes of employees, under sub-section (2) of that section; (d) the manner of fixation of minimum rate of wages by the hour, by the day or by such a longer wage period under section 14; (e) manner of deducting loans made from any fund constituted for the welfare of labour under sub-clause (ii) of clause (f) of sub-section (2) of section 18; (f) the manner of recovery of excess of amount under sub-section (4) of section18; (g) the authority to provide approval for imposition of fine under sub-section (1) of section 19; (h) the manner of exhibition of the acts and omissions to be specified in the notice under sub-section (2) of section 19; (i) the procedure for the imposition of fines under sub-section (3) of section 19; (j) the form of the register to record all fines and all realisations thereof under sub-section (8) of section 19; (k) the procedure for making deductions for absence from duty under sub-section (2) of section 20; (l) the procedure for making deductions for damage or loss under sub-section (2) of section 21; (m) the form of the register to record all deductions and all realisations thereof under sub-section (3) of section 21; (n) conditions for recovery of advance of money given to an employee after the employment began under clause (b) of section 23; (o) conditions for recovery of advances of wages to an employee not already earned under clause (c) of section 23; (p) deductions for recovery of loans and the rate of interest payable thereon under section 24; (q) manner of regulating the procedure by the central advisory board referred to in sub-section (1) of section 42 and the state advisory board referred to in sub-section (4) of the said section including that of the committees and sub-committees constituted by the state advisory board under sub-section (10) of section 42; (r) the term of members of the central advisory board, the state advisory board including the committees and sub-committees constituted by the state advisory board under sub-section (11) of section 42; (s) the authority and manner of depositing with such authority various undisbursed dues in case of death of employed person under clause (b) of sub-section (1) of section 44; (t) form of a single application in respect of a number of employees under sub-section (5) of section 45; (u) the form for making an appeal to the appellate authority by the aggrieved person under subsection (1) of section 49; (v) the manner of maintenance of a register by the employer to maintain the details of persons employed, muster roll, wages and such other details under sub-section (1) of section 50; (w) the manner of issuing wage slips under sub-section (3) of section 50; (x) the other powers to be exercised by the facilitators under sub-section (5) of section 51; (y) the manner of composition of offence by a gazetted officer specified under sub-section (4) of section 55; and (z) any other matter which is required to be or may be specified under the proposed legislation11 sub-clause (3) of clause 66 provides that every rule made by the central government is required to be laid before each house of parliament12 sub-clause (4) of clause 66 provides that every rule made under the said clause is required to be laid before state legislature13 the matter in respect of which rules may be made are matters of procedure or administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto consolidate and amend the laws relating to wages and bonus and matters connected therewith or incidental thereto————(shri bandaru dattatreya, minister of state for labour and employment)gmgipmrnd—1808ls(s3)—07-08-2017 the code on wages, 2017 [to be/as introduced in lok sabha]1 page (ii), in the arrangement of clauses, against clause 30,- for "establishment to" read "establishments to" 2 page 27, line 9,- for "constitutes by" read "constituted by" 3 page 39, line 4 from the bottom,- for "by cheque or by crediting the wages through digital or electronic mode in" read " by cheque or through digital or electronic mode or by crediting the wages in" 4 page 39, line 2 from the bottom,- for "by cheque or" read "by cheque or through digital or electronic mode or" new delhi; august 9, 2017______ shravana 18, 1939 (saka)	Parliament_bills	4198ccc9-f2cd-5311-8ddf-b2284d55ad2f
the consumer protection bill, 2019—————— arrangement of clauses—————— chapter i preliminary clauses1short title, extent, commencement and application2definitions chapter ii consumer protection council3central consumer protection council4procedure for meetings of central council5objects of central council6state consumer protection councils7objects of state council8district consumer protection council9objects of district council chapter iii central consumer protection authority10establishment of central consumer protection authority11qualifications, method of recruitment, etc, of chief commissioner and commissioners12vacancy, etc, not to invalidate proceedings of central authority13appointment of officers, experts, professionals and other employees of centralauthority14procedure of central authority15investigation wing16power of district collector17complaints to authorities18powers and functions of central authority19power of central authority to refer matter for investigation or to other regulator20power of central authority to recall goods, etc21power of central authority to issue directions and penalties against false ormisleading advertisements22search and seizure clauses23designation of any statutory authority or body to function as central authority24appeal25grants by central government26accounts and audit27furnishing of annual reports, etc chapter iv consumer disputes redressal commission28establishment of district consumer disputes redressal commission29qualifications, etc, of president and members of district commission30salaries, allowances and other terms and conditions of service of president andmembers of district commission31transitional provision32vacancy in office of member of district commission33officers and other employees of district commission34jurisdiction of district commission35manner in which complaint shall be made36proceedings before district commission37reference to mediation38procedure on admission of complaint39findings of district commission40review by district commission in certain cases41appeal against order of district commission42establishment of state consumer disputes redressal commission43qualifications, etc, of president and members of state commission44salaries, allowances and other terms and conditions of service of president andmembers of state commission45transitional provision46officers and employees of state commission47jurisdiction of state commission48transfer of cases49procedure applicable to state commission50review by state commission in certain cases51appeal to national commission52hearing of appeal53establishment of national consumer disputes redressal commission54composition of national commission55qualifications, etc, of president and members of national commission56transitional provision57other officers and employees of national commission clauses58jurisdiction of national commission59procedure applicable to national commission60review by national commission in certain cases61power to set aside ex parte orders62transfer of cases63vacancy in office of president of national commission64vacancies or defects in appointment not to invalidate orders65service of notice, etc66experts to assist national commission or state commission67appeal against order of national commission68finality of orders69limitation period70administrative control71enforcement of orders of district commission, state commission and national commission72penalty for non-compliance of order73appeal against order passed under section 72 chapter v mediation74establishment of consumer mediation cell75empanelment of mediators76nomination of mediators from panel77duty of mediator to disclose certain facts78replacement of mediator in certain cases79procedure for mediation80settlement through mediation81recording settlement and passing of order chapter vi product liability82application of chapter83product liability action84liability of product manufacturer85liability of product service provider86liability of product sellers87exceptions to product liability action chapter vii offences and penalties88penalty for non-compliance of direction of central authority clauses89punishment for false or misleading advertisement90punishment for manufacturing for sale or storing, selling or distributing or importing products containing adulterant91punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods92cognizance of offence by court93vexatious search chapter viii miscellaneous94measures to prevent unfair trade practices in e-commerce, direct selling, etc95presidents, members, chief commissioner, commissioner and certain officers to be public servants96compounding of offences97manner of crediting penalty98protection of action taken in good faith99power to give directions by central government100act not in derogation of any other law101power of central government to make rules102power of state government to make rules103power of national commission to make regulations104power of central authority to make regulations105rules and regulations to be laid before each house of parliament106power to remove difficulties107repeal and savings bill no 144 of 2019 the consumer protection bill, 2019 a billto provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers' disputes and for matters connected therewith or incidental thereto be it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the consumer protection act, 2019(2) it extends to the whole of india except the state of jammu and kashmirshort title, extent, commencement and application(3) it shall come into force on such date as the central government may, by notification, appoint and different dates may be appointed for different states and for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provisiondefinitions2 in this act, unless the context otherwise requires,—(1) "advertisement" means any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents;5(2) "appropriate laboratory" means a laboratory or an organisation—(i) recognised by the central government; or (ii) recognised by a state government, subject to such guidelines as may be issued by the central government in this behalf; or10(iii) established by or under any law for the time being in force, which is maintained, financed or aided by the central government or a state government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect; (3) "branch office" means—15(i) any office or place of work described as a branch by the establishment; or (ii) any establishment carrying on either the same or substantially the same activity carried on by the head office of the establishment; (4) "central authority" means the central consumer protection authority established under section 10;20(5) "complainant" means—(i) a consumer; or (ii) any voluntary consumer association registered under any law for the time being in force; or(iii) the central government or any state government; or25(iv) the central authority; or(v) one or more consumers, where there are numerous consumers having the same interest; or(vi) in case of death of a consumer, his legal heir or legal representative; or (vii) in case of a consumer being a minor, his parent or legal guardian30(6) "complaint" means any allegation in writing, made by a complainant for obtaining any relief provided by or under this act, that—(i) an unfair contract or unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;35(ii) the goods bought by him or agreed to be bought by him suffer from one or more defects;(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from any deficiency;(iv) a trader or a service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—40(a) fixed by or under any law for the time being in force; or (b) displayed on the goods or any package containing such goods; or (c) displayed on the price list exhibited by him by or under any law for the time being in force; or(d) agreed between the parties;5(v) the goods, which are hazardous to life and safety when used, are being offered for sale to the public—\| ( \| a \| ) in contravention of standards relating to safety of such goods \|\|----------------------------------------------------------------------------\|-----\|--------------------------------------------------------------------\|\| as required to be complied with, by or under any law for the time being in \| \| \|\| force; \| \| \|\| 10 \| \| \|\| ( \| b \| ) where the trader knows that the goods so offered are unsafe to \|\| the public; \| \| \|(vi) the services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by a person who provides any service and who knows it to be injurious to life and safety;15(vii) a claim for product liability action lies against the product manufacturer, product seller or product service provider, as the case may be; (7) "consumer" means any person who—20(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or25 30(ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purposeexplanation—for the purposes of this clause,—35(a) the expression "commercial purpose" does not include use by aperson of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;(b) the expressions "buys any goods" and "hires or avails any services" includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing;40(8) "consumer dispute" means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint;(9) "consumer rights" includes,—(i) the right to be protected against the marketing of goods, products or services which are hazardous to life and property;45(ii) the right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be, so as to protect the consumer against unfair trade practices;(iii) the right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices;(iv) the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate fora;5(v) the right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers; and(vi) the right to consumer awareness;10(10) "defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods or product and the expression "defective" shall be construed accordingly;15(11) "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes—(i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and20(ii) deliberate withholding of relevant information by such person to the consumer; (12) "design", in relation to a product, means the intended or known physical and material characteristics of such product and includes any intended or known formulation or content of such product and the usual result of the intended manufacturing or other process used to produce such product;25(13) "direct selling" means marketing, distribution and sale of goods or provision of services through a network of sellers, other than through a permanent retail location;(14) "director-general" means the director-general appointed under sub-section (2) of section 15;30(15) "district commission" means a district consumer disputes redressal commission established under sub-section (1) of section 28;(16) "e-commerce" means buying or selling of goods or services including digital products over digital or electronic network;35(17) "electronic service provider" means a person who provides technologies or processes to enable a product seller to engage in advertising or selling goods or services to a consumer and includes any online market place or online auction sites;(18) "endorsement", in relation to an advertisement, means—(i) any message, verbal statement, demonstration; or(ii) depiction of the name, signature, likeness or other identifiable personalcharacteristics of an individual; or40(iii) depiction of the name or seal of any institution or organisation,which makes the consumer to believe that it reflects the opinion, finding or experience of the person making such endorsement;45(19) "establishment" includes an advertising agency, commission agent, manufacturing, trading or any other commercial agency which carries on any business, trade or profession or any work in connection with or incidental or ancillary to any commercial activity, trade or profession, or such other class or classes of persons including public utility entities in the manner as may be prescribed;5(20) "express warranty" means any material statement, affirmation of fact, promise or description relating to a product or service warranting that it conforms to such material statement, affirmation, promise or description and includes any sample or model of a product warranting that the whole of such product conforms to such sample or model;34 of 200610(21) "goods" means every kind of movable property and includes "food" as defined in clause (j) of sub-section (1) of section 3 of the food safety and standards act, 2006;(22) "harm", in relation to a product liability, includes—(i) damage to any property, other than the product itself; (ii) personal injury, illness or death;15(iii) mental agony or emotional distress attendant to personal injury or illness or damage to property; or(iv) any loss of consortium or services or other loss resulting from a harm referred to in sub-clause (i) or sub-clause (ii) or sub-clause (iii),20but shall not include any harm caused to a product itself or any damage to the property on account of breach of warranty conditions or any commercial or economic loss, including any direct, incidental or consequential loss relating thereto; (23) "injury" means any harm whatever illegally caused to any person, in body, mind or property;(24) "manufacturer" means a person who—25(i) makes any goods or parts thereof; or (ii) assembles any goods or parts thereof made by others; or (iii) puts or causes to be put his own mark on any goods made by any other person;30(25) "mediation" means the process by which a mediator mediates the consumer disputes;(26) "mediator" means a mediator referred to in section 75; (27) "member" includes the president and a member of the national commission or a state commission or a district commission, as the case may be;35(28) "misleading advertisement" in relation to any product or service, means an advertisement, which—(i) falsely describes such product or service; or (ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or(iii) conveys an express or implied representation which, if made by themanufacturer or seller or service provider thereof, would constitute an unfair trade practice; or(iv) deliberately conceals important information;(29) "national commission" means the national consumer disputes redressal commission established under sub-section (1) of section 53;(30) "notification" means a notification published in the official gazette and the term "notify" shall be construed accordingly;(31) "person" includes—(i) an individual; (ii) a firm whether registered or not;5(iii) a hindu undivided family; (iv) a co-operative society;21 of 1860(v) an association of persons whether registered under the societies registration act, 1860 or not;10(vi) any corporation, company or a body of individuals whether incorporated or not;(vii) any artificial juridical person, not falling within any of the preceding sub-clauses;15(32) "prescribed" means prescribed by rules made by the central government, or, as the case may be, the state government;20(33) "product" means any article or goods or substance or raw material or any extended cycle of such product, which may be in gaseous, liquid, or solid state possessing intrinsic value which is capable of delivery either as wholly assembled or as a component part and is produced for introduction to trade or commerce, but does not include human tissues, blood, blood products and organs;(34) "product liability" means the responsibility of a product manufacturer or product seller, of any product or service, to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating thereto;25(35) "product liability action" means a complaint filed by a person before a district commission or state commission or national commission, as the case may be, for claiming compensation for the harm caused to him;(36) "product manufacturer" means a person who—(i) makes any product or parts thereof; or (ii) assembles parts thereof made by others; or30(iii) puts or causes to be put his own mark on any products made by any other person; or35(iv) makes a product and sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains such product or is otherwise involved in placing such product for commercial purpose; or(v) designs, produces, fabricates, constructs or re-manufactures any product before its sale; or(vi) being a product seller of a product, is also a manufacturer of such product;40(37) "product seller", in relation to a product, means a person who, in the course of business, imports, sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains, or otherwise is involved in placing such product for commercial purpose and includes—(i) a manufacturer who is also a product seller; or(ii) a service provider, but does not include—(a) a seller of immovable property, unless such person is engaged in the sale of constructed house or in the construction of homes or flats;5(b) a provider of professional services in any transaction in which, the sale or use of a product is only incidental thereto, but furnishing of opinion, skill or services being the essence of such transaction;(c) a person who—(i) acts only in a financial capacity with respect to the sale of the product;10(ii) is not a manufacturer, wholesaler, distributor, retailer, direct seller or an electronic service provider;15(iii) leases a product, without having a reasonable opportunity to inspect and discover defects in the product, under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor;(38) "product service provider", in relation to a product, means a person who provides any service in respect of such product;(39) "regulations" means the regulations made by the national commission, or as the case may be, the central authority;20(40) "regulator" means a body or any authority established under any other law for the time being in force;25(41) "restrictive trade practice" means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include—(i) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price;30(ii) any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as condition precedent for buying, hiring or availing of other goods or services;35(42) "service" means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;(43) "spurious goods" means such goods which are falsely claimed to be genuine;40(44) "state commission" means a state consumer disputes redressalcommission established under sub-section (1) of section 42;(45) "trader", in relation to any goods, means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and where such goods are sold or distributed in package form, includes the packer thereof;45(46) "unfair contract" means a contract between a manufacturer or trader orservice provider on one hand, and a consumer on the other, having such terms whichcause significant change in the rights of such consumer, including the following, namely:—(i) requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; or5(ii) imposing any penalty on the consumer, for the breach of contract thereof which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract; or(iii) refusing to accept early repayment of debts on payment of applicable penalty; or10(iv) entitling a party to the contract to terminate such contract unilaterally, without reasonable cause; or(v) permitting or has the effect of permitting one party to assign the contract to the detriment of the other party who is a consumer, without his consent; or15(vi) imposing on the consumer any unreasonable charge, obligation or condition which puts such consumer to disadvantage; (47) "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:—20(i) making any statement, whether orally or in writing or by visible representation including by means of electronic record, which—(a) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model;25(b) falsely represents that the services are of a particular standard, quality or grade;(c) falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods;30(d) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have;(e) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;(f) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services;35(g) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof:40provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence;(h) makes to the public a representation in a form that purports to be—(a) a warranty or guarantee of a product or of any goods or services; or45(b) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out;5(i) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made;10(j) gives false or misleading facts disparaging the goods, services or trade of another person explanation—for the purposes of this sub-clause, a statement that is,—(a) expressed on an article offered or displayed for sale, or on its wrapper or container; or15(b) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or(c) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public,20shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained;25(ii) permitting the publication of any advertisement, whether in any newspaper or otherwise, including by way of electronic record, for the sale or supply at a bargain price of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisementexplanation—for the purpose of this sub-clause, "bargain price" means,—30(a) a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise; or(b) a price that a person who reads, hears or sees the advertisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold;35(iii) permitting—(a) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged, in the transaction as a whole;40(b) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest, except such contest, lottery, game of chance or skill as may be prescribed;45(c) withholding from the participants of any scheme offering gifts, prizes or other items free of charge on its closure, the information about final results of the schemeexplanation—for the purpose of this sub-clause, the participants of a scheme shall be deemed to have been informed of the final results of the scheme where such results are within a reasonable time published, prominently in the same newspaper in which the scheme was originally advertised;5(iv) permitting the sale or supply of goods intended to be used, or are ofa kind likely to be used by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by the competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods;10(v) permitting the hoarding or destruction of goods, or refusal to sell thegoods or to make them available for sale or to provide any service, if such hoarding or destruction or refusal raises or tends to raise or is intended to raise, the cost of those or other similar goods or services;15(vi) manufacturing of spurious goods or offering such goods for sale oradopting deceptive practices in the provision of services;(vii) not issuing bill or cash memo or receipt for the goods sold or servicesrendered in such manner as may be prescribed;20(viii) refusing, after selling goods or rendering services, to take back orwithdraw defective goods or to withdraw or discontinue deficient services and to refund the consideration thereof, if paid, within the period stipulated in the bill or cash memo or receipt or in the absence of such stipulation, within a period of thirty days;25(ix) disclosing to other person any personal information given inconfidence by the consumer unless such disclosure is made in accordance with the provisions of any law for the time being in force chapter ii consumer protection council303 (1) the central government shall, by notification, establish with effect from such date as it may specify in that notification, the central consumer protection council to be known as the central councilcentral consumer protection council(2) the central council shall be an advisory council and consist of the following members, namely:—35(a) the minister-in-charge of the department of consumer affairs in the central government, who shall be the chairperson; and(b) such number of other official or non-official members representing such interests as may be prescribed 4 (1) the central council shall meet as and when necessary, but at least one meeting of the council shall be held every yearprocedure for meetings of central council40(2) the central council shall meet at such time and place as the chairperson may thinkfit and shall observe such procedure in regard to the transaction of its business as may be prescribed5 the objects of the central council shall be to render advice on promotion and protection of the consumers' rights under this actobjects of central council6 (1) every state government shall, by notification, establish with effect from such date as it may specify in such notification, a state consumer protection council for such state to be known as the state councilstate consumer protection councils(2) the state council shall be an advisory council and consist of the following members, namely:—5(a) the minister-in-charge of consumer affairs in the state government who shall be the chairperson;(b) such number of other official or non-official members representing such interests as may be prescribed;10(c) such number of other official or non-official members, not exceeding ten, as may be nominated by the central government (3) the state council shall meet as and when necessary but not less than two meetings shall be held every year15(4) the state council shall meet at such time and place as the chairperson may think fit and shall observe such procedure in regard to the transaction of its business, as may be prescribedobjects of state council7 the objects of every state council shall be to render advice on promotion and protection of consumer rights under this act within the state208 (1) the state government shall, by notification, establish for every district with effect from such date as it may specify in such notification, a district consumer protection council to be known as the district councildistrict consumer protection council(2) the district council shall be an advisory council and consist of the following members, namely:—(a) the collector of the district (by whatever name called), who shall be the chairperson; and25(b) such number of other official and non-official members representing such interests as may be prescribed (3) the district council shall meet as and when necessary but not less than two meetings shall be held every year30(4) the district council shall meet at such time and place within the district as the chairperson may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed9 the objects of every district council shall be to render advice on promotion and protection of consumer rights under this act within the districtobjects of district council chapter iii35 central consumer protection authorityestablishment of central consumer protection authority4010 (1) the central government shall, by notification, establish with effect from such date as it may specify in that notification, a central consumer protection authority to be known as the central authority to regulate matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class(2) the central authority shall consist of a chief commissioner and such number of other commissioners as may be prescribed, to be appointed by the central government to exercise the powers and discharge the functions under this act45(3) the headquarters of the central authority shall be at such place in the national capital region of delhi, and it shall have regional and other offices in any other place in india as the central government may decide511 the central government may, by notification, make rules to provide for the qualifications for appointment, method of recruitment, procedure for appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of the service of the chief commissioner and commissioners of the central authorityqualifications, method of recruitment, etc, of chief commissioner and commissioners12 no act or proceeding of the central authority shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the central authority; or10vacancy, etc, not to invalidate proceedings of central authority(b) any defect in the appointment of a person acting as the chief commissioner or as a commissioner; or(c) any irregularity in the procedure of the central authority not affecting the merits of the case1513 (1) the central government shall provide the central authority such number of officers and other employees as it considers necessary for the efficient performance of its functions under this actappointment of officers, experts, professionals and other employees of central authority(2) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the central authority appointed under this act shall be such as may be prescribed20 25(3) the central authority may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and ability, who have special knowledge and experience in the areas of consumer rights and welfare, consumer policy, law, medicine, food safety, health, engineering, product safety, commerce, economics, public affairs or administration, as it deems necessary to assist it in the discharge of its functions under this actprocedure of central authority14 (1) the central authority shall regulate the procedure for transaction of its business and allocation of its business amongst the chief commissioner and commissioners as may be specified by regulations(2) the chief commissioner shall have the powers of general superintendence, direction and control in respect of all administrative matters of the central authority:30provided that the chief commissioner may delegate such of his powers relating to administrative matters of the central authority, as he may think fit, to any commissioner (including commissioner of a regional office) or any other officer of the central authorityinvestigation wing3515 (1) the central authority shall have an investigation wing headed by a directorgeneral for the purpose of conducting inquiry or investigation under this act as may be directed by the central authority40(2) the central government may appoint a director general and such number of additional director general, director, joint director, deputy director and assistant director, from amongst persons who have experience in investigation and possess such qualifications, in such manner, as may be prescribed(3) every additional director general, director, joint director, deputy director and assistant director shall exercise his powers, and discharge his functions, subject to the general control, supervision and direction of the director-general45(4) the director general may delegate all or any of his powers to the additionaldirector general or director, joint director or deputy director or assistant director, as the case may be, while conducting inquiries or investigations under this act(5) the inquiries or the investigations made by the director general shall be submitted to the central authority in such form, in such manner and within such time, as may be specified by regulations5power of district collector16 the district collector (by whatever name called) may, on a complaint or on areference made to him by the central authority or the commissioner of a regional office, inquire into or investigate complaints regarding violation of rights of consumers as a class, on matters relating to violations of consumer rights, unfair trade practices and false or misleading advertisements, within his jurisdiction and submit his report to the central authority or to the commissioner of a regional office, as the case may be10complaints to authorities17 a complaint relating to violation of consumer rights or unfair trade practices orfalse or misleading advertisements which are prejudicial to the interests of consumers as a class, may be forwarded either in writing or in electronic mode, to any one of the authorities, namely, the district collector or the commissioner of regional office or the central authority18 (1) the central authority shall—15powers and functions of central authority(a) protect, promote and enforce the rights of consumers as a class, and preventviolation of consumers rights under this act;(b) prevent unfair trade practices and ensure that no person engages himself inunfair trade practices;20(c) ensure that no false or misleading advertisement is made of any goods orservices which contravenes the provisions of this act or the rules or regulations made thereunder;(d) ensure that no person takes part in the publication of any advertisementwhich is false or misleading25(2) without prejudice to the generality of the provisions contained in sub-section (1), the central authority may, for any of the purposes aforesaid,—\| ( \| a \| ) inquire or cause an inquiry or investigation to be made into violations of \|\|---------------------------------------------------------------------------------------\|----------\|--------------------------------------------------------------------------------\|\| consumer rights or unfair trade practices, either \| suo motu \| or on a complaint received or \|\| on the directions from the central government; \| \| \|\| 30 \| \| \|\| ( \| b \| ) file complaints before the district commission, the state commission or the \|\| national commission, as the case may be, under this act; \| \| \|\| ( \| c \| ) intervene in any proceedings before the district commission or state \|\| commission or national commission, as the case may be, in respect of any allegation \| \| \|\| of violation of consumer rights or unfair trade practices; \| \| \|\| 35 \| \| \|\| ( \| d \| ) review the matters relating to, and the factors inhibiting enjoyment of, \|\| consumer rights, including safeguards provided for the protection of consumers under \| \| \|\| any other law for the time being in force and recommend appropriate remedial measures \| \| \|\| for their effective implementation; \| \| \|(e) recommend adoption of international covenants and best internationalpractices on consumer rights to ensure effective enforcement of consumer rights;40(f) undertake and promote research in the field of consumer rights; (g) spread and promote awareness on consumer rights; (h) encourage non-governmental organisations and other institutions workingin the field of consumer rights to co-operate and work with consumer protection agencies;45(i) mandate the use of unique and universal goods identifiers in such goods, asmay be necessary, to prevent unfair trade practices and to protect consumers' interest;(j) issue safety notices to alert consumers against dangerous or hazardous or unsafe goods or services;(k) advise the ministries and departments of the central and state governments on consumer welfare measures;5(l) issue necessary guidelines to prevent unfair trade practices and protect consumers' interest10power of central authority to refer matter for investigation or to other regulator19 (1) the central authority may, after receiving any information or complaint or directions from the central government or of its own motion, conduct or cause to be conducted a preliminary inquiry as to whether there exists a prima facie case of violation of consumer rights or any unfair trade practice or any false or misleading advertisement, by any person, which is prejudicial to the public interest or to the interests of consumers and if it is satisfied that there exists a prima facie case, it shall cause investigation to be made by the director general or by the district collector15(2) where, after preliminary inquiry, the central authority is of the opinion that the matter is to be dealt with by a regulator established under any other law for the time being in force, it may refer such matter to the concerned regulator along with its report(3) for the purposes of investigation under sub-section (1), the central authority, the director general or the district collector may call upon a person referred to in sub-section (1) and also direct him to produce any document or record in his possession2020 where the central authority is satisfied on the basis of investigation that there is sufficient evidence to show violation of consumer rights or unfair trade practice by a person, it may pass such order as may be necessary, including—power of central authority to recall goods, etc(a) recalling of goods or withdrawal of services which are dangerous, hazardousor unsafe;25(b) reimbursement of the prices of goods or services so recalled to purchasers ofsuch goods or services; and(c) discontinuation of practices which are unfair and prejudicial to consumers'interest:30provided that the central authority shall give the person an opportunity of being heard before passing an order under this section3521 (1) where the central authority is satisfied after investigation that any advertisement is false or misleading and is prejudicial to the interest of any consumer or is in contravention of consumer rights, it may, by order, issue directions to the concerned trader or manufacturer or endorser or advertiser or publisher, as the case may be, to discontinue such advertisement or to modify the same in such manner and within such time as may be specified in that orderpower of central authority to issue directions and penalties against false or misleading advertisements(2) notwithstanding the order passed under sub-section (1), if the central authority is of the opinion that it is necessary to impose a penalty in respect of such false or misleading advertisement, by a manufacturer or an endorser, it may, by order, impose on manufacturer or endorser a penalty which may extend to ten lakh rupees:provided that the central authority may, for every subsequent contravention by a manufacturer or endorser, impose a penalty, which may extend to fifty lakh rupees(3) notwithstanding any order under sub-sections (1) and (2), where the central authority deems it necessary, it may, by order, prohibit the endorser of a false or misleading advertisement from making endorsement of any product or service for a period which may extend to one year:provided that the central authority may, for every subsequent contravention, prohibit such endorser from making endorsement in respect of any product or service for a period which may extend to three years5(4) where the central authority is satisfied after investigation that any person is found to publish, or is a party to the publication of, a misleading advertisement, it may impose on such person a penalty which may extend to ten lakh rupees(5) no endorser shall be liable to a penalty under sub-sections (2) and (3) if he has exercised due diligence to verify the veracity of the claims made in the advertisement regarding the product or service being endorsed by him10(6) no person shall be liable to such penalty if he proves that he had published orarranged for the publication of such advertisement in the ordinary course of his business:provided that no such defence shall be available to such person if he had previous knowledge of the order passed by the central authority for withdrawal or modification of such advertisement15(7) while determining the penalty under this section, regard shall be had to the following, namely:—(a) the population and the area impacted or affected by such offence; (b) the frequency and duration of such offence;20(c) the vulnerability of the class of persons likely to be adversely affected bysuch offence; and(d) the gross revenue from the sales effected by virtue of such offence(8) the central authority shall give the person an opportunity of being heard before an order under this section is passedsearch and seizure2522 (1) for the purpose of conducting an investigation after preliminary inquiry under sub-section (1) of section 19, the director general or any other officer authorised by him in this behalf, or the district collector, as the case may be, may, if he has any reason to believe that any person has violated any consumer rights or committed unfair trade practice or causes any false or misleading advertisement to be made, shall,—30(a) enter at any reasonable time into any such premises and search for anydocument or record or article or any other form of evidence and seize such document, record, article or such evidence;(b) make a note or an inventory of such record or article; or(c) require any person to produce any record, register or other document or article352 of 1974(2) the provisions of the code of criminal procedure, 1973, relating to search andseizure shall apply, as far as may be, for search and seizure under this act40(3) every document, record or article seized under clause (a) of sub-section (1) or produced under clause (c) of that sub-section shall be returned to the person, from whom they were seized or who produced the same, within a period of twenty days of the date of such seizure or production, as the case may be, after copies thereof or extracts therefrom certified by that person, in such manner as may be prescribed, have been taken(4) where any article seized under sub-section (1) are subject to speedy or natural decay, the director general or such other officer may dispose of the article in such manner as may be prescribed45(5) in the case of articles other than the articles referred to in sub-section (4) , provisionscontained in clause (c) of sub-section (2) of section 38 shall mutatis mutandis apply inrelation to analysis or tests23 the central government may, if it considers necessary, by notification, designate any statutory authority or body to exercise the powers and perform the functions of the central authority referred to in section 10designation of any statutory authority or body to function as central authority appeal524 a person aggrieved by any order passed by the central authority undersections 20 and 21 may file an appeal to the national commission within a period of thirty days from the date of receipt of such ordergrants by central government25 the central government may, after due appropriation made by parliament by law inthis behalf, make to the central authority grants of such sums of money as that government may think fit for being utilised for the purposes of this act10accounts and audit26 (1) the central authority shall maintain proper accounts and other relevant recordsand prepare an annual statement of accounts in such form and manner as may be prescribed in consultation with the comptroller and auditor-general of india15(2) the accounts of the central authority shall be audited by the comptroller andauditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the central authority to the comptroller and auditor-general of india20(3) the comptroller and auditor-general of india or any other person appointed byhim in connection with the audit of the accounts of the central authority 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 central authority25(4) the accounts of the central authority as certified by the comptroller andauditor-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 which shall cause the same to be laid before each house of parliamentfurnishing of annual reports, etc3027 (1) the central authority shall prepare once in every year, in such form, mannerand at such time as may be prescribed, an annual report giving full account of its activities during the previous year and such other reports and returns, as may be directed, and copies of such report and returns shall be forwarded to the central government(2) a copy of the annual report received under sub-section (1) shall be laid, as soon as may be after it is received, before each house of parliament chapter iv35 consumer disputes redressal commission28 (1) the state government shall, by notification, establish a district consumer disputes redressal commission, to be known as the district commission, in each district of the state:establishment of district consumer disputes redressal commission40provided that the state government may, if it deems fit, establish more than one district commission in a district(2) each district commission shall consist of—(a) a president; and (b) not less than two and not more than such number of members as may be prescribed, in consultation with the central government 29 the central government may, by notification, make rules to provide for the qualifications, method of recruitment, procedure for appointment, term of office, resignation and removal of the president and members of the district commissionqualifications, etc, of president and members of district commission530 the state government may, by notification, make rules to provide for salaries and allowances and other terms and conditions of service of the president, and members of the district commissionsalaries, allowances and other terms and conditions of service of president and members of district commissiontransitional provision1031 any person appointed as president or, as the case may be, a member of the district commission immediately before the commencement of this act shall hold office as such as president or, as the case may be, as member till the completion of his term for which he has been appointed32 if, at any time, there is a vacancy in the office of the president or member of a district commission, the state government may, by notification, direct—vacancy in office of member of district commission(a) any other district commission specified in that notification to exercise the jurisdiction in respect of that district also; or15(b) the president or a member of any other district commission specified in that notification to exercise the powers and discharge the functions of the president or member of that district commission also2033 (1) the state government shall provide the district commission with such officers and other employees as may be required to assist the district commission in the discharge of its functionsofficers and other employees of district commission(2) the officers and other employees of the district commission shall discharge their functions under the general superintendence of the president of the district commission25(3) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the district commission shall be such as may be prescribedjurisdiction of district commission34 (1) subject to the other provisions of this act, the district commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees:30provided that where the central government deems it necessary so to do, it may prescribe such other value, as it deems fit(2) a complaint shall be instituted in a district commission within the local limits of whose jurisdiction,—(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or35(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the district commission is given; or40(c) the cause of action, wholly or in part, arises; or (d) the complainant resides or personally works for gain(3) the district commission shall ordinarily function in the district headquarters and may perform its functions at such other place in the district, as the state government may, in consultation with the state commission, notify in the official gazette from time to time535 (1) a complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a district commission by—manner in which complaint shall be made(a) the consumer,—(i) to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided; or(ii) who alleges unfair trade practice in respect of such goods or service;10(b) any recognised consumer association, whether the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided, or who alleges unfair trade practice in respect of such goods or service, is a member of such association or not;15(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the district commission, on behalf of, or for the benefit of, all consumers so interested; or(d) the central government, the central authority or the state government, as the case may be:20provided that the complaint under this sub-section may be filed electronically in such manner as may be prescribedexplanation—for the purposes of this sub-section, "recognised consumer association" means any voluntary consumer association registered under any law for the time being in force25(2) every complaint filed under sub-section (1) shall be accompanied with such fee and payable in such manner, including electronic form, as may be prescribed36 (1) every proceeding before the district commission shall be conducted by the president of that commission and atleast one member thereof, sitting together:proceedings before districtcommission30provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the president and the other member shall continue the proceeding from the stage at which it was last heard by the previous member(2) on receipt of a complaint made under section 35, the district commission may, by order, admit the complaint for being proceeded with or reject the same:35provided that a complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant:provided further that the admissibility of the complaint shall ordinarily be decidedwithin twenty-one days from the date on which the complaint was filed(3) where the district commission does not decide the issue of admissibility of the complaint within the period so specified, it shall be deemed to have been admitted40reference to mediation37 (1) at the first hearing of the complaint after its admission, or at any later stage, ifit appears to the district commission that there exists elements of a settlement which may be acceptable to the parties, except in such cases as may be prescribed, it may direct the parties to give in writing, within five days, consent to have their dispute settled by mediation in accordance with the provisions of chapter v45(2) where the parties agree for settlement by mediation and give their consent in writing, the district commission shall, within five days of receipt of such consent, refer the matter for mediation, and in such case, the provisions of chapter v, relating to mediation, shall apply38 (1) the district commission shall, on admission of a complaint, or in respect of cases referred for mediation on failure of settlement by mediation, proceed with such complaintprocedure on admission of complaint5(2) where the complaint relates to any goods, the district commission shall,—(a) refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by it;10(b) if the opposite party on receipt of a complaint referred to him under clause (a)denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the district commission, proceed to settle the consumer dispute in the manner specified in clauses (c) to (g);15 20(c) if the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, obtain a sample of the goods from the complainant, seal it and authenticate it in the manner as may be prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory to make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the district commission within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by it;25(d) before any sample of the goods is referred to any appropriate laboratory under clause (c), require the complainant to deposit to the credit of the commission such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question;30(e) remit the amount deposited to its credit under clause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, it shall forward a copy of the report along with such remarks as it may feel appropriate to the opposite party;(f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, require the opposite party or the complainant to submit in writing his objections with regard to the report made by the appropriate laboratory;35(g) give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause (f) and issue an appropriate order under section 3940(3) the district commission shall, if the complaint admitted by it under section 36relates to goods in respect of which the procedure specified in sub-section (2) cannot be followed, or if the complaint relates to any services,—(a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the district commission;45(b) if the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the district commission, it shall proceed to settle the consumer dispute—(i) on the basis of evidence brought to its notice by the complainant and the opposite party, if the opposite party denies or disputes the allegations contained in the complaint, or5(ii) ex parte on the basis of evidence brought to its notice by the complainant, where the opposite party omits or fails to take any action to represent his case within the time given by the commission; (c) decide the complaint on merits if the complainant fails to appear on the date of hearing10(4) for the purposes of sub-sections (2) and (3), the district commission may, by order, require an electronic service provider to provide such information, documents or records, as may be specified in that order(5) no proceedings complying with the procedure laid down in sub-sections (1) and(2) shall be called in question in any court on the ground that the principles of natural justice have not been complied with15(6) every complaint shall be heard by the district commission on the basis of affidavit and documentary evidence placed on record:provided that where an application is made for hearing or for examination of parties in person or through video conferencing, the district commission may, on sufficient cause being shown, and after recording its reasons in writing, allow the same20(7) every complaint shall be disposed of as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities:25provided that no adjournment shall ordinarily be granted by the district commission unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the commission:provided further that the district commission shall make such orders as to the costs occasioned by the adjournment as may be specified by regulations:30provided also that in the event of a complaint being disposed of after the period so specified, the district commission shall record in writing, the reasons for the same at the time of disposing of the said complaint(8) where during the pendency of any proceeding before the district commission, if it appears necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case35 5 of 1908(9) for the purposes of this section, the district commission shall have the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit in respect of the following matters, namely:—(a) the summoning and enforcing the attendance of any defendant or witnessand examining the witness on oath;40(b) requiring the discovery and production of any document or other materialobject as evidence;(c) receiving of evidence on affidavits; (d) the requisitioning of the report of the concerned analysis or test from theappropriate laboratory or from any other relevant source;45(e) issuing of commissions for the examination of any witness, or document;and(f) any other matter which may be prescribed by the central government45 of 1860 2 of 19745(10) every proceeding before the district commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code, and the district commission shall be deemed to be a criminal court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 19735 of 190810(11) where the complainant is a consumer referred to in sub-clause (v) of clause (5) of section 2, the provisions of order i rule 8 of the first schedule to the code of civil procedure, 1908 shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the district commission thereon5 of 190815(12) in the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of order xxii of the first schedule to the code of civil procedure, 1908 shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may befindings of district commission2039 (1) where the district commission is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices, or claims for compensation under product liability are proved, it shall issue an order to the opposite party directing him to do one or more of the following, namely:—(a) to remove the defect pointed out by the appropriate laboratory from the goods in question;(b) to replace the goods with new goods of similar description which shall befree from any defect;25(c) to return to the complainant the price, or, as the case may be, the charges paidby the complainant along with such interest on such price or charges as may be decided;30(d) to pay such amount as may be awarded by it as compensation to the consumerfor any loss or injury suffered by the consumer due to the negligence of the opposite party:provided that the district commission shall have the power to grant punitive damages in such circumstances as it deems fit;(e) to pay such amount as may be awarded by it as compensation in a product liability action under chapter vi;35(f) to remove the defects in goods or deficiencies in the services in question; (g) to discontinue the unfair trade practice or restrictive trade practice and not torepeat them;(h) not to offer the hazardous or unsafe goods for sale; (i) to withdraw the hazardous goods from being offered for sale;40(j) to cease manufacture of hazardous goods and to desist from offering serviceswhich are hazardous in nature;(k) to pay such sum as may be determined by it, if it is of the opinion that loss orinjury has been suffered by a large number of consumers who are not identifiable conveniently:45provided that the minimum amount of sum so payable shall not be less than twenty-five per cent of the value of such defective goods sold or service provided, as the case may be, to such consumers;(l) to issue corrective advertisement to neutralise the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement;(m) to provide for adequate costs to parties; and (n) to cease and desist from issuing any misleading advertisement5(2) any amount obtained under sub-section (1) shall be credited to such fund and utilised in such manner as may be prescribed10(3) in any proceeding conducted by the president and a member and if they differ on any point or points, they shall state the point or points on which they differ and refer the same to another member for hearing on such point or points and the opinion of the majority shall be the order of the district commission:provided that the other member shall give his opinion on such point or points referred to him within a period of one month from the date of such reference(4) every order made by the district commission under sub-section (1) shall be signed by the president and the member who conducted the proceeding:15provided that where the order is made as per majority opinion under sub-section (3), such order shall also be signed by the other member40 the district commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order20review by district commission in certain cases appeal against order of district commission41 any person aggrieved by an order made by the district commission may prefer an appeal against such order to the state commission on the grounds of facts or law within a period of forty-five days from the date of the order, in such form and manner, as may be prescribed:25provided that the state commission may entertain an appeal after the expiry of the said period of forty-five days, if it is satisfied that there was sufficient cause for not filing it within that period:30provided further that no appeal by a person, who is required to pay any amount in terms of an order of the district commission, shall be entertained by the state commission unless the appellant has deposited fifty per cent of that amount in the manner as may be prescribed:provided also that no appeal shall lie from any order passed under sub-section (1) of section 81 by the district commission pursuant to a settlement by mediation under section 803542 (1) the state government shall, by notification, establish a state consumer disputes redressal commission, to be known as the state commission, in the stateestablishment of state consumer disputes redressal commission(2) the state commission shall ordinarily function at the state capital and perform its functions at such other places as the state government may in consultation with the state commission notify in the official gazette:40provided that the state government may, by notification, establish regional benches of the state commission, at such places, as it deems fit(3) each state commission shall consist of—(a) a president; and (b) not less than four or not more than such number of members as may be prescribed in consultation with the central government4543 the central government may, by notification, make rules to provide for the qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the president and members of the state commissionqualifications, etc, of president and members of state commission544 the state government may, by notification, make rules to provide for salaries and allowances and other terms and conditions of service of the president and members of the state commissionsalaries, allowances and other terms and conditions of service of president and members of state commissiontransitional provision45 any person appointed as president or, as the case may be, a member of the state commission immediately before the commencement of this act shall hold office as such, as president or member, as the case may be, till the completion of his term1046 (1) the state government shall determine the nature and categories of the officers and other employees required to assist the state commission in the discharge of its functions and provide the commission with such officers and other employees as it may think fitofficers and employees of state commission(2) the officers and other employees of the state commission shall discharge their functions under the general superintendence of the president15(3) the salaries and allowances payable to and the other terms and conditions ofservice of, the officers and other employees of the state commission shall be such as may be prescribed47 (1) subject to the other provisions of this act, the state commission shall have jurisdiction—jurisdiction of state commission20(a) to entertain—(i) complaints where the value of the goods or services paid as consideration, exceeds rupees one crore, but does not exceed rupees ten crore:provided that where the central government deems it necessary so to do, it may prescribe such other value, as it deems fit;25(ii) complaints against unfair contracts, where the value of goods orservices paid as consideration does not exceed ten crore rupees;(iii) appeals against the orders of any district commission within thestate; and30(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any district commission within the state, where it appears to the state commission that such district commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity35(2) the jurisdiction, powers and authority of the state commission may be exercised by benches thereof, and a bench may be constituted by the president with one or more members as the president may deem fit:provided that the senior-most member shall preside over the bench40(3) where the members of a bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the president 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 and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it:5provided that the president or the other members, as the case may be, shall give opinion on the point or points so referred within a period of one month from the date of such reference(4) a complaint shall be instituted in a state commission within the limits of whose jurisdiction,—10(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided in such case, the permission of the state commission is given; or15(c) the cause of action, wholly or in part, arises; or(d) the complainant resides or personally works for gaintransfer of cases2048 on the application of the complainant or of its own motion, the state commission may, at any stage of the proceeding, transfer any complaint pending before a district commission to another district commission within the state if the interest of justice so requires49 (1) the provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be necessary, be applicable to the disposal of complaints by the state commissionprocedure applicable to state commission25(2) without prejudice to the provisions of sub-section (1), the state commission may also declare any terms of contract, which is unfair to any consumer, to be null and void50 the state commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such orderreview by state commission in certain cases30appeal to national commission51 (1) any person aggrieved by an order made by the state commission in exercise of its powers conferred by sub-clauses (i) or (ii) of clause (a) of sub-section (1) of section 47may prefer an appeal against such order to the national commission within a period of thirty days from the date of the order in such form and manner as may be prescribed:35provided that the national commission shall not entertain the appeal after the expiry of the said period of thirty days unless it is satisfied that there was sufficient cause for not filing it within that period:provided further that no appeal by a person, who is required to pay any amount in terms of an order of the state commission, shall be entertained by the national commission unless the appellant has deposited fifty per cent of that amount in the manner as may be prescribed40(2) save as otherwise expressly provided under this act or by any other law for the time being in force, an appeal shall lie to the national commission from any order passed in appeal by any state commission, if the national commission is satisfied that the case involves a substantial question of law45(3) in an appeal involving a question of law, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal(4) where the national commission is satisfied that a substantial question of law is involved in any case, it shall formulate that question and hear the appeal on that question:provided that nothing in this sub-section shall be deemed to take away or abridge the power of the national commission to hear, for reasons to be recorded in writing, the appeal on any other substantial question of law, if it is satisfied that the case involves such question of law5(5) an appeal may lie to the national commission under this section from an orderpassed ex parte by the state commissionhearing of appeal52 an appeal filed before the state commission or the national commission, as the case may be, shall be heard as expeditiously as possible and every endeavour shall be made to dispose of the appeal within a period of ninety days from the date of its admission:10provided that no adjournment shall ordinarily be granted by the state commission orthe national commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such commission:15provided further that the state commission or the national commission, as the case may be, shall make such orders as to the costs occasioned by the adjournment, as may be specified by regulations:provided also that in the event of an appeal being disposed of after the period so specified, the state commission or the national commission, as the case may be, shall record in writing the reasons for the same at the time of disposing of the said appeal2053 (1) the central government shall, by notification, establish a national consumer disputes redressal commission, to be known as the national commissionestablishment of national consumer disputes redressal commission(2) the national commission shall ordinarily function at the national capital region and perform its functions at such other places as the central government may in consultation with the national commission notify in the official gazette:25provided that the central government may, by notification, establish regional benches of the national commission, at such places, as it deems fit54 (1) the national commission shall consist of—composition of national commission(a) a president; and (b) not less than four and not more than such number of members as may be prescribed3055 (1) the central government may, by notification, make rules to provide forqualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the president and members of the national commission:qualifications, etc, of president and members of national commission35provided that the president and members of the national commission shall hold office for such term as specified in the rules made by the central government but not exceeding five years from the date on which he enters upon his office and shall be eligible for reappointment:40provided further that no president or members shall hold office as such after he has attained such age as specified in the rules made by the central government which shall not exceed,—(a) in the case of the president, the age of seventy years; (b) in the case of any other member, the age of sixty-seven years45(2) neither the salary and allowances nor the other terms and conditions of service of president and members of the national commission shall be varied to his disadvantage after his appointmenttransitional provision7 of 2017 68 of 198656 the president and every other member appointed immediately before the commencement of section 177 of the finance act, 2017 shall continue to be governed by the provisions of the consumer protection act, 1986 and the rules made thereunder as if this act had not come into force557 (1) the central government shall provide, in consultation with the president of the national commission, such number of officers and other employees to assist the national commission in the discharge of its functions as it may think fitother officers and employees of national commission(2) the officers and other employees of the national commission shall discharge their functions under the general superintendence of the president of the national commission10 (3) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the national commission shall be such as may be prescribed58 (1) subject to the other provisions of this act, the national commission shall have jurisdiction—jurisdiction of national commission15(a) to entertain—(i) complaints where the value of the goods or services paid as consideration exceeds rupees ten crore:provided that where the central government deems it necessary so to do, it may prescribe such other value, as it deems fit20(ii) complaints against unfair contracts, where the value of goods or services paid as consideration exceeds ten crore rupees;(iii) appeals against the orders of any state commission; (iv) appeals against the orders of the central authority; and25(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any state commission where it appears to the national commission that such state commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity30(2) the jurisdiction, powers and authority of the national commission may be exercised by benches thereof and a bench may be constituted by the president with one or more members as he may deem fit:provided that the senior-most member of the bench shall preside over the bench35(3) where the members of a bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the president 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 and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it:40provided that the president or the other member, as the case may be, shall give opinion on the point or points so referred within a period of two months from the date of such reference4559 (1) the provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be considered necessary, be applicable to the disposal of complaints by the national commissionprocedure applicable to national commission(2) without prejudice to sub-section (1), the national commission may also declare any terms of contract, which is unfair to any consumer to be null and void60 the national commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such orderreview by national commission in certain cases61 where an order is passed by the national commission ex parte, the aggrievedparty may make an application to the commission for setting aside such order5power to set aside ex parte orderstransfer of cases62 on the application of the complainant or of its own motion, the national commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the district commission of one state to a district commission of another state or before one state commission to another state commission10\| 63 \|\|----------------------------------------------------------------------------------------------\|\| occupying such office is, by reason of absence or otherwise, unable to perform the duties of \|\| his office, these shall be performed by the senior-most member of the national commission: \|\| vacancy in \|\| office of \|\| president of \|\| national \|\| commission \|15provided that where a retired judge of a high court or a person who has been a judicial member is a member of the national commission, such member or where the number of such members is more than one, the senior-most person amongst such members, shall preside over the national commission in the absence of president of that commission64 no act or proceeding of the district commission, the state commission or the national commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereofvacancies or defects in appointment not to invalidate orders20service of notice, etc2565 (1) all notices, required by this act to be served, shall be served by delivering ortransmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service, approved by the district commission, the state commission or the national commission, as the case may be, or by any other mode of transmission of documents including electronic means(2) without prejudice to the provisions contained in sub-section (1), the notice required by this act may be served on an electronic service provider at the address provided by it on the electronic platform from where it provides its services as such and for this purpose, the electronic service provider shall designate a nodal officer to accept and process such notices30 35(3) when an acknowledgment or any other receipt purporting to be signed by theopposite party or his agent or, as the case may be, by the complainant is received by the district commission, the state commission or the national commission, as the case may be, or postal article containing the notice is received back by such district commission, state commission or the national commission, with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub-section (1) when tendered or transmitted to him, the district commission or the state commission or the national commission, as the case may be, shall declare that the notice has been duly served on the opposite party or to the complainant, as the case may be:40 45provided that where the notice was properly addressed, pre-paid and duly sent byregistered post acknowledgment due, a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or misplaced, or for any other reason, has not been received by the district commission, the state commission or the national commission, as the case may be, within thirty days from the date of issue of notice(4) all notices required to be served on an opposite party or to complainant, as the case may be, shall be deemed to be sufficiently served, if addressed in the case of the opposite party, to the place where business or profession is carried on, and in case of the complainant, the place where such person actually and voluntarily resides566 where the national commission or the state commission, as the case may be, onan application by a complainant or otherwise, is of the opinion that it involves the larger interest of consumers, it may direct any individual or organisation or expert to assist the national commission or the state commission, as the case may beexperts to assist national commission or state commission10appeal against order of national commission67 any person, aggrieved by an order made by the national commission in exerciseof its powers conferred by sub-clauses (i) or (ii) of clause (a) of sub-section (1) of section 58, may prefer an appeal against such order to the supreme court within a period of thirty days from the date of the order:15provided that the supreme court may entertain an appeal after the expiry of the saidperiod of thirty days if it is satisfied that there was sufficient cause for not filing it within that period:provided further that no appeal by a person who is required to pay any amount in terms of an order of the national commission shall be entertained by the supreme court unless that person has deposited fifty per cent of that amount in the manner as may be prescribed20finality of orders68 every order of a district commission or the state commission or the nationalcommission, as the case may be, shall, if no appeal has been preferred against such order under the provisions of this act, be finallimitation period69 (1) the district commission, the state commission or the national commissionshall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen25(2) notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the district commission, the state commission or the national commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:30provided that no such complaint shall be entertained unless the district commissionor the state commission or the national commission, as the case may be, records its reasons for condoning such delayadministrative control3570 (1) the national commission shall have the authority to lay down such adequatestandards in consultation with the central government from time to time, for better protection of the interests of consumers and for that purpose, shall have administrative control over all the state commissions in the following matters, namely:—(a) monitoring performance of the state commissions in terms of their disposalby calling for periodical returns regarding the institution, disposal and pendency of cases;40(b) investigating into any allegations against the president and members of astate commission and submitting inquiry report to the state government concerned along with copy endorsed to the central government for necessary action;45(c) issuance of instructions regarding adoption of uniform procedure in thehearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of english translation of judgments written in any language, speedy grant of copies of documents;5(d) overseeing the functioning of the state commission or the district commission either by way of inspection or by any other means, as the national commission may like to order from time to time, to ensure that the objects and purposes of the act are best served and the standards set by the national commission are implemented without interfering with their quasi-judicial freedom (2) there shall be a monitoring cell to be constituted by the president of the national commission to oversee the functioning of the state commissions from the administrative point of view10(3) the state commission shall have administrative control over all the district commissions within its jurisdiction in all matters referred to in sub-section (1) (4) the national commission and the state commissions shall furnish to the central government periodically or as and when required, any information including the pendency of cases in such form and manner as may be prescribed15(5) the state commission shall furnish, periodically or as and when required to the state government any information including pendency of cases in such form and manner as may be prescribed5 of 19082071 every order made by a district commission, state commission or the national commission shall be enforced by it in the same manner as if it were a decree made by a court in a suit before it and the provisions of order xxi of the first schedule to the code of civil procedure, 1908 shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under this actenforcement of orders of district commission, state commission and national commission25penalty for noncompliance of order72 (1) whoever fails to comply with any order made by the district commission or the state commission or the national commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both2 of 197430(2) notwithstanding anything contained in the code of criminal procedure, 1973, thedistrict commission, the state commission or the national commission, as the case may be, shall have the power of a judicial magistrate of first class for the trial of offences under sub-section (1), and on conferment of such powers, the district commission or the statecommission or the national commission, as the case may be, shall be deemed to be a judicial magistrate of first class for the purposes of the code of criminal procedure, 197335(3) save as otherwise provided, the offences under sub-section (1) shall be tried summarily by the district commission or the state commission or the national commission, as the case may be2 of 1974appeal against order passed under section 7273 (1) notwithstanding anything contained in the code of criminal procedure, 1973, where an order is passed under sub-section (1) of section 72, an appeal shall lie, both on facts and on law from—40(a) the order made by the district commission to the state commission; (b) the order made by the state commission to the national commission; and (c) the order made by the national commission to the supreme court45 (2) except as provided in sub-section (1), no appeal shall lie before any court, from any order of a district commission or a state commission or the national commission, as the case may be(3) every appeal under this section shall be preferred within a period of thirty days from the date of order of a district commission or a state commission or the national commission, as the case may be:provided that the state commission or the national commission or the supreme court, as the case may be, may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period of thirty days 5 chapter v mediation74 (1) the state government shall establish, by notification, a consumer mediation cell to be attached to each of the district commissions and the state commissions of that stateestablishment of consumer mediation cell10(2) the central government shall establish, by notification, a consumer mediation cell to be attached to the national commission and each of the regional benches(3) a consumer mediation cell shall consist of such persons as may be prescribed (4) every consumer mediation cell shall maintain—(a) a list of empanelled mediators;15(b) a list of cases handled by the cell; (c) record of proceeding; and (d) any other information as may be specified by regulations20(5) every consumer mediation cell shall submit a quarterly report to the district commission, state commission or the national commission to which it is attached, in the manner specified by regulationsempanelment of mediators75 (1) for the purpose of mediation, the national commission or the state commission or the district commission, as the case may be, shall prepare a panel of the mediators to be maintained by the consumer mediation cell attached to it, on the recommendation of a selection committee consisting of the president and a member of that commission25 30(2) the qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of training empanelled mediators, the fee payable to empanelled mediator, the terms and conditions for empanelment, the code of conduct for empanelled mediators, the grounds on which, and the manner in which, empanelled mediators shall be removed or empanelment shall be cancelled and other matters relating thereto, shall be such as may be specified by regulations(3) the panel of mediators prepared under sub-section (1) shall be valid for a period of five years, and the empanelled mediators shall be eligible to be considered for re-empanelment for another term, subject to such conditions as may be specified by regulations35nomination of mediators from panel76 the district commission, the state commission or the national commission shall, while nominating any person from the panel of mediators referred to in section 75, consider his suitability for resolving the consumer dispute involvedduty of mediator to disclose certain facts4077 it shall be the duty of the mediator to disclose—(a) any personal, professional or financial interest in the outcome of the consumer dispute;(b) the circumstances which may give rise to a justifiable doubt as to his independence or impartiality; and(c) such other facts as may be specified by regulations45replacement of mediator in certain cases78 where the district commission or the state commission or the nationalcommission, as the case may be, is satisfied, on the information furnished by the mediator or on the information received from any other person including parties to the complaint and after hearing the mediator, it shall replace such mediator by another mediatorprocedure for mediation79 (1) the mediation shall be held in the consumer mediation cell attached to the district commission, the state commission or the national commission, as the case may be5(2) where a consumer dispute is referred for mediation by the district commission or the state commission or the national commission, as the case may be, the mediator nominated by such commission shall have regard to the rights and obligations of the parties, the usages of trade, if any, the circumstances giving rise to the consumer dispute and such other relevant factors, as he may deem necessary and shall be guided by the principles of natural justice while carrying out mediation(3) the mediator so nominated shall conduct mediation within such time and in such manner as may be specified by regulations10settlement through mediation80 (1) pursuant to mediation, if an agreement is reached between the parties with respect to all of the issues involved in the consumer dispute or with respect to only some of the issues, the terms of such agreement shall be reduced to writing accordingly, and signed by the parties to such dispute or their authorised representatives15(2) the mediator shall prepare a settlement report of the settlement and forward the signed agreement along with such report to the concerned commission(3) where no agreement is reached between the parties within the specified time or the mediator is of the opinion that settlement is not possible, he shall prepare his report accordingly and submit the same to the concerned commission20recording settlement and passing of order81 (1) the district commission or the state commission or the national commission, as the case may be, shall, within seven days of the receipt of the settlement report, pass suitable order recording such settlement of consumer dispute and dispose of the matter accordingly25(2) where the consumer dispute is settled only in part, the district commission or the state commission or the national commission, as the case may be, shall record settlement of the issues which have been so settled and continue to hear other issues involved in such consumer dispute(3) where the consumer dispute could not be settled by mediation, the district commission or the state commission or the national commission, as the case may be, shall continue to hear all the issues involved in such consumer dispute30 chapter vi product liabilityapplication of chapter3582 this chapter shall apply to every claim for compensation under a product liability action by a complainant for any harm caused by a defective product manufactured by a product manufacturer or serviced by a product service provider or sold by a product sellerproduct liability action83 a product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product84 (1) a product manufacturer shall be liable in a product liability action, if—(a) the product contains a manufacturing defect; or40liability of product manufacturer(b) the product is defective in design; or (c) there is a deviation from manufacturing specifications; or (d) the product does not conform to the express warranty; or (e) the product fails to contain adequate instructions of correct usage to prevent any harm or any warning regarding improper or incorrect usage45(2) a product manufacturer shall be liable in a product liability action even if he proves that he was not negligent or fraudulent in making the express warranty of a product85 a product service provider shall be liable in a product liability action, if—5liability of product service provider(a) the service provided by him was faulty or imperfect or deficient or inadequate in quality, nature or manner of performance which is required to be provided by or under any law for the time being in force, or pursuant to any contract or otherwise; or(b) there was an act of omission or commission or negligence or conscious withholding any information which caused harm; or10(c) the service provider did not issue adequate instructions or warnings to prevent any harm; or(d) the service did not conform to express warranty or the terms and conditions of the contractliability of product sellers86 a product seller who is not a product manufacturer shall be liable in a product liability action, if—15(a) he has exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm; or(b) he has altered or modified the product and such alteration or modification was the substantial factor in causing the harm; or20(c) he has made an express warranty of a product independent of any express warranty made by a manufacturer and such product failed to conform to the express warranty made by the product seller which caused the harm; or25(d) the product has been sold by him and the identity of product manufacturer of such product is not known, or if known, the service of notice or process or warrant cannot be effected on him or he is not subject to the law which is in force in india or the order, if any, passed or to be passed cannot be enforced against him; or(e) he failed to exercise reasonable care in assembling, inspecting or maintaining such product or he did not pass on the warnings or instructions of the product manufacturer regarding the dangers involved or proper usage of the product while selling such product and such failure was the proximate cause of the harm3087 (1) a product liability action cannot be brought against the product seller if, at the time of harm, the product was misused, altered, or modifiedexceptions to product liability action(2) in any product liability action based on the failure to provide adequate warnings or instructions, the product manufacturer shall not be liable, if—35(a) the product was purchased by an employer for use at the workplace and the product manufacturer had provided warnings or instructions to such employer;(b) the product was sold as a component or material to be used in another product and necessary warnings or instructions were given by the product manufacturer to the purchaser of such component or material, but the harm was caused to the complainant by use of the end product in which such component or material was used;40(c) the product was one which was legally meant to be used or dispensed only by or under the supervision of an expert or a class of experts and the product manufacturer had employed reasonable means to give the warnings or instructions for usage of such product to such expert or class of experts; or45(d) the complainant, while using such product, was under the influence of alcohol or any prescription drug which had not been prescribed by a medical practitioner (3) a product manufacturer shall not be liable for failure to instruct or warn about a danger which is obvious or commonly known to the user or consumer of such product or which, such user or consumer, ought to have known, taking into account the characteristics of such product5 chapter vii offences and penalties88 whoever, fails to comply with any direction of the central authority under sections20 and 21, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to twenty lakh rupees, or with bothpenalty for noncompliance of direction of central authority10punishment for false or misleading advertisement89 any manufacturer or service provider who causes a false or misleading advertisement to be made which is prejudicial to the interest of consumers shall be punished with imprisonment for a term which may extend to two years and with fine which may extend to ten lakh rupees; and for every subsequent offence, be punished with imprisonment for a term which may extend to five years and with fine which may extend to fifty lakh rupees1590 (1) whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any product containing an adulterant shall be punished, if such act—(a) does not result in any injury to the consumer, with imprisonment for a term which may extend to six months and with fine which may extend to one lakh rupees;20punishment for manufacturing for sale or storing, selling or distributing or importing products containing adulterant(b) causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees;25(c) causing injury resulting in grievous hurt to the consumer, with imprisonment for a term which may extend to seven years and with fine which may extend to five lakh rupees; and(d) results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but which may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees30(2) the offences under clauses (c) and (d) of sub-section (1) shall be cognizable and non-bailable(3) notwithstanding the punishment under sub-section (1), the court may, in case of first conviction, suspend any licence issued to the person referred to in that sub-section, under any law for the time being in force, for a period up to two years, and in case of second or subsequent conviction, cancel the licence35explanation—for the purposes of this section,—(a) "adulterant" means any material including extraneous matter which is employed or used for making a product unsafe;45 of 1860(b) "grievous hurt" shall have the same meaning as assigned to it in section 320of the indian penal code4091 (1) whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any spurious goods shall be punished, if such act—(a) causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees;45punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods(b) causing injury resulting in grievous hurt to the consumer, with imprisonment for a term which may extend to seven years and with fine which may extend to five lakh rupees;5(c) results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees (2) the offences under clauses (b) and (c) of sub-section (1) shall be cognizable and non-bailable10(3) notwithstanding the punishment under sub-section (1), the court may, in case of first conviction, suspend any licence issued to the person referred to in that sub-section, under any law for the time being in force, for a period up to two years, and in case of second or subsequent conviction, cancel the licencecognizance of offence by court92 no cognizance shall be taken by a competent court of any offence under sections88 and 89 except on a complaint filed by the central authority or any officer authorised by it in this behalf15vexatious search93 the director general or any other officer, exercising powers under section 22, who knows that there are no reasonable grounds for so doing, and yet—(a) searches, or causes to be searched any premises; or (b) seizes any record, register or other document or article,20shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both chapter viii miscellaneous2594 for the purposes of preventing unfair trade practices in e-commerce, direct selling and also to protect the interest and rights of consumers, the central government may take such measures in the manner as may be prescribedmeasures to prevent unfair trade practices in ecommerce, direct selling, etc30presidents, members, chief commissioner, commissioner and certain officers to be public servants45 of 186095 the presidents and members of the district commission, the state commission and the national commission, and officers and other employees thereof, the chief commissioner and the commissioner of the central authority, the director general, the additional director general, the director, the joint director, the deputy director and the assistant director and all other officers and employees of the central authority and other persons performing any duty under this act, while acting or purporting to act in pursuance of any of the provisions of this act, shall be deemed to be public servants within the meaning of section 21 of the indian penal code35compounding of offences96 (1) any offence punishable under sections 88 and 89, may, either before or afterthe institution of the prosecution, be compounded, on payment of such amount as may be prescribed:provided that no compounding of such offence shall be made without the leave of the court before which a complaint has been filed under section 92:40provided further that such sum shall not, in any case, exceed the maximum amount ofthe fine, which may be imposed under this act for the offence so compounded(2) the central authority or any officer as may be specially authorised by him in this behalf, may compound offences under sub-section (1) (3) nothing in sub-section (1) shall apply to person who commits the same or similar offence, within a period of three years from the date on which the first offence, committed by him, was compounded5explanation—for the purposes of this sub-section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence(4) where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded102 of 1974(5) the acceptance of the sum of money for compounding an offence in accordance with sub-section (1) by the central authority or an officer of the central authority empowered in this behalf shall be deemed to amount to an acquittal within the meaning of the code of criminal procedure, 19731597 the penalty collected under section 21 and the amount collected under section 96shall be credited to such fund as may be prescribedmanner of crediting penalty protection of action taken in good faith98 no suit, prosecution or other legal proceeding shall lie against the presidents and members of the district commission, the state commission and the national commission, the chief commissioner, the commissioner, any officer or employee and other person performing any duty under this act, for any act which is in good faith done or intended to be done in pursuance of this act or under any rule or order made thereunder20power to give directions by central government99 (1) without prejudice to the foregoing provisions of this act, the central authority, shall, in exercise of its powers or the performance of its functions under this act, be bound by such directions on questions of policy, as the central government may give in writing to it from time to time:25provided that the central authority shall, as far as practicable, be given an opportunityto 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 final100 the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force30act not in derogation of any other law101 (1) the central government may, by notification, make rules for carrying out any of the provisions contained in this actpower of central government to make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for, —35(a) the other class or classes of persons including public utility entities underclause (19) of section 2;(b) the contest, lottery, game of chance or skill which are to be exempted underitem (b) of sub-clause (iii) of clause (47) of section 2;40(c) the manner of issuing bill or cash memo or receipt for goods sold or servicesrendered under sub-clause (vii) of clause (47) of section 2;(d) the number of other official or non-official members of the central councilunder clause (b) of sub-section (2) of section 3;(e) the time and place of meeting of central council and the procedure for thetransaction of its business under sub-section (2) of section 4;45(f) the number of commissioners in the central authority under sub-section (2)of section 10;(g) the qualifications for appointment, method of recruitment, procedure of appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the chief commissioner and other commissioners of the central authority under section 11;5(h) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the central authority under sub-section (2) of section 13;10(i) the qualifications for appointment of director general, additional director general, director, joint director, deputy director and assistant director and the manner of appointment under sub-section (2) of section 15;(j) the manner of taking copies or extracts of document, record or article seized or produced before returning to the person under sub-section (3) of section 22;(k) the officer and the manner of disposing of articles which are subject to speedy or natural decay under sub-section (4) of section 22;15(l) the form and manner for preparing annual statement of accounts by the central authority in consultation with the comptroller and auditor-general of india under sub-section (1) of section 26;20(m) the form in which, and the time within which, an annual report, other reports and returns may be prepared by the central authority under sub-section (1) of section 27;(n) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of president and members of the district commission under section 29;25(o) the other value of goods and services in respect of which the district commission shall have jurisdiction to entertain complaints under proviso to sub-section (1) of section 34;(p) the manner of electronically filing complaint under the proviso to sub-section (1)of section 35;30(q) the fee, electronic form and the manner of payment of fee for filing complaint under sub-section (2) of section 35;(r) the cases which may not be referred for settlement by mediation under sub-section (1) of section 37;(s) the manner of authentication of goods sampled in case of the national commission under clause (c) of sub-section (2) of section 38;35(t) any other matter which may be prescribed under clause (f) of sub-section (9)of section 38;(u) the fund where the amount obtained may be credited and the manner of utilisation of such amount under sub-section (2) of section 39;(v) the form and the manner in which appeal may be preferred to the state commission under section 41;40(w) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of the president and members of the state commission under sub-section (4) of section 43;45(x) the other value of goods and services in respect of which the state commission shall have jurisdiction under the proviso to sub-clause (i) of clause (a) of sub-section(1) of section 47;(y) the form and manner of filing appeal to the national commission, and the manner of depositing fifty per cent of the amount before filing appeal, under sub-section (1) of section 51;(z) the number of members of the national commission under clause (b) of sub-section (1) of section 54;5 (za) the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the president and members of the national commission under sub-section (1) of section 55;10(zb) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the national commission under sub-section (3) of section 57;(zc) the other value of goods and services in respect of which the national commission shall have jurisdiction under the proviso to sub-clause (i) of clause (a) of sub-section (1) of section 58;15(zd) the manner of depositing fifty per cent of the amount under the second proviso to section 67;(ze) the form in which the national commission and the state commission shall furnish information to the central government under sub-section (4) of section 70;(zf) the persons in the consumer mediation cell under sub-section (3) of section 74;20(zg) the measures to be taken by the central government to prevent unfair trade practices in e-commerce, direct selling under section 94;(zh) the amount for compounding offences under sub-section (1) of section 96;(zi) the fund to which the penalty and amount collected shall be credited under section 97; and25(zj) any other matter which is to be, or may be, prescribed, or in respect of which provisions are to be, or may be, made by rules 102 (1) the state governments may, by notification, make rules for carrying out the provisions of this act:power of state government to make rules30provided that the central government may, frame model rules in respect of all or any of the matters with respect to which the state government may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the state until the rules in respect of that matter is made by the state government and while making any such rules, so far as is practicable, they shall conform to such model rules35(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the other class or classes of persons including public utility entities underclause (19) of section 2;40(b) the contest, lottery, game of chance or skill which are to be exempted underitem (b) of sub-clause (iii) of clause (47) of section 2;(c) the number of other official or non-official members of the state councilunder clause (b) of sub-section (2) of section 6;(d) the time and place of meeting of the state council and the procedure for thetransaction of its business under sub-section (4) of section 6;45(e) the number of other official and non-official members of district council under clause (b) of sub-section (2) of section 8;(f) the time and place of meeting of the district council and procedure for the transaction of its business under sub-section (4) of section 8;5(g) the number of members of the district commission under clause (b) of sub-section (2) of section 28;(h) the salaries and allowances payable to, and other terms and conditions of service of, the president and members of the district commission under section 30;10(i) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the district commission under sub-section (3) of section 33;(j) the manner of authentication of goods sampled by the state commission and the district commission under clause (c) of sub-section (2) of section 38;15(k) the manner of depositing fifty per cent of the amount before filing appeal under second proviso to section 41;(l) the number of members of the state commission under sub-section (3) of section 42;(m) the salaries and allowances payable to, and other terms and conditions of service of, the president and members of the state commission under section 44;20(n) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the state commission under sub-section (3) of section 46;(o) the form in which the state commission shall furnish information to the state government under sub-section (5) of section 70;25(p) the persons in the consumer mediation cell under sub-section (3) of section 74;(q) any other matter which is to be, or may be prescribed, or in respect of which provisions are to be, or may be, made by rules30103 (1) the national commission may, with the previous approval of the central government, by notification, make regulations not inconsistent with this act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this actpower of national commission to make regulations(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may make provisions for—35(a) the costs for adjournment to be imposed by the district commission underthe second proviso to sub-section (7) of section 38;(b) the costs for adjournment to be imposed by the state commission or the national commission, as the case may be, under the second proviso to section 52;40(c) the maintenance of any other information by the consumer mediation cell under sub-section (4) of section 74;(d) the manner of submission of quarterly report by consumer mediation cell to the district commission, the state commission or the national commission under sub-section (5) of section 74;45(e) the qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of training empanelled mediators, the fee payable to empanelled mediator, the terms and conditions for empanelment, the code of conduct for empanelled mediators, the grounds on which, and the manner in which, empanelled mediators shall be removed or empanelment shall be cancelled and the other matters relating thereto under sub-section (2) of section 75;5(f) the conditions for re-empanelment of mediators for another term undersub-section (3) of section 75;(g) the other facts to be disclosed by mediators under clause (c) of section 77;(h) the time within which, and the manner in which, mediation may be conductedunder sub-section (3) of section 79; and(i) such other matter for which provision is to be, or may be, made by regulation10104 (1) the central authority may, with the previous approval of the central government, by notification, make regulations not inconsistent with this act, for the purpose of giving effect to the provisions of this actpower of central authority to make regulations(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—15(a) the procedure for engaging experts and professionals and the number ofsuch experts and professionals under sub-section (3) of section 13;(b) the procedure for transaction of business and the allocation of business ofthe chief commissioner and commissioner under sub-section (1) of section 14;20(c) the form, manner and time within which, inquiries or investigation made bythe director-general shall be submitted to the central authority under sub-section (5)of section 15; and(d) such other matter for which provision is to be, or may be, made by regulation25rules and regulations to be laid before each house of parliament30105 (1) every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation 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\| ( \| 2 \| ) every rule made by a state government under this act shall be laid as soon as may \|\|--------------------------------------------------------------------------------------------------\|--------------------------------------------------------------------------------------\|---------------------------------------------------------------------------------------\|\| be after it is made, before the state legislature \| \| \|\| 35 \| \| \|\| power to \| \| \|\| remove \| \| \|\| difficulties \| \| \|\| 106 \| if any difficulty arises in giving effect to the provisions of this act, the central \| \|\| government may, by order in the official gazette, make such provisions not inconsistent \| \| \|\| with the provisions of this act as appear to it to be necessary or expedient for removing the \| \| \|\| difficulty: \| \| \|\| provided that no such order shall be made after the expiry of a period of two years \| \| \|\| from the commencement of this act \| \| \|\| 40 \| \| \|\| 107 \| ( \| 1 \|\| repeal and \| \| \|\| savings \| \| \|\| 68 of 1986 \| \| \|\| ( \| 2 \| ) notwithstanding such repeal, anything done or any action taken or purported to \|\| have been done or taken 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 act \| \| \|\| 45 \| \| \|\| 10 of 1897 \| \| \|\| ( \| 3 \| ) the mention of particular matters in sub-section ( \|\| 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 consumer protection act, 1986 ( 68 of 1986) was enacted to provide for better protection of the interests of consumers and for the purpose of making provision for establishment of consumer protection councils and other authorities for the settlement of consumer disputes, etc although, the working of the consumer dispute redressal agencies has served the purpose to a considerable extent under the said act, the disposal of cases has not been fast due to various constraints several shortcomings have been noticed while administering the various provisions of the said act2 consumer markets for goods and services have undergone drastic transformation since the enactment of the consumer protection act in 1986 the modern market place contains a plethora of products and services the emergence of global supply chains, rise in international trade and the rapid development of e-commerce have led to new delivery systems for goods and services and have provided new options and opportunities for consumers equally, this has rendered the consumer vulnerable to new forms of unfair trade and unethical business practices misleading advertisements, tele-marketing, multi-level marketing, direct selling and e-commerce pose new challenges to consumer protection and will require appropriate and swift executive interventions to prevent consumer detriment therefore, it has become inevitable to amend the act to address the myriad and constantly emerging vulnerabilities of the consumers in view of this, it is proposed to repeal and reenact the act3 accordingly, a bill, namely, the consumer protection bill, 2018, was introduced in lok sabha on the 5th january, 2018 and was passed by that house on the 20th december, 2018 while the bill was pending consideration in rajya sabha, the sixteenth lok sabha was dissolved and the bill got lapsed hence, the present bill, namely, the consumer protection bill, 20194 the proposed bill provides for the establishment of an executive agency to be known as the central consumer protection authority (ccpa) to promote, protect and enforce the rights of consumers; make interventions when necessary to prevent consumer detriment arising from unfair trade practices and to initiate class action including enforcing recall, refund and return of products, etc this fills an institutional void in the regulatory regime extant currently, the task of prevention of or acting against unfair trade practices is not vested in any authority this has beenprovided for in a manner that the role envisaged for the ccpa complements that of the sector regulators and duplication, overlap or potential conflict is avoided5 the bill also envisages provisions for product liability action on account of harm caused to consumers due to a defective product or by deficiency in services further, provision of "mediation" as an alternate dispute resolution mechanism has also been provided6 the bill provides for several provisions aimed at simplifying the consumer dispute adjudication process of the consumer disputes redressal agencies, inter alia, relating to enhancing the pecuniary jurisdiction of the consumer disputes redressal agencies; increasing minimum number of members in the state consumer disputes redressal commissions and provisions for consumers to file complaints electronically, etc7 the bill seeks to achieve the above objectivesthe 2nd july, 2019 notes on clausesclause 1—this clause provides for the short title, commencement and application of the proposed legislationclause 2 -this clause provides for the definition of the expressions used in the proposed legislationclause 3-this clause provides for establishment of a central consumer protection council by the central government, which shall be an advisory council it also provides for its compositionclause 4-this clause provides for the procedure for meetings of central councilclause 5-this clause provides for the objects of central council, which shall be to render advice on promotion and protection of the consumers' rightsclause 6-this clause provides for establishment of state council by the state governments, which shall be an advisory council it also provides for its compositionclause 7-this clause provides for the objects of the state council, which shall be to render advice on promotion and protection of the consumers' rightsclause 8-this clause provides for establishment of district consumer protection councils by the state governments, which shall be advisory councilsclause 9-this clause provides for the objects of the district consumer protection councils, which shall be to render advice on promotion and protection of the consumers' rightsclause 10-this clause provides for establishment of central consumer protection authority comprising of a chief commissioner and such number of other commissioners as may be prescribed, and its headquarter and regional and other officesclause 11-this clause provides that the central government may, by notification,make rules to provide for the qualifications for appointment, method of recruitment, procedure for appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of the service of the chief commissioner and commissioners of the central authorityclause 12-this clause provides that vacancy, etc, in the central authority shall not invalidate proceedings of central authorityclause 13-this clause provides that the central government shall provide the central authority such number of officers and other employees as it considers necessary for the efficient performance of its functions under this legislation, and empowers the central government to prescribe the salary and allowances and the other terms and conditions of service of, the officers and other employees of the central authority and also empowers the central authority to engage, in accordance with the procedure specified by regulations, such number of experts and professionals to assist it in the discharge of its functionsclause 14- this clause provides that the central authority shall regulate the procedure for transaction of its business and allocation of its business among chief commissioner and commissioners as may be specified by regulationsclause 15-this clause provides for setting up of an investigation wing in the central authority headed by a director-general and with such number of additional director-general, director, joint director, deputy director and assistant director, and delegation of powers by director-general to them as the case may be, while conducting inquiries or investigationsthe form and manner of investigation or inquiry by director-general and submission to central authority as may be specified by regulationsclause 16- this clause provides for powers of the district collector on matters relating to violations of consumer rights, unfair trade practices and false or misleading advertisements, within his jurisdiction and submit his report to the central authority or to the commissioner of a regional office, as the case may beclause 17-this clause provides for filing of complaint relating to violation of consumer rights or unfair trade practices or false or misleading advertisements which are prejudicial to the interests of consumers as a class, before the district collector or the commissioner of regional officer of the central authorityclause 18--this clause provides for the powers and functions of the central authority clause 19-this clause provides for the power of central authority to cause investigation to be made by the director-general or by the district collector or to refer matter for investigation to other regulatorclause 20- this clause provides for the power of central authority to recall goods, or withdrawal of services which are dangerous, hazardous or unsafe; reimbursement of the prices of goods or services so recalled to purchasers of such goods or services; and discontinuation of practices which are unfair and prejudicial to consumers' interestclause 21-this clause provides for the power of central authority to issue directions against false or misleading advertisements including imposition of penaltiesclause 22-this clause provides for the power of the director-general or any other officer authorised by him or the district collector for search and seizure after preliminary inquiry if there is any reason to believe that any person has violated any consumer rights or committed unfair trade practice or causes any false or misleading advertisementclause 23- this clause provides that the central government may, if it considers necessary, by notification, designate any statutory authority or body to exercise the powers and perform the functions of the central authority referred to in clause 10clause 24-this clause provides for preferring appeal to the national commission against any order passed by the central authority under clauses 20 and 21clause 25-this clause provides for making provision of grants by the centralgovernment to the central authority for being utilised for the purposes of this actclause 26-this clause provides for maintenance of proper accounts and other relevant records, preparation of 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 indiaclause 27-this clause provides that the central authority shall submit an annual report on its functioning and performance and such other reports and returns as may be directed, and copies of such reports and returns shall be forwarded to the central governmentclause 28-this clause provides for establishment of district consumer disputes redressal commission at the district level by the state government with a president and not less than two members and not more than such number of members as may be prescribed in consultation with central government in each district commission this clause also empowers the state government to establish more than one district commission in a districtclause 29-this clause provides that the central government may, by notification, make rules to provide for the qualifications, method of recruitment, procedure for appointment, term of office, resignation and removal of the president and members of the district commissionclause 30- this clause provides that the state government may, by notification, make rules to provide for salaries and allowances and other terms and conditions of service of the president, and members of the district commissionclause 31- this clause provides that any person appointed as president or, as the case may be, a member of the district commission immediately before the commencement of this act shall hold office as such as president, as the case may be, as member till the completion of his term for which he has been appointedclause 32-this clause empowers the state government to fill up the vacancies in the office of the president or member of a district commission, direct any other district commission to exercise the jurisdiction in respect of that district also; or the president or a member of any other district commission to exercise the powers and discharge the functions of the president or member of that district commission alsoclause 33-this clause makes provision for the state government to provide the district commission with such officers and other employees as may be required to assist the district commission in the discharge of its functions and that the officers and other employees of the district commission shall discharge their functions under the general superintendence of the president of the district commission this clause also makes provision for prescribing the salaries and allowances and the other terms and conditions of service of the officers and other employees of the district commission by the state governmentclause 34-this clause provides for the pecuniary and geographical jurisdiction for filing of complaints in the district commission the pecuniary jurisdiction shall be for value of goods or services not exceeding one crore rupees a consumer may file a complaint in a district commission within the local limits of whose jurisdiction he resides or personally works for gainclause 35-this clause provides the manner in which complaint shall be made including enabling provision for filing of complaints electronically, fee to be prescribed for filing of complaintsclause 36-this clause provides for the manner of conducting proceedings by the district commission and includes time limit of twenty-one days for admissibility of complaints, deemed admissibility of complaints if admissibility is not decided within the said twenty-one daysclause 37-this clause provides for reference by the district commission of acomplaint for mediation with the consent of both the parties to the disputeclause 38-this clause provides for the procedure on admission of a complaint by the district commissionclause 39-this clause provides for finding of the district commission, after the proceeding has been conducted in a complaint if the district commission is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices are proved this clause specifies the relief or compensation, a district commission may grant to a consumerclause 40-this clause provides that a district commission shall have the power to review its orders if there is any error apparent on the face of recordclause 41-this clause provides for appeal against order of the district commissionto the state commission on the grounds of facts or law in such form and manner as may be prescribed within a period of forty-five days from the date of the order; entertaining appeals by the state commission on being satisfied that there was sufficient cause for not filing it; entertaining appeal by the state commission only after the appellant has deposited in the prescribed manner fifty per cent of the amount ordered to be paid to the complainant; barring appeal from an order passed under clause 80 on the basis of settlement reached between the partiesclause 42-this clause provides for establishment of state commission by the state government, setting up of regional benches of the state commission, composition of the state commission having a president and not less than four and not more than such number of members, as may be prescribed by the state government in consultation with the central governmentclause 43-this clause empowers the central government to make rules for the qualification for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of the president and members of the state commissionclause 44 - this clause provides that the state government will make rules to provide for salaries and allowances and other terms and conditions of service of the president and members of the state commissionclause 45- this clause provides that any person appointed as president or, as the case may be, a member of the state commission immediately before the commencement of this act shall hold office as such, as president or member, as the case may be, till the completion of his termclause 46 - this clause makes provision for the state government to provide officers and other employees required to assist the state commission in the discharge of its functions and also to prescribe the salaries and allowances payable to and the other terms and conditions of service of, the officers and other employees of the state commissionclause 47-this clause provides for the pecuniary and geographical jurisdiction for filing of complaints in the state commission the pecuniary jurisdiction shall be for value of goods or services exceeds rupees one core but does not exceed rupees ten crore it also provides that a consumer can file a complaint in state commission within the local limits of whose jurisdiction he resides or personally works for gain clause 48-this clause empowers the state commission, at any stage of the proceeding, to transfer any complaint pending before the district commission to another district commission within the state if the interest of justice so requiresclause 49-this clause provides that the provisions under clauses 35, 36, 37, 38 and39 shall, with such modifications as may be necessary, be applicable for the disposal of disputes by the state commission and that the state commission will deal with matters relating to declaring any terms of contract, which is unfair to any consumer, to be null and voidclause 50-this clause empowers the state commission to review any order made by it, if there is an error apparent on the face of record either of its own motion or on anapplication made by any of the parties within thirty days of such orderclause 51-this clause provides for appeal against the order of the state commission to the national commission within a period of thirty days from the date of the order in such form and manner as may be prescribed if the appeal involves a substantial question of law; entertaining the appeal by the national commission after the expiry of the period of thirty days on being satisfied that there was sufficient cause for not filing it within that period; entertaining the appeal by the national commission only after the appellant has deposited in the prescribed manner fifty per cent of the amount ordered to be paidclause 52-this clause provides for disposal of appeal by the state commission or the national commission within a period of ninety days from the date of its admission; not granting of adjournment without sufficient cause; recording of reasons in writing if the appeal is disposed of after the specified period of ninety daysclause 53- this clause provides for establishment of the national consumer disputes redressal commission by the central government, which will ordinarily function in the national capital region and perform its functions at such other places as the central government may in consultation with the national commission notify in the official gazettethe central government to establish regional benches of the national commission at such places, as it deems fitclause 54-this clause provides for composition of the national commission with a president and not less than four and not more than such number of members, as may be prescribed by the central governmentclause 55- this clause empowers the central government may, by notification, to make rules to provide for qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the president and members of the national commission with provision that the president and members of the national commission shall hold office for such term as specified in the rules made by the central government but not exceeding five years from the date on which he enters upon his office and shall be eligible for re-appointment and that no president or member shall hold office as such after he has attained such age as specified in the rules made by the central government which shall not exceed seventy years in the case of the president and sixty-seven years in the case of any other member sub-clause (2) of this clause provides that neither the salary and allowances nor the other terms and conditions of service of president and members of the national commission shall be varied to his disadvantage after his appointmentclause 56-this clause provides that the president and every other member of the national commission appointed immediately before the commencement of section 177 of the finance act, 2017, shall continue to be governed by the provisions of the consumer protection act, 1986 and the rules made thereunder, as if this act had not come into forceclause 57-this clause makes provision for the central government to provide the national commission such number of officers and other employees to assist the national commission in the discharge of its functions and prescribing the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the national commissionclause 58-this clause provides for the original and appellate jurisdiction for filing of complaints in the national commission the pecuniary jurisdiction will be for value of goods and services exceeding ten crore rupeesclause 59-this clause provides that the provisions relating to complaints under clauses 35, 36, 37, 38 and 39 shall, with such modifications as may be necessary, be applicable to the disposal of disputes by the national commission sub-clause (2) provides that the national commission may also declare any terms of contract which is unfair to any consumer to be null and voidclause 60-this clause provides for the national commission to review its own orders if there is an error apparent on the face of the recordclause 61-this clause provides for the aggrieved party applying to the national commission setting aside its order passed ex-parteclause 62-this clause empowers the national commission, at any stage of the proceeding, either on the application of the complainant or of its own motion to transfer any complaint pending before the district commission of one state to a district commission of another state or before one state commission to another state commissionclause 63-this clause provides that in the case of the office of president in the national commission is vacant or a person occupying such office is, by reason of absence or otherwise, or the president is unable to perform the duties for any reasons, these shall be performed by the senior-most member of the national commissionclause 64- this clause provides that no act or proceeding of the district commission, the state commission or the national commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereofclause 65-this clause provides for the procedure for service of notice, etc clause 66-this clause provides that in the larger interest of consumers, the national commission or the state commission may direct any individual or organisation or expert to assist the national commission or the state commissionclause 67-this clause provides for appeal against the order of the national commission shall be made to the supreme court and every such appeal shall be entertained by the supreme court only after the appellant has deposited fifty per cent of the amount ordered by national commission in the manner as may be prescribed, etcclause 68 -this clause provides that every order of a district commission or the state commission or the national commission, as the case may be, shall, if no appeal has been preferred against such order under the provisions of this act, be finalclause 69 -this clause provides for a limitation period of two years from the date on which the cause of action has arisen for filing a complaint before the district commission, the state commission or the national commission with further provision that a complaint may be entertained after the limitation period if the complainant satisfies that he had sufficient cause for not filing the complaint within such period this clause also provides that no such complaint shall be entertained unless the district commission or the state commission or the national commission, as the case may be, records its reasons for condoning such delayclause 70-sub-clause (1) of this clause provides the administrative control of the national commission over all the state commissions and the district commissions to ensure that the objects and purposes of the act are best served and the standards set by the national commission are implemented without interfering with their quasi-judicial freedom in exercising administrative control, the national commission will have authority to lay down adequate standards in consultation with the central government from time to time for better protection of the interests of consumers; to monitor performance of the state commission in terms of their disposal by calling for periodical returns regarding the institution, disposal and pendency of cases; investigating into any allegations against the president and members of a state commission and submitting inquiry report to the state government concerned along with copy endorsed to the central government for necessary action; issuance of instructions regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of english translation of judgments written in any language, speedy grant of copies of documents; overseeing the functioning of the state commission or the district commission either by way of inspection or by any other means the president may like to order from time to time sub-clause (2) provides for constitution of a monitoring cell by the president of the national commission to oversee the functioning of the state commissions from the administrative point of view sub-clause (3) provides for the state commission to have administrative control over all the district commissions within its jurisdiction in all matters referred to in sub-clauses (1) and (2)sub-clause (4) provides for furnishing of any information including the pendency of cases by the national commission and the state commission to the central government periodically or as and when requiredsub-clause (5) provides for furnishing of any information including the pendency of cases by the state commission to the state government periodically or as and when requiredclause 71-this clause provides for enforcement of orders of the district commission, the state commission or the national commission to be in the same manner as if it were a decree made by a court in a suit before it and the provisions of order xxi of the first schedule to the code of civil procedure, 1908 shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order madeunder the actclause 72--this clause provides for punishment for non-compliance of the orders of the district commission or the state commission or the national commission with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both; the district commission, the state commission or the national commission to have the power of a judicial magistrate of the first class for the trial of offences under sub-clause (1), and on conferment of such powers, the district commission or the state commission or the national commission, as the casemay be, shall be deemed to be a judicial magistrate of first class for the purpose of the code of criminal procedure, 1973 sub-clause (3) provides summary trial power to the district commission or the state commission or the national commissionclause 73- this clause provides for appeal against order passed under section 72sub-clause (2) provides no appeal shall lie before any court from any order of a district commission or a state commission or the national commission sub-clause(3) provides thirty days time from the date of the order of a district commission or a state commission orthe national commission and also provides to condone delay by state commission or the national commission or the supreme court for entertaining the appeal beyond the thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period of thirty daysclause 74-this clause provides for establishment of consumer mediation cell attached to the district commissions, the state commissions and the national commission and each of the regional benches; sub-clause (3) empowers the state government and the central government to decide the composition of mediation cell; sub-clause (4) provides that every mediation cell shall maintain a list of empanelled mediators, a list of cases handled by the cell, record of proceeding and any other information as may be specified by regulations and submit a quarterly report to the district commission, the state commission or the national commission to which it is attached in the manner specified by regulationsclause 75-this clause provides for the procedure of empanelment of mediators in the mediation cell attached to the district commission or the state commission or the national commission and empanelled mediators shall be valid for five years and eligible to be considered for another term subject to such conditions as may be specified by regulationsclause 76-this clause provides for nominating mediators from the panel, considering their suitability for resolving the consumer dispute involvedclause 77-this clause provides that it shall be the duty of mediator to disclose certain facts which may likely to give rise to a justifiable doubt as to his independence or impartialityclause 78-this clause provides for replacement of a mediator by the district commission or the state commission or the national commission on the information furnished by the mediator or on the information received from any other person including parties to the complaint and after hearing the mediatorclause 79-this clause provides for the procedure of mediation clause 80- this clause provides for provisions relating to settlement through mediation and the role of mediator when an agreement is reached between the parties with respect to all of the issues involved in the consumer dispute or with respect to only some of the issues, and in the event where no agreement is reached between the partiesclause 81-this clause provides for passing of order within seven days of the receipt of any settlement by the district commission or the state commission or the national commission recording that a settlement has been reached between the parties and disposal of the matter; hearing other issues in case of partial settlement of the dispute; continuing hearing all issues where the dispute could not be settledclause 82- this clause provides for product liability action by a complainant for any harm caused by a defective product manufactured by a product manufacturer or serviced by a product service provider or sold by a product sellerclause 83- this clause states that a product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective productclause 84-this clause provides for the grounds on which a product manufacturer shall be liable in a product liability actionclause 85-this clause provides for the grounds on which a product service provider shall be liable in a product liability actionclause 86-this clause provides for the circumstances under which a product seller who is not a product manufacturer shall be liable in a product liability actionclause 87-this clause provides for exceptions to product liability action against product seller and manufacturerclause 88-this clause provides for the penalty for non-compliance of direction of central authority issued under clauses 20 and 21clause 89-this clause provides for punishment by a court for false or misleading advertisement by any manufacturer or service provider with imprisonment for a term which may extend to two years and with fine which may extend to ten lakh rupees; and for every subsequent offence, with imprisonment for a term which may extend to five years and with fine which may extend to fifty lakh rupeesclause 90- this clause provides for higher punishment with imprisonment and fine by a court to a person who, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any product containing an adulterant, with provision for suspension and cancellation of licence issued to the personclause 91-this clause provides for punishment with imprisonment and fine by a court to a person who, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any spurious goods, with provision for suspension and cancellation of licence issued to the personclause 92-this clause provides for a competent court to take cognizance of any offence under clauses 88 and 89 only on a complaint filed by the central authority or any officer authorised by it in this behalfclause 93-this clause provides for punishment for vexatious search by the director-general or any other officer, exercising powers under clause 22, knowingly that there are no reasonable grounds for so doing and yet searches, or causes to be searched any premises or seizes any record, register or other document or article, with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with bothclause 94-this clause empowers the central government to take such measures in the manner as may be prescribed for the purposes of preventing unfair trade practices in e-commerce, direct selling and also to protect the interest and rights of consumersclause 95- this clause provides that the presidents, members, officers and other employees of the district commission, the state commission and the national commission, the chief commissioner and all other officers and employees of the central authority and other persons performing any duty under the proposed legislation, shall be deemed to be public servants within the meaning of section 21 of the indian penal codeclause 96- this clause provides for compounding of offences punishable under sections 88 and 89 by the central authority either before or after the institution of the prosecution on payment of such amount as may be prescribedclause 97- this clause provides for the manner of crediting penalty collected under clause 21 and the amount collected under clause 96clause 98-this clause makes provision for protection of action taken in good faith by the members of the district commission, the state commission and the national commission or the chief commissioner, the commissioner, any officer or employee and other person performing any duty under the proposed legislationclause 99- this clause empowers the central government to give directions on questions of policy to the central authorityclause 100-this clause provides that the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in forceclause 101-this clause provides for the power to the central government to make rulesclause 102-this clause provides for the power to the state governments, to make rules, conforming to the model rules made by the central governmentclause 103-this clause empowers the national commission to make regulations not in consistent with the proposed legislation to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of the proposed legislation, with previous approval of the central governmentclause 104-this clause empowers the central authority to make regulations consistent with this act, for the purpose of giving effect to the provisions of this act, with the previous approval of the central governmentclause 105-this clause provides for laying of every rule and every regulation made by the central government, the national commission and the central authority under the proposed legislation before each house of parliament and also every rule made by a state government before the state legislatureclause 106-this clause provides for the power to remove difficulties that may arise in giving effect to the provisions of the proposed legislationclause 107-this clause provides for repeal and savings financial memorandumclause 10 seeks to establish an authority to be known as the central consumer protection authority (central authority) to be headed by a chief commissioner and such number of other commissioners to exercise powers and discharge functions under the proposed legislation2 clause 11 provides for making rules by the central government in regard to the qualifications for appointment, method of recruitment, procedure for appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of the service of the chief commissioner and commissioners of the central authority3 clause 13 provides that the central government shall provide the central authority such number of officers and other employees as it considers necessary for the efficient performance of its functions and the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the central authority it also provides that the central authority may engage, in accordance with the procedure specified by regulations, such number of experts and professionals as it deems necessary to assist it in the discharge of its functions4 clause 15 provides that the central authority shall have an investigation wing for the purpose of conducting inquiry or investigation and may appoint a director-general and such number of additional director-general, director, joint director, deputy director and assistant director5 clause 30 provides for the salaries and allowances payable to, and other terms and conditions of service of, the president and members of district commission to be prescribed by the state government6 clause 33 provides that the state government shall provide the district commission such officers and other employees to assist the district commission in the discharge of its functions and the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the district commission shall be prescribed by the state government7 clause 44 provides for the salaries and allowances payable to, and other terms and conditions of service of, the president and members of the state commissions to be prescribed by the state government8 clause 46 provides that the state government shall provide the state commission such officers and other employees to assist the state commission in the discharge of its functions and the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the state commission shall be prescribed by the state government9 clause 55 provides that the central government may, by notification, make rules to provide for qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the president and members of the national commission10 sub-clause (1) of clause 57 provides that the central government, in consultation with the president of the national commission shall provide such number of officers and other employees to assist the national commission in discharge of its functions as it may think fit sub-clause (3) provides that the salaries and allowances payable to, and the other terms and conditions of the service of, the officers and other employees of the national commission shall be as may be prescribed by the central government11 sub-clause (2) of clause 70 seeks to set up a monitoring cell to be constituted by the president of the national commission to oversee the functioning of the state commissions from the administrative point of view12 sub-clause (1) of clause 74 provides that the state government shall establish a consumer mediation cell to be attached to each of the district commissions and the state commissions of that state sub-clause (2) provides that the central government shall establish a consumer mediation cell to be attached to the national commission sub-clause (3) provides that a consumer mediation cell shall consist of such persons as may be prescribed 13 the financial implications arising from the establishment of the proposed central consumer protection authority is estimated at an annual recurring expenditure of rupees eight crore to cover operating costs including salaries and allowances appropriate budgetary allocations shall be made to meet this expenditure from the annual budget of the department of consumer affairs14 it would be difficult to indicate the exact expenditure involved in the appointment of additional members and officers and employees of the district commission and the state commission as this would depend upon the actual number of such members or officers and other employees appointed by the state governments however, the expenditure on this account would be incurred by the state governments the bill does not envisage any other expenditure of recurring or non-recurring memorandum regarding delegated legislationsub-clause (1) of clause 101 of the bill empowers the central government to make, by notification in the official gazette, rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include- (a) the other class or classes of persons including public utility entities under sub-clause (19) of clause 2; (b) the contest, lottery, game of chance or skill which are to be exempted under sub-item (b) of item (iii) of sub-clause (47) of clause 2; (c ) the manner of issuing bill or cash memo or receipt for goods sold or services rendered under item (vii) of sub-clause (47) of clause 2; (d) the number of other official or non-official members of the central council under item (b) of sub-clause (2) of clause 3;(e) the time and place of meeting of central council and the procedure for the transaction of its business under sub-clause (2) of clause 4; (f) the number of commissioners in the central authority under sub-clause (2) of clause10; (g) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the chief commissioner and other commissioners of the central authority under clause 11; (h) the salary and allowances payable to, and the other terms and conditions of service of, the officers and other employees of central authority under sub-clause (2) of clause 13; (i) the qualifications for appointment of director general, additional director-general, director, joint director, deputy director and assistant director and the manner of appointment under sub-clause (2) of clause 15; (j)the manner of taking copies or extracts of document, record or article seized or produced before returning to the person under sub-clause (3) of clause 22; (k) the officer and the manner of disposing of articles which are subject to speedy or natural decay under subclause (4) of clause 22; (l) the form and manner for preparing annual statement of accounts by central authority in consultation with the comptroller and auditor-general of india under sub-clause (1) of clause 26; (m) the form in which, and the time within which, an annual report, other reports and returns may be prepared by the central authority under sub-clause (1) of clause 27; (n) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of president and members of the district commission under clause 29; (o) the other value of goods and services in respect of which the district commission shall have jurisdiction to entertain complaints under proviso to sub-clause (1) of clause 34; (p) the manner of electronically filing complaint under the proviso to sub-clause (1) of clause 35; (q) the fee, electronic form and the manner of payment of fee for filing complaint under sub-clause (2) of clause 35; (r) the cases which may not be referred for settlement by mediation under sub-clause (1) of clause 37; (s) the manner of authentication of goods sampled in case of national commission under item (c) of subclause (2) of clause38; (t) any other matter which may be prescribed under item (f) of subclause (9) of clause 38; (u) the fund where the amount obtained may be credited and the manner of utilisation of such amount under sub-clause (2) of clause 39; (v) the form and the manner in which appeal may be preferred to the state commission under clause 41; (w) the qualifications for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal ofthe president and members of the state commission under clause 43; (x) the other value of goods and services in respect of which the state commission shall have jurisdiction under the proviso to sub-item (i) of item (a) of sub-clause (1) of clause 47; (y) the form and manner of filing appeal to the national commission, and the manner of depositing fifty per cent of the amount before filing appeal, under sub-clause (1) of clause51; (z) the number of members of the national commission under item (b) of clause 54; (za)the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of president and members of the national commission under sub-clause (1) of clause 55; (zb) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the national commission under sub-clause(3) of clause 57; (zc) the other value of goods and services in respect of which the national commission shall have jurisdiction under the proviso to subitem (i) of item (a) of sub-clause (1) of clause 58; (zd) the manner of depositing fifty per centof the amount under the second proviso to clause 67; (ze) the form in which the national commission and the state commission shall furnish information to the central government under sub-clause (4) of clause 70; (zf)the persons in the consumer mediation cell under subclause (3) of clause 74; (zg) the measures to be taken by the central government to prevent unfair trade practices in e-commerce, direct selling, etc, under clause 94; (zh) the amount for compounding offences under sub-clause (1) of clause 96; (zi) the fund to which the penalty and amount collected shall be credited under clause 97; and (zj) any other matter which is to be, or may be prescribed, or in respect of which provisions are to be, or may be, made by rules2 sub-clause (1) of clause 102 of the bill empowers the state government to make, by notification in the official gazette, rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include- (a) the other class or classes of persons including public utility entities under sub-clause (19) of clause 2; (b) the contest, lottery, game of chance or skill which are to be exempted under sub-item (b) of item (iii) of sub-clause (47) of clause 2; (c ) the number of other official or non-official members of the state council under item (b) of sub-clause (2) of clause 6; (d) the time and place of meeting of the state council and the procedure for the transaction of its business under sub-clause (4) of clause6; (e ) the number of other official and non-official members of district council under item (b) of subclause (2) of clause 8; (f) the time and place of meeting of the district council and procedure for the transaction of its business under sub-clause (4) of clause 8; (g) the number of members of the district commission under item (b) of sub-clause (2) of clause 28; (h) the salaries and allowances payable to, and other terms and conditions of service of, the presidentand members of the district commission under clause 30; (i) the salaries and allowancespayable to, and other terms and conditions of service of, the officers and other employees ofthe district commission under sub-clause (3) of clause 33; (j) the manner of authentication of goods sampled by the state commission and the district commission under item (c) ofsub-clause (2) of clause 38; (k ) the manner of depositing fifty per cent of the amount before filing appeal under the second proviso to clause 41; (l) the number of members of the state commission under sub-clause (3) of clause 42; (m) the salaries and allowances payable to, and other terms and conditions of service of, the president and members of the state commission under clause 44; (n) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the state commission under sub-clause (3) of clause 46; (o) the form in which the state commission shall furnish information to the state government under sub-clause (5) of clause 70; (p) the persons in the consumer mediation cell under sub-clause (3) of clause 74; (q) any other matter which is to be, or may be prescribed, or in respect of which provisions are to be, or may be, made by rules3 sub-clause (1) of clause 103 of the bill empowers the national commission, with the revious approval of the central government, to make regulations not inconsistent with the proposed legislation to provide for all the matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of the proposed legislation sub-clause (2)provides that the regulations may make provisions for - (a) the costs for adjournment to be imposed by the district commission under the second proviso to sub-clause (7) of clause 38; (b) the costs for adjournment to be imposed by the state commission or the national commission, as the case may be, under the second proviso to clause 52; (c ) the maintenance of any other information by the consumer mediation cell under sub-clause (4) of clause 74;(d) the manner of submission of quarterly report by consumer mediation cell to district commission, state commission or the national commission under sub-clause (5) of clause74; (e) the qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of training empanelled mediators, the fee payable to empanelled mediator, the terms and conditions for empanelment, the code of conduct for empanelled mediators, the grounds on which, and the manner in which, empanelled mediators shall be removed or empanelment shall be cancelled and the other matters relating thereto under sub-clause (2) of clause 75; (f) the conditions for re-empanelment of mediators for another term under sub-clause (3) of clause 75; (g) the other facts to be disclosed by mediators under sub-clause (c) of clause 77; (h) the time within which, and the manner in which, mediation may be conducted under sub-clause (3) of clause 79; and (i) such other matter for which provision is to be, or may be made by regulation4 sub-clause (1) of clause 104 of the bill empowers the central authority, with the previous approval of the central government, to make regulations not inconsistent with the proposed legislation, for the purpose of giving effect to the provisions of this legislation sub-clause (2) provides that the regulations may make provisions for - (a) the procedure for engaging experts and professionals and the number of such experts and professionals under sub-clause (3) of clause 13; (b) the procedure for transaction of business and the allocation of business of the chief commissioner and commissioner under sub-clause (1) of clause 14; (c) the form, manner and time within which, inquiries or investigation made by the director-general shall be submitted to the central authority under sub-clause (5) of clause15; and (d) such other matter for which provision is to be, or may be made by regulation5 the matters in respect of which rules and regulations may be made relate to matters of procedure or administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto provide for protection of the interests of consumers and for the said purpose, to establishauthorities for timely and effective administration and settlement of consumers' disputes and for matters connected therewith or incidental thereto————	Parliament_bills	fbdacad3-cd39-58d2-ad17-5d2939a8fcab
bill no viii of 2006 the working women (prevention of sexual harassment at workplaces) bill, 2006 a billto provide for the prevention of sexual harassment or exploitation of working women at their work places by their employers, superiors, fellow colleagues or by anyone who is directly or indirectly connected with such work place through deterrent punishment and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the working women (prevention of sexual harassment at workplaces) act, 2006short title, extent and commencement5(2) it extends to the whole of india(3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of state the government of that state and in other cases the central government;(b) "employer" means,—(i) in relation to an establishment under the control of the appropriate government, the head of the department or ministry as the case may be;(ii) in relation to an establishment under any local authority or local self government, the chief executive officer by whatever designation called(iii) in relation to other cases, the person or the authority who has the ultimate control over the affairs of the work place (c) "prescribed" means prescribed by rules made under this act; (d) "sexual exploitation or harassment" includes any unwanted or unwarranted gesture or verbal sexual advances, sexually explicit and derogatory statements or remarks, avoidable and unwarranted physical contacts, willfully touching or patting, suggestive sexual remarks, sexually slanted and obscene jokes, vulgar comments about physical appearance, indecent invitations, use of pornographic material, demand for sexual favours, demanding sexual favour by making telephone calls or sending sms, threats of physical assault or molestation on refusal by the women workers by their male superiors, colleagues or any one who for the time being is in a position to sexually exploit or harass the working women at any work place;(e) "working woman" means any woman who is employed, whether directly or through any agency for wages or for similar other considerations at any work place;(f) "work place" includes a factory, mine, plantation, agricultural field, livestock rearing site including poultry, hospital or nursing home, shop or business establishment, brick kiln, construction site, banking or financial institutions including cooperative ones, government or semi-government establishments or departments including post offices and telecommunication, private office or service provider, cyber cafes and call centres, mobile phone companies, schools, colleges, universities and like institutions and such establishments wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, airlines, film industry and any such other place where a woman is employed for any work whatsoever3 (1) sexual exploitation or harassment of any working woman at her work place is hereby prohibited(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this actprohibition of sexual exploitation or harassment of working women at workplace penalty45 of 19604 notwithstanding anything contained in the indian penal code or any other law forthe time being in force whoever contravenes the provisions of section 3 shall be punished with imprisonment for a term which shall not be less than three years but may extend to five years and also with fine which may extend to two lakh rupees5 (1) notwithstanding anything contained in any other law for the time being in force,the onus of proving the innocence shall be on the accused and the sexually harassed woman shall have the right to lead evidence in rebuttalburden of proof and trial in camera etc(2) the trial of an offence committed under this act shall be held in camera if theharassed woman so desires(3) notwithstanding anything contained in any other law for the time being in force,the case of a sexually harassed woman at a work place shall be pleaded either by herself or with her consent by any women's organisation or the trade union of which she is a membersetting up of complaint committees6 (1) the appropriate government shall as soon as may be set up adequate number ofcomplaint committees in all its ministries and departments, semi government organizations, public sector enterprises, banking and financial institutions, trusts and local self bodies and in all the district headquarters and block levels for redressal of the complaints made by the sexually exploited and harassed working women at their work places(2) the complaint committees shall consist of such members and the committee shall follow such procedure as may be prescribed7 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force dealing with the subject matter of this actact to supplement other laws power to make rules8 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonshalf of the population of the nation is women who have been exploited for centurieshowever, with the change of time there is awakening amongst the women and, today, in almost every field of economic activity, women form a good part of the workforce as a result, the number of working women is increasing very fast women have now to work under the most disadvantageous service conditions in certain establishments and cases of their sexual exploitation are also increasing day by day working women are very often sexually harassed at the work places by their male employers, bosses, colleagues, and others but more often these cases are not reported by them for fear of social ostracism, family pressure or reprisal through threats and discriminatory treatment as a result the working women often feel insecure at their work places the supreme court of india has taken this issue very seriously in the case of vishaka and others vs state of rajasthan and others, the supreme court has laid down norms and guidelines to be followed by employers or other responsible persons in the work places or other institutions to prevent or deter the commission of acts of sexual harassment as also to provide the procedures for resolution , settlement or prosecution of acts of sexual harassment by taking all steps required including setting up of complaints committees for redressal of the complaint made by the victim the national commission for women has also taken up this issue very seriously it has, however been found that the complaint committees have not been formed in a number of casesthough the supreme court judgement is there, no law however, has been enacted to deal exclusively with this issue, which is of vital importance for the working women throughout the countryhence this billsushma swaraj financial memorandumclause 6 of the bill provides for setting up of complaint committees the bill if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifty crore may involve as recurring expenditure from the consolidated fund of india per annumno non-recurring expenditure is likely to be incurred memorandum regarding delegated legislationclause 8 of the bill gives power to the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the prevention of sexual harassment or exploitation of working women at theirwork places by their employers, superiors, fellow colleagues or by anyone who is directly or indirectly connected with such work place through deterrent punishment and for matters connected therewith or incidental thereto————(shrimati sushma swaraj, mp)mgipmrnd—5995rs(s-5)—03032006	Parliament_bills	2e5c301b-f6ba-5152-9abf-3401dd59d882
bill no ix of 2011 the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) amendment bill, 2011 a billto amend the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the labour laws (exemption from furnishing returnsand maintaining registers by certain establishments) amendment act, 2011short title and commencement3 for section 4 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 45e x e m p t i o n from furnishing or maintaining of returns and r e g i s t e r s required under certain labour laws"4 (1) notwithstanding anything contained in a scheduled act, on and from the commencement of the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) amendment act, 2011, it shall not be necessary for an employer in relation to any small establishment or very small establishment to which a scheduled act applies, to furnish the returns or to maintain the registers required to be furnished or maintained under that scheduled act:provided that such employer—10(a) furnishes, in lieu of such returns, annual return in form i; and (b) maintains, in lieu of such registers,—(i) registers in form ii and form iii, in the case of small establishments, and15(ii) a register in form iii, in the case of very small establishments, at the work spot: provided further that every such employer shall continue to—2011 of 1948(a) issue wage slips in the form prescribed in the minimum wages(central) rules, 1950 made under sections 18 and 30 of the minimum wages act, 1948 and slips relating to measurement of the amount of work done by piece-rated workers required to be issued under the payment of wages (mines) rules, 1956 made under sections 13a and 26 of the payment of wages act, 1936; and4 of 19362563 of 1948 69 of 1951(b) file returns relating to accidents under sections 88 and 88a of the factories act, 1948 and sections 32a and 32b of the plantations labour act, 195130(2) the annual return in form i and the registers in forms ii and iii and wage slips, wage books and other records, as provided in sub-section (1), may be maintained by an employer on a computer, computer floppy, diskette or other electronic media:provided that a printout of such returns, registers, books and records or a portion thereof is made available to the inspector on demand35(3) the employer or the person responsible to furnish the annual return in form i may furnish it to the inspector or any other authority prescribed under the scheduled acts through electronic mail if the inspector or the authority has the facility to receive such electronic mail40(4) save as provided in sub-section (1), all other provisions of a scheduled act, including, in particular, the inspection of the registers by, and furnishing of their copies to, the authorities under that act, shall apply to the returns and registers required to be furnished or maintained under this act as they apply to the returns and registers under that scheduled act45(5) where an employer in respect of an establishment referred to in sub-section(1), to whom a scheduled act applies, furnishes returns or maintains the registers as provided in the proviso to sub-section (1), nothing contained in that scheduled act shall render him liable to any penalty for his failure to furnish any return or to maintain any register under that scheduled act"4 for the first schedule and second schedule to the principal act, the following schedules shall be substituted, namely:— "the first schedulesubstitution of new schedules for first schedule and second schedule[see section 2(d)]1 the payment of wages act, 1936 (4 of 1936)52 the weekly holidays act, 1942 (18 of 1942) 3 the minimum wages act, 1948 (11 of 1948)4 the factories act, 1948 (63 of 1948)5 the plantations labour act, 1951 (69 of 1951)106 the working journalists and other newspaper employees (conditions ofservice) and miscellaneous provisions act, 1955 (45 of 1955)7 the motor transport workers act, 1961 (27 of 1961) 8 the payment of bonus act, 1965 (21 of 1965)159 the beedi and cigar workers (conditions of employment) act, 1966 (32 of1966)10 the contract labour (regulation and abolition) act, 1970 (37 of 1970)11 the sales promotion employees (conditions of service) act, 1976 (11 of1976)12 the equal remuneration act, 1976 (25 of 1976)2013 the inter-state migrant workmen (regulation of employment and conditionsof service) act, 1979 (30 of 1979)14 the dock workers (safety, health and welfare) act, 1986 (54 of 1986) 15 the child labour (prohibition and regulation) act, 1986 (61 of 1986)2516 the building and other construction workers (regulation of employmentand conditions of service) act, 1996 (27 of 1996)———— the second schedule[see section 2 (c)] form i[see section 4 (1)]annual return30(to be furnished to the inspector or the authority specified for this purpose under the respective scheduled act before the 31st january of the following year)(ending 31st december__________________)1 name of the establishment, its postal address, telephone number, fax number,e-mail address and location________________________________________35____________________________________________________________2 name and postal address of the employer_________________________________________________________________________________________3 name and address of principal employer, if the employer is a contractor_____________________________________________________________________404 name of the manager responsible for supervision and control____________________ (i) name of business, industry, trade or occupation carried on by the employer___________________________________________________________ (ii) date of commencement of the business, industry, trade or occupation___________________________________________________________________55 employer's number under esi/epf/welfare fund/pan no, if any______________ 6 maximum number of workers employed on any day during the year to which this returnrelates to: category highly skilledskilledsemi-skilledun-skilledmale10female15children (those who have not completed 18 years of age) total7 average number of workers employed during the year: 8 total number of mandays worked during the year: 9 number of workers during the year:(a) retrenched:20(b) resigned:(c) terminated:10 retrenchment compensation and terminal benefits paid (provide information completelyin respect of each worker)__________________________________ ____________________________________________________________2511 mandays lost during the year on account of—(a) strike:(b) lockout:(c) fatal accident:30(d) non-fatal accidents:12 reasons for strike or lockout:13 total wages paid (wages and overtime to be shown separately): 14 total amount of deductions from wages made:15 number of accidents during the years:35reported to inspector of reported to reported to workmen'sothersfactories/dock safety employees' state compensation insurance commissioner corporation40fatal non-fatal16 compensation paid under the workmen's compensation act, 1923 (8 of 1923) duringthe year_____________ (i) fatal accidents:(ii) non-fatal accidents:17 bonus5(a) number of employees eligible for bonus:(b) percentage of bonus declared and number of employees who were paid bonus: (c) amount payable as bonus:(d) total amount of bonus actually paid and date of payment:10signature of the manager/employer place:with full name in capital lettersdate: annexure to form i15name andperiod ofnature ofmaximum number ofnumber of daysnumber ofaddress ofcontractworkworkers employed byworkedmandaysthefromeach contractorworkedcontractort o123456delete, if not applicable form ii [see section 4(1)] register of persons employed-cum-employment cardname of the establishment, address, telephone number, fax number and e-mail address__________________________________________________________________5location of work_________________________________________________________ name and address of principal employer if the employer is a contractor_______________ _________________________________________________________________________1 name of workman/employee___________________________________________ 2 father's/husband's name_____________________________________________103 address:(i) present________________________________________________________(ii) permanent______________________________________________________4 name and address of the nominee/next of kin______________________________ 5 designation/category________________________________________________156 date of birth/age___________________________________________________ 7 educational qualifications_____________________________________________ 8 date of entry_________________________________________ 9 worker's id no/esi/epf/lwf no_____________________2010 if the employed person is below 14 years, whether a certificate of ageis maintained ____________________________________________________11 sex: male or female_______________________________________________ 12 nationality_______________________________________________________ 13 date of termination of employment with reason___________________________________________________________________________________________2514 signature/thumb impression of worker/employee___________________________ 15 signature of the employer/authorised officer with designation______________________________________________________________________________signature of the contractor/authorised representative of the principal employer form iii [see section 4 (1)] muster roll-cum-wage registername of the establishment and address location of work5name and address of employer123456781015\| serial \| name of the \| designation/ \| attendance \| leave due \| leave availed \| wage rate/ \| other \|\|----------------------\|----------------\|-----------------------------------\|---------------\|---------------\|-----------------\|--------------\|-------------\|\| number \| worker (id \| category/nature \| (dates of the \| (earned leave \| (specify) \| pay or piece \| allowances, \|\| no if any) and \| of work \| month 1, 2, to and other kind \| rate/wages \| eg \| \| \| \|\| father's/ \| performed \| 31) \| of admissible \| per unit \| (a) dearness \| \| \|\| husband's \| leave) \| allowance \| \| \| \| \| \|\| name \| (b) house \| \| \| \| \| \| \|\| rent allowance \| \| \| \| \| \| \| \|\| (c) night allowances \| \| \| \| \| \| \| \|\| (d) displacement \| \| \| \| \| \| \| \|\| allowance \| \| \| \| \| \| \| \|\| (e) outward \| \| \| \| \| \| \| \|\| journey \| \| \| \| \| \| \| \|\| allowance \| \| \| \| \| \| \| \|\| 20 \| \| \| \| \| \| \| \|\| (a) \| \| \| \| \| \| \| \|\| (b) \| \| \| \| \| \| \| \|\| (c) \| \| \| \| \| \| \| \|\| (d) \| \| \| \| \| \| \| \|\| (e) \| \| \| \| \| \| \| \|\| 25 \| \| \| \| \| \| \| \|\| 9 \| 10 \| 11 \| 12 \| 13 \| 14 \| 15 \| 16 \|\| 30 \| \| \| \| \| \| \| \|\| overtime \| amount of \| amount of \| total/gross \| deduction \| eg \| net amount \| signature/ \|\| worked \| overtime \| advance and \| earnings \| (a) provident \| payable \| receipt of \| \|\| number of \| wages \| purpose of \| fund \| (12-13) \| wages/ \| \| \|\| hours in \| advance \| (b) advance \| allowances \| \| \| \| \|\| the month \| (c) employees' \| for column \| \| \| \| \| \|\| state insurance \| number 14 \| \| \| \| \| \| \|\| (d) other amount \| \| \| \| \| \| \| \|\| (a) \| \| \| \| \| \| \| \|\| (b) \| \| \| \| \| \| \| \|35(c)(d)certificate by the principal employer if the employer is contractor this is to certify that the contractor has paid wages to workmen employed by him as shown in this registersignature of principal employer/authorised representative of principal employer" statement of objects and reasonsparliament enacted from time to time a number of labour laws for regulating employment and conditions of service of workers whenever a new law was enacted, it prescribed certain registers to be maintained by the employers simultaneously, the laws also prescribed for furnishing of returns of various details by the employers to the concerned enforcing authorities over the years, the numbers of such registers to be maintained and the returns to be furnished by the employers under different labour laws have increased considerably at present, the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988 has limited application for providing exemption only to establishments employing up to nineteen persons2 there have been persistent demands from various quarters to simplify the forms of various returns to be furnished and registers to be maintained by the employers under different labour laws and also to expand the coverage of the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988 to establishments employing more than nineteen persons after the introduction of computers in all spheres of business, demand has also been made to design computer-based forms and make provision for transmitting the returns electronically3 with a view to expanding the coverage of the aforesaid act to establishments employing up to five hundred workers and to prescribe simplified user friendly forms and to provide for maintenance of registers or records in computer, computer floppy, diskette or other electronic media and submit the returns through electronic mail, the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) amendment and miscellaneous provisions bill, 2005 was introduced in rajya sabha on the 22nd august, 2005 the bill was referred to by the department related parliamentary standing committee on labour for examination and report the standing committee advised to discuss the provisions of the bill with the employers' and employees' organisations and to redraft the amendments on the basis of consensus as may be reached accordingly, several meetings were held with the representatives of the employers' and employees' organisations since giving effect to the recommendations of the parliamentary standing committee and also the suggestions made by various employers' and employees' organisations required amendments to almost all the clauses of the bill, it is considered appropriate to withdraw the aforesaid bill and to introduce a fresh bill4 the proposed labour laws (exemption from furnishing returns and maintaining registers by certain establishments) amendment bill, 2011, inter alia, seeks to provide for the following:—(i) to revise the definition of the expression "small establishment" so as to coverthose establishments in which not less than ten and not more than forty persons are employed or were employed on any day of the preceding twelve months within the meaning of that expression instead of not less than ten and not more than nineteen persons, as at present;(ii) to provide for maintenance of registers and returns in computer, computer floppy,diskette or other electronic media and to submit returns through electronic mail;(iii) to substitute the first schedule to the act for applying the provisions of the actto sixteen enactments in place of nine enactments, as at present; and(iv) to substitute the second schedule to the act to specify new forms instead of thepresent forms a, b, c, d and e5 the bill seeks to achieve the above objectivesnew delhi;mallikarjun khargethe 23rd february, 2011 annexure extracts from the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988 (51 of 1988)definitions2 in this act, unless the context otherwise requires,— (e) "small establishment" means an establishment in which not less than ten and not more than nineteen persons are employed or were employed on any day of the preceding twelve months; 4 (1) on and from the commencement of this act, it shall not be necessary for an employer in relation to any small establishment or very small establishment to which a scheduled act applies to furnish the returns or to maintain the registers required to be furnished or maintained under that scheduled act:exemption from returns and registers required under certain labour lawsprovided that such employer—(a) furnishes, in lieu of such return, a code returns in form a; (b) maintains, in lieu of such registers,—(i) registers in form b, form c and form d, in the case of small establishments; and(ii) register in form e, in the case of very small establishments:provided further that every such employer shall continue to—11 of 1948(a) issue wage slips in the form prescribed in the minimum wages (central)rules, 1950 made under sections 18 and 30 of the minimum wages act, 1948 and slips relating to measurement of the amount of work done by piece-rated workers required to be issued under the payment of wages (mines) rules, 1956 made under sections 13a and 26 of the payment of wages act, 1936; and4 of 1936(b) file returns relating to accidents under sections 88 and 88a of the factories act, 1948 and sections 32a and 32b of the plantations labour act, 195163 of 194869 of 1951(2) save as provided in sub-section (1), all other provisions of a scheduled act, including in particular, the inspection of the registers by, and furnishing of their copies to, the authorities under that act, shall apply to the returns and registers required to be furnished or maintained under this act as they apply to the returns and registers under that scheduled act(3) where an employer in relation to a small establishment or very small establishment to which a scheduled act applies, furnishes returns or maintains the registers as provided in the proviso to sub-section (1), nothing contained in that scheduled act shall render him liable to any penalty for his failure to furnish any return or to maintain any register under that scheduled act first schedule [see section 2(d)](1) the payment of wages act, 1936 (4 of 1936) (2) the weekly holidays act, 1942 (18 of 1942) (3) the minimum wages act, 1948 (11 of 1948) (4) the factories act, 1948 (63 of 1948) (5) the plantations labour act, 1951 (69 of 1951)(6) the working journalists and other newspapers employees (conditions of service)and miscellaneous provisions act, 1955 (45 of 1955)(7) the contract labour (regulation and abolition) act, 1970 (37 of 1970)(8) the sales promotion employees (conditions of service) act, 1976 (11 of 1976)(9) the equal remuneration act, 1976 (25 of 1976) second schedule[see section 2(c)]form a[see section 4(1) proviso (a)]core returnretrun for the year ending 31st december(to be furnished on or before the 15th february of the succeeding year by small establishments and very small establishments)1 (a) name and postal address of the establishment (b) name and residential address of the employer(c) name and residential address of the manager or person responsible for supervision and control of the establishment(d) name of the principal employer in the case of a contractor's establishment(e) date of commencement of the establishment nature of operation/industry/work carried on2 (a) number of days worked during the year(b) number of man-days worked during the year(c) daily hours of work (d) day of weekly holiday3 (a) average number of persons employed during the year(i) males (ii) females(iii) adolescents (those who have completed 14 years but have not completed18 years of age)(iv) children (those who have not completed 14 years of age)(b) maximum number of workers employed on any day during the year(c) number of workers discharged, dismissed, retrenched or whose services were terminated during the year4 rates of wages-categorywise(1) males (2) females (3) adolescents (4) children5 gross wages paid:(a) in cash (b) in kind6 deductions:(a) fines (b) deductions for damage or loss (c) other deductions7 number of workers who were granted leave with wages during the year 8 nature of welfare amenities provided; statutory (specify the statute)9 does the establishment carry out any hazardous process or dangerous operation coming within the meaning of the factories act, 1948 if so, give particulars10 number of accidents:(a) fatal (b) non-fatal11 nature of safety measures provided as required under the factories act, 1948signature of employer with full name in capitalsdate place form b [see section 4(1) proviso (b)(i)] register of wages required to be maintained by small establishments(to be maintained within seven days of the expiry of the wage period)\| name of the establishment \| name and address of employer \|\|--------------------------------------------------------------------------------------------------------\|---------------------------------------------\|\| address (local) \| nature of work \|\| (permanent) \| wage period \|\| serial \| name of \|\| number \| the \|\| employee \| permanent/ \|\| temporary/ \| of units \|\| casual/part- \| worked basic wage \|\| time or any \| allowance or \|\| other \| \|\| statutory actual \| \|\| minimum \| \|\| rate \| \|\| 1 \| 2 3 \|\| wages earned deduction \| \|\| total \| advances fines due to provident fund \|\| amount \| damage or \|\| loss by \| indicating \|\| neglect or \| the nature \|\| default \| employers' \|\| contribution contribution contribution contribution \| with date \|\| 16 \| 17 \|notes:1 in case of deduction of any advance taken by an employee, the employer shall also indicate therein the number of instalments paid/total instalments by which advance is to be repaid such as "5/20, 6/20" etc the purpose of advance shall also be mentioned in the remarks column2 in case of imposition of fines or deduction for damage or loss, the specific act or omission for which the penalty has been imposedhas to be indicated in the remarks column a certificate shall also be recorded in the said column to the effect that an opportunity to show cause was given to the employee concerned before imposition of fine or deductionsignature of the employer with full name in capitalsdateplace form c [see section 4(1) proviso (b)(i)] muster roll to be maintained by small establishmentsname of establishment name and address of the employeraddress (local) (permanent) wage periodserialname of thedate ofpermanentage or datefather's orfor the periodtotalnumberemployeeemploymentaddressof birthhusband's nameendingattendancenumber ofunits ofwork doneduring12345678total overtimetotal production incompensatory rest3signature ofworked1case of piece ratedinspector withremarksworkers2datebrought forwardgiven during the wagefrom previousperiodwage period91011121314notes: 1 in the case of daily-rated workers, the extend of overtime done on each occasion has to be reflected against each concerned date, such as "p/1" meaning "present with one hour's overtime", "p/1-2" meaning "present with one and a half hour's overtime", and so on2 the number of units of work done by a piece-rated worker has to be noted for each day in the register in case of employmentof any child/adolescent, the employer shall indicate the hours worked each day with intervals of rest3 the compensatory rest availed by the worker has to be marked in the register in red ink as 'cr'note:column 7 to be filled up on each working day and the remaining columns to be completed within seven days of the expiry of the wage period\| date \|\|---------\|\| place \|\| form d \| [see section 4(1) proviso (b)(i)] monthly register showing welfare amenities to be maintained by small establishments\| name and address of the \| address of the establishment: for the month of \|\|----------------------------------------\|----------------------------------------------------\|\| employer \| local/permanent \|\| serial \| name of the \|\| number \| employee \|\| festivals or \| availed by the \|\| similar other \| employee \|\| occasions \| \|\| 1 \| 2 \|\| whether welfare amenities provided for \| whether scheduled signature of the \|\| rest room \| drinking \|\| water \| tribe, handicapped, \|\| or any other \| \|\| particular \| \|\| category \| \|\| 10 \| 11 \|note: to be completed within seven days of the expiry of each calendar month\| date \|\|---------\|\| place \| [see section 4(1) proviso (b)(ii)] monthly register of muster roll-cum-wages required to be maintained by very small establishments yearmonthor wage period(where different)name of establishment name of employeefather's namenature of workrate of wageswage perioddate of employmentdatehours ofinterval forhoursovertimecasual orprivilege leavesignatureremarksworkrest andworkedsicknessof theof themealwith theleaveemployeremployeremployeravailedduring thefromtofromtohourswagesmonth/leaveleavebalanceworkedearnedwagedueavailedperiod1 23456789101112131 4remuneration duedeductionsnetdate ofsignaturesignature ofbasicover-othertotalfines andotheradvance paid, if anyamount ofpayment or thumbinspectorsalary ortimeallowances,deductionsdeductionsdate amount totalpaymentimpressionwithwageif anyon accountof theremarks,of damageemployeeif any,or loss byand dateneglect ordefault15161718192021222324252627note : columns 1 to 12 to be filled up on each working day and the remaining columns to be completed within seven days of the expiry of the wage period\| date \|\|---------\|\| place \|———— a billto amend the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988————(shri mallikarjun kharge, minister of labour and employment)gmgipmrnd—7067rs(s3)—10-04-2011	Parliament_bills	c5ab8ebc-e601-581a-9462-0cf81ccf26b3
bill no 36 of 2009 the constitution (amendment) bill, 2009 byshri hansraj gangaramji ahir, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixtieth year of the republic of india as follows:— 1 this act may be called the constitution (amendment) act, 2009short title amendment of article 1302 article 130 of the constitution shall be renumbered as clause (1) thereof and after clause (1) as so renumbered, the following clause shall be added, namely:—5"(2) there shall be established a permanent bench of the supreme court atnagpur, consisting of such number of judges of the supreme court as the chief justice of india may from time to time determine, but not less than nine in number, to exercise the powers and jurisdiction for the time being vested in the supreme court in respect of cases arising in the states of andhra pradesh, chhattisgarh, gujarat, karnataka, kerala, maharashtra, madhya pradesh and tamil nadu and union territories of andaman and nicobar islands and puducherry" statement of objects and reasonsarticle 124 of the constitution provides for the establishment and constitution of the supreme court the seat of the supreme court is in new delhi and there is no bench of the court in any other part of the country litigants from all parts of the country have to come to delhi in connection with their cases in the supreme courtdelhi is the capital city located in north india litigants approaching the supreme court from the states of maharashtra, madhya pradesh, chhattisgarh, gujarat, karnataka, andhra pradesh, tamil nadu, kerala, puducherry and andaman and nicobar islands have to undergo a lot of hardships in terms of time and money due to long distance and a very high cost of travel moreover, there has been a constant demand for setting up of a division bench of the supreme court in the central or southern part of the countrykeeping in view the hardships being faced by the litigants coming from the central and the southern india to delhi and the demand of people of these regions, it will be appropriate to set up a bench of the supreme court at nagpur, which is in the central part of india nagpur is well connected with all other parts of the country through road, rail and air as its location is ideally suited for the people of both central and southern india, the people of these regions would be able to take advantage of it further, establishment of a permanent bench of the supreme court at nagpur would not only save the time and money of the litigants but also help in speedy disposal of the cases therefore, there is an urgent need to set up a permanent bench of the supreme court at nagpur so that people in the central and southern states shall have easy access to justice in a convenient manner the bill accordingly seeks to amend the constitution with a view to establish a permanent bench of the supreme court at nagpurhence this billnew delhi;hansraj gangaramji ahirjune 22, 2009 financial memorandumclause 2 of the bill provides for establishment of a permanent bench of the supreme court at nagpur 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 one crore per annuma non-recurring expenditure of about rupees ten crore is also likely to be involved annexure extract from the constitution of india 130 the supreme court shall sit in delhi or in such other place or places, as the chief justice of india may, with the approval of the president, from time to time, appointseat of supreme court lok sabha———— a billfurther to amend the constitution of india————(shri hansraj gangaramji ahir, mp)gmgipmrnd—2457ls(s-5)—03072009	Parliament_bills	3ae8bd84-4158-5a17-8c0c-effd43509fb6
the appropriation (railways) no 2 bill, 1961(as introduced in lok sabha on 13th march 1961) sabha cor:ri genda - to 'lihe appropriation (railhais) no2 bill, 1961~be/as introduced in lok ~~b~a) 1 page 2, line 3,-in the firs t column, in;:ort "1" 2 page 3, 11re 16,-in column 1 l2j: "21" ~ "22" , 3 - i:! the docke t p 3 ~e, -~ "president lt iw "president" 4 correct 11~ number on page 1 mw!elm, mar_ch 131961 pl:ial-guna -22, -1882 (s-aka) the appropriation (railways) no2 bill, 1961 (as introduced in lok sabha) - billto authoriae paymmt lind appropriation of certain sum! from and out of the consolidated fund of india for the ~ice &/ the financial year 1961-62 for the purposes of railway • be it enacted by parliament in the twelfth year of the republic qf india as follows:-1 this act may be called the appropriation (railways) no3 short tide act, 1981 5 z from and out of the consolidated fund of india there may he blue or re paid and applied sums not exceeding those specified in column 3 of 1,09i,84,lf8 the schedule amounting in the aggregate to the sum of one thousand ::' ~~iand nine\,v-<me crores, eighty-four lakhs and eighteen thousand ::~~ rupees towards defraying the several charges which will come the finandal 10 in course of payment during the financial year 1961-82, in respect of year 1961'--the services relating to railways specified in column 2 of the schedule 3 the sums authorised to be paid and applied from and out of the appropria-consolidated fund of india by this act shall be appropriated for the tion services and purposes expressed in the schedule in relation to the is said year - - 3 no of vote sum not exceedin& i----------i--------~----------s s~c:es and purposes voted by charsed on parhament the consolida-total ted puud ri, ri ri i railwy board 2 mjeceliadeo\ji expenditure 1,00,000 2,14>91,000 3 pa!jlledu to worked lines and othen - - 4 wortm, fxpenaea-admjnistradod , workida bxpemes-repafn and maintenancel 12,,22,60000 6 working fxpeoaea-operatin, staff - ",3037000 \| 7 \| workidg \|\|------------------------------\|-------------------\|\| fxpenses-operation \| \|\| \| (fuel)] \|\| i \| working \|\| other \| \|\| than \| \|\| staff' and \| ""fuel \|\| 26,67,56,000 \| \|\| 9workidg \| &peotea-miscella- \|\| neoua \| \|\| fxpediea \| - \|\| 29,07,16,000 \| \|\| 10 \| \|\| wortina: \| \|\| expenses-labour \| \|\| welfare' \| \|\| ii,6i,37ooo \| \|\| ie \| \|\| ii \| \|\| working expenses-appropria- \| \|\| tion to depredation reserve \| \|\| fund \| , \|\| r \| \|\| 65,00,00,000 \| 65,00,00,000 \|\| 30 \| \|\| u \| \|\| paymentl to general reyenues \| \|\| 77,83,95,000 \| \|\| 77,13,9,,000 \| \|\| 13 \| open line \|\| labour \| \|\| welfare, \| \|\| 10,63,63,000 \| \|\| 3s \| \|\| 61,17,32,000 \| \|\| 3 \| \|\| 16 \| \|\| 0 \| \|\| 00 \| \|\| 14 \| open line \|\| worb \| (rcyenue)- \|\| other \| \|\| than \| \|\| labour \| \|\| welfare \| \|\| i, \| \|\| coditruction \| \|\| of \| \|\| new lines' \| \|\| 16 i_open line \| \|\| worb-additions; \| \|17 ~open line worb-replace-i 2 3 suma dot aceedllll /'110 of senicn idcl purpohi voted ~od vote by plruamedt codiohdatecl total puad ri ri ri 10 18 oped lide worb-dcveiopmcnt f1uld - - - 23,00,00000 a3oo~ 19 repayment of ioidi from geae-ial rcveouee ad idtaat tbereon-developmem pudd 30 i 9>48,000 30,19>41,000 20 ~riatiod to ~~t 17,2157,000 17,2157pt:1o j~ 21 withdrawal from revenue re- pund 8,,,15,000 15715,oco total 1,0909687,000 '1 - 11,000 1,0911418,000 statement of objects and reasonsthis bill is introduced in pursuance of article l14(1) of the constitution of india, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made by lok sabha in respect of the estimated expenditure 'of the central government on railways, for the financial year 1961-62 jagjivan ram - a bill to authorise payment and appropriation of certain sums from and out ot the consolidated fluld of india for the service of the financial year 1961-62 for the purposes of railways - the president bas, in pursuance of clauses (1) and (3) of article 117 of the constitution of india, recommended to lok sabha the introduction and consideration of the bill mnkaul, secr,uwy (shrijagjitxm ram minister of railroays) -	Parliament_bills	dbe8e24f-9090-5727-9067-511793546223
bill no 110 of 2019 the indian medical council (amendment) bill, 2019 a billfurther to amend the indian medical council act, 1956be it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the indian medical council (amendment) act, 2019short title and commencement(2) (a) the provisions of this act shall, except sub-clause (i) of clause (c) of section 2, be deemed to have come into force on the 26th day of september, 2018; and5(b) sub-clause (i) of clause (c) of section 2 shall be deemed to have come into force on the 12th day of january, 20192 in section 3a of the indian medical council act, 1956,—amendment of section 3a(b) in sub-section (2), for the words "three years", the words "two years" shall be substituted;(c) in sub-section (4),—(i) for the words "seven persons", the words "twelve persons" shall be substituted;5(ii) for the words "and medical education", the words "and medical education or proven administrative capacity and experience" shall be substituted; (d) after sub-section (7), the following sub-section shall be inserted, namely:—10"(7a) the board of governors shall be assisted by a secretary general who shall be appointed by the central government on deputation or contract basis and he shall be the head of the secretariat in the council"repeal and savingsord 5 of 20193 (1) the indian medical council (amendment) second ordinance, 2019 is hereby repealed15 102 of 1956(2) notwithstanding such repeal, anything done or any action taken under the indian medical council act, 1956, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the said act, as amended by this act statement of objects and reasonsthe indian medical council act, 1956 was enacted to provide for the reconstitution of the medical council of india and the maintenance of a medical register for india and for matters connected therewith the main functions of the medical council of india (the said council) is to make recommendations to the central government in matters of recognition of medical qualifications, determining the courses of study and examinations required to obtain such qualifications, inspection of examinations and maintenance of register of medical practitioners, etc2 the working of the said council has been under scrutiny since long time and the same was examined by various expert bodies including the department-related parliamentary standing committee on health and family welfare, which in its ninety-second report, in march, 2016, severely indicted the said council the committee recommended that the government should bring a new comprehensive bill in parliament at the earliest so as to restructure and revamp the regulatory system of medical education and medical practice and to reform the medical council of india accordingly, the national medical commission bill, 2017 was introduced in lok sabha in december, 2017, which lapsed on the dissolution of the sixteenth lok sabha3 however, in view of the arbitrary action by the said council in disregard to the provisions of the said act and regulations made thereunder, immediate steps were required to be taken by the government to put an alternative mechanism in place of the said council so as to bring transparency, accountability and quality in the governance of medical education in the country hence, it has been decided to supersede the medical council of india and entrust its affairs to a board of governors consisting of eminent doctors for a period of two years or until the said council is reconstituted, whichever is earlier4 as parliament was not in session and urgent legislation was required to be made, the president promulgated the indian medical council (amendment) ordinance, 2018on the 26th september, 2018 subsequently, the indian medical council (amendment) bill, 2018, to replace the said ordinance, was introduced in lok sabha on the 14th december, 2018 and was considered and passed in the said house on the 31st december, 2018 however, before the said bill could be taken up for consideration and passing in rajya sabha, the winter session 2018 of parliament adjourned sine die5 as the indian medical council (amendment) ordinance, 2018 would cease to operate in accordance with the provisions of sub-clause (a) of clause (2) of article 123 of the constitution, the indian medical council (amendment) ordinance, 2019 was promulgated by the president on the 12th january, 20196 subsequently, as the indian medical council (amendment) bill, 2018 along with official amendments could not be taken up for consideration and passing in parliament, the indian medical council (amendment) second ordinance, 2019 was promulgated by the president on the 21st february, 20197 however, pursuant to dissolution of the sixteenth lok sabha, the aforementioned indian medical council (amendment) bill, 2018, which was pending consideration and passing in parliament, lapsed hence, the present bill to replace the indian medical council (amendment) second ordinance, 20198 the indian medical council (amendment) bill, 2019, inter alia, provides for the following, namely:—(a) to supersede the existing medical council of india and vest its powers in a board of governors until the said council is reconstituted;(b) to amend sub-section (2) and sub-section (4) of section 3a to provide for the reconstitution of the council within a period of two years;(c) to amend sub-section (4) of section 3a so as to add proven administrative capacity and experience also as a qualification for nomination of members for the board of governors and to increase the number of members of the board of governors to twelve; and(d) to insert a new sub-section (7a) in the said section to provide that the board of governors shall be assisted by a secretary general who shall be appointed by the central government on deputation or contract basis and shall be the head of the secretariat in the council 9 the bill seeks to replace the indian medical council (amendment) second ordinance, 2019new delhi;harsh vardhanthe 20th june, 2019 financial memorandumsub-clause (d) of clause 2 of the bill seeks to amend section 3a of the indian medical council act, 1956, which, inter alia, provides for the constitution of the board of governors consisting of not more than twelve members in place of the existing medical council of india for a period of two years or until the said council is reconstituted or some other arrangement is made, whichever is earlier the proposed new sub-section (7a) of section 3a provides for appointment of a secretary general on deputation or contract basis who shall be the head of the secretariat of the said council the chairperson and other members, other than ex officio members, of the board of governors shall be entitled to such sitting fee and other allowances as may be determined by the central government further, the secretary general shall be entitled to pay and allowances for discharging his duties it is expected that such expenditure on sitting fee and travelling and other allowances would be minimal and will be met from the funds of the medical council of india2 the bill does not envisage any recurring or non-recurring expenditure during the current financial year, that is, 2019-20 annexure extract from the indian medical council act, 1956 (102 of 1956)32 of 20103a (1) on and from the date of commencement of the indian medical council(amendment) act, 2010, the council shall stand superseded and the president, vice-president and other members of the council shall vacate their offices and shall have no claim for any compensation, whatsoeverpower of central government to supersede the council and to constitute a board of governors(2) the council shall be reconstituted in accordance with the provisions of section 3 within a period of three years from the date of supersession of the council under sub-section (1) (4) the central government shall, by notification in the official gazette, constitute the board of governors which shall consist of not more than seven persons as its members, who shall be persons of eminence and of unimpeachable integrity in the fields of medicine and medical education, and who may be either nominated members or members, ex officio, to be appointed by the central government, one of whom shall be named by the central government as the chairperson of the board of governors (7) two-third of the members of the board of governors shall constitute the quorum for its meetings ———— a billfurther to amend the indian medical council act, 1956————(dr harsh vardhan, minister of health and family welfare)	Parliament_bills	421150bc-a215-5fd4-ae20-d20971279d0d
bill no 150 of 2018 the constitution (amendment) bill, 2018 by shri dushyant chautala, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2018short title and commencement (2) it shall come into force with at once 2 after article 16 of the constitution, the following article shall be inserted, namely:—insertion of new article 16a right to employment statement of objects and reasonsthe fundamental rights enshrined in our constitution are not merely statements or words which are written in the book of law these rights are essential for building a holistic society which espouse the principles laid down in the preamble of the constitution it is necessary that time and again we review our constitution and insert necessary provisions as and when required which purport to be the need of the hourcurrently we are witnessing an unprecedented scale of rise of aspiration among citizens in our country we have seen during the last two decades that india has emerged as one of the largest economies in the world it recently became the fifth largest economy of the world over the last ten years our country has been in that phase of demographic divide that can yield the best results in both social and economic terms in the world hence it is the need of the hour that energies and aspiration of our youth are channelized in the most productive and positive manner for the welfare and development of our countrythe former deputy prime minister ch devi lal ji espoused the values of fraternity, liberty and socio-economic empowerment of the rural section in our country his efforts towards building a robust rural indian economy bore fruits during his tenure in the later 1970s in the union government and previously in the state of haryana during the 1960s and early 1970sin later years, whenever pro-farmers governments took over in any state across the country, we have witnessed how empowerment of youth can deliver the best results for the holistic development of any state however with the changing economic scenario, the economic condition in different jurisdiction across the world are becoming tertiary sector centric and hence the necessity for generating employment have increased many foldsin such a backdrop, it is necessary that every youth who is qualified, deserving and willing to seek employment gets necessary opportunities of employment our nation has witnessed that whenever the energies of its youth is channelized in a constructive manner, it has fed to emergence of socio-economic developmentwe have seen how successive governments have taken measures for the empowerment of the yuva shakti of this country either through skill development or under work generation schemes under the mahatma gandhi national rural employment guarantee act, but the results have not been up to the mark the same is corroborated from the fact that the number of unemployed persons in india is expected to rise from 183 million in 2017 to 186 million in 2018 and 189 million by 2019hence it is the need of the hour to make right to employment as a fundamental right of the citizenshence this billnew delhi;dushyant chautalajuly 17, 2018 financial memorandumclause 2 of the bill provides for making the right of employment a fundamental right of the citizens it further provides that every citizen who has not got any employment shall be entitled to get an unemployment allowance at such rate as may be prescribed by the parliament by law the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that recurring expenditure of about rupees five thousand crore per annum would involve from the consolidated fund of indiaa non-recurring expenditure of about rupees one thousand crore is also likely to be incurred———— a billfurther to amend the constitution of india————(shri dushyant chautala, mp)mgipmrnd—1775ls(s3)—19-09-2018	Parliament_bills	11609728-6a5a-5eb5-9739-947dad956316
bill no 152 of 2016 the constitution (amendment) bill, 2016 byshri bhartruhari mahtab, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—amendment of article 752 in article 75 of the constitution, after clause (3), the following clauses shall be inserted, namely:—"(3a) a motion of no-confidence in the council of ministers shall be accompanied by a motion of confidence, which shall specify the successor prime minister5(3b) a motion of no-confidence in the council of ministers shall be voted uponsimultaneously with the accompanying motion of confidence and both the motions together shall be treated as carried or defeated, as the case may be"amendment of article 1643 in article 164 of the constitution, after clause (2), the following clauses shall be inserted, namely:—10"(2a) a motion of no-confidence in the council of ministers shall be accompaniedby a motion of confidence, which shall specify the successor chief minister(2b) a motion for no-confidence in the council of ministers shall be voted upon simultaneously with the accompanying motion of confidence and both the motions together shall be treated as carried or defeated, as the case may be"15amendment of article 1724 in article 172 of the constitution, after clause (1), the following clause shall be inserted, namely:—20"(1a) notwithstanding anything in this constitution, the central government shall, within six months from the date of coming into force of the constitution (amendment) act, 2016, in consultation with the election commission, determine the manner of extending or curtailing the duration of the term of the state legislative assemblies in order to synchronise the general elections to the state legislative assemblies with the general elections to the house of the people that shall be held after the coming into force of the constitution (amendment) act, 2016"5 after article 326 of the constitution, the following article shall be inserted, namely:—25insertion of new article 326a simultaneous elections"326a the elections to the house of the people and the legislative assemblies of all the states shall be held simultaneously" statement of objects and reasonsthe constitution vests the power of superintendence, direction and control of elections with the election commission india being the largest democracy, it is quite obvious that the magnitude and scale of conduct of elections is also of immense proportions such an exercise does cost resources and is time consuming too it is not surprising that the country often finds itself in a perpetual election mode because of conduct of separate elections to lok sabha and the state assemblieswhile elections are the cornerstone of a democracy, it is equally important that the conduct of elections does not, in any way, hinder the process of governance this is where frequent elections are considered undesirable and a case for simultaneous elections to lok sabha and the state assemblies is made outthe first argument put forth for advocacy of simultaneous elections is that it will considerably reduce the cost of elections conduct of separate elections to lok sabha and state assemblies requires huge costs in terms of men and material if these elections are held simultaneously on the same day, the financial burden on both the exchequer and the political parties will be reduced considerably this can further reduce the role of dubious money that presently vitiates the election process secondly, the model code of conduct tends to disrupt the process of governance since many governmental initiatives have to be put on hold till the completion of elections thirdly, the electioneering campaigns also disrupt the normal public life at times, there are clashes between political workers and some unscrupulous elements resort to inciting communal violence, defamatory statements and other unethical practicesthe conduct of simultaneous elections is, however, also challenging most prominent among those challenges is the possibility of early dissolution of lok sabha or a state assembly moreover, there are questions on capabilities of the election machinery to conduct such a massive exercisethe bill, seeks to amend the constitution with a view to:—(i) amend article 75 of the constitution to provide that a motion of no-confidence shall be accompanied by a motion of confidence naming the successor prime minister and both these motions shall be voted upon together and accordingly carried or defeated together;(ii) to amend article 164 to make similar provisions in respect of motion of no-confidence brought in a state assembly;(iii) to make transitional provision that on commencement of the provisions contained in the bill, the central government shall take a decision, in consultation with the election commission, regarding extending or curtailing the duration of state legislative assemblies so that the elections to the assemblies may coincide with next elections to lok sabha; and(iv) insert a new article 326a in the constitution providing for simultaneous elections to lok sabha and the state legislative assemblies hence the billnew delhi;bhartruhari mahtabmay 2, 2016 annexure extract from the constitution of india\| \| \| \| \| \| \| \|\|------\|------\|------\|------\|------\|------\|-----\|75 (1) the prime minister shall be appointed by the president and the other ministers shall be appointed by the president onthe advice of the prime ministerother provisions as to ministers\| \| \| \| \| \| \|\|------\|------\|------\|------\|------\|-----\|(3) the council of ministers shall be collectively responsible to the house of the people\| \| \| \| \| \| \| \|\|------\|------\|------\|------\|------\|------\|-----\|other provisions as to ministers164 (1) the chief minister shall be appointed by the governor and the other ministers shall be appointed by the governor on the advice of the chief minister, and the ministers shall hold office during the pleasure of the governor:provided that in the states of chhattisgarh, jharkhand, madhya pradesh and orissa, there shall be a minister in charge of tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes or any other work\| \| \| \| \| \| \| \|\|------\|------\|------\|------\|------\|------\|-----\|(2) the council of ministers shall be collectively responsible to the legislative assembly of the state\| \| \| \| \| \| \| \|\|------\|------\|------\|------\|------\|------\|-----\|duration of state legislatures172 (1) every legislative assembly of every state, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the assembly:provided that the said period may, while a proclamation of emergency is in operation, be extended by parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate(2) the legislative council of a state shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by parliament by law\| \| \| \| \| \| \| \|\|------\|------\|------\|------\|------\|------\|-----\|———— a billfurther to amend the constitution of india————(shri bhartruhari mahtab, mp)gmgipmrnd—1044ls(s3)—02-07-2016	Parliament_bills	b0727641-c674-5670-85e2-7c897cb1d00f
t h e a p p r o p r ' l i l l o n ( l u i l l u ^ y s ) n o 3 b i l l , i 9 8 8 c 'ib b e / a s i n t r o d u c e d i n l o k s a b h a ')p 3 -0 © 3} i r i c o l u m n 3 j u n d e r t h e s u b - h e a d i n g '' c h a r g e d o n t h e c b n s o l i d a t e d f u n d " , -a g a i n s t i f o t e n o 7 , f o r " 3 , 6 1 4 6 " r e a d " 3 6 , 6 lf8 "new delhi;l y l a r c h 1 6 , 1 9 8 8 p h a l g u n a 2 6 , 19 0 9 ( f i j a k a y2 1 ma r 1988biu no 22 of 1988 the appropriation (railways) no 3 bill, 1988ai ■ billto provide for thjs authorisatwn of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certaiin services for the purposes of railways during the financial year ended on the 31st day of march^ 1986 in excess of the amounts granted far tho^e services and for that yearb e it enacted by parliam ent in the t hirty-ninth year of the republic )f india as follows: —1 this act m ay be called the appropriation (railways) no 3 act, short1988title5 2 from and out of the consolidated fund of india, the sums specified in column 3 of the schedule am ounting in the aggregate to the sum of one hundred and ninety-three crores, thirty-eight lakhs, sixtyfour thousand three hundred and seventy-six rupees shall be deemed to have been authorised to be paid and applied to m eet the amounts lo 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, 1986, in excess of the amounts granted for those services and for that yearissue of rs 193,38, 64,376 out of the consolidated fund of india to meet certain expenditure for the year ended on the 31st march^ 1986appro- 3 the sum s deem ed to have been authorised to be paid and applied priation from and out c l the consolidated f und of india under this a ct shall be deem ed to have been appropriated for the services and purposes expressed in th e schedule in relation to the financial year ended on the 31st day of m arch, 1986 5123sums not exceedings no of votetotal10services and purposesvoted by parliamentcharged on the consolidated fundrsrsri2mlsccuaneous expenditure (gentral) 33,96533,95515 4repairs and maintenance of permanent way and works5,04,64,3545,04,64,3545repairs and maintenance of motive power 21,11,46,914« 21,11,46,9146repairs and maintenance cf carriages and wagons3,74,06,0003,74,06,0001repairs and maintenance of plant and equipment 1,18,72,3883 ^6481,19,09,0368operating expenses-rolling stock and equipment1,01,34,924iy90y3031,03,25,22725 9operating expenses—^trafbc 3,46,34,1283,46,34,12810operating expenses—fuel4,05,08,2684,05,08,26811staff welfare and amenities 1,20,37,9331,20,37,93312miscellaneous working expenses 5,75,30,9305,75,30,93030 13provident fund, pension and other retirement benefits 11,69,63,805- •11,69,63,8051535dividend to general revenues, repayment of loans taken from general revenues and amortization of over- capitalisation 83,76,67,93383,76,67,93316assets—acquisition, construction and replacementother expenditure4»railway funds 51,32,35,883••51,32,35,883t o ta l193,36,03,4602,60,916193,38,64,376 statement of objects and reasons■hiis bill is introduced in pursuance of article 114(1) of the c onstitution of india, read w ith article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to m eet th e expenditure incurred in excess of the appropriation charged on th e f u n d and the grants made by the lok sabha for expenditure of the c entral g overnm ent on railways for the financial year ended on the 31st day of m arch, 1985madhavrao scindia pr e sroe n t 's recommendation under article 117 of the constitution of india[copy of letter no 88-b-403 dated 10 m arch, 1988 from shri m adhavrao sdnctia, m inister of state for railways to the secretary-g eneral, lok sabha]the president, having been inform ed of the subject m atter of the proposjed a ppropriation railw ays biu providing for the appropriation out of the condolidated fund of india of the moneys required to m eet the expenditure incurred in excess of thle grants m ade by lok sabha for 1985-86, recomnfends under clauses (1) and (3) of article 117 of th e constitution, the introduction in and consideration by lok sabha of- th e a ppropriation 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, 1986 in excess of the amounts granted for those services and for that year(shri m'<idhavrao scindia, minister of state of the m inistry of railways)'	Parliament_bills	d21bda04-8e2e-59ab-99b2-5919a5c53556
bill no 175 of 2016 the compulsory pre-marriage medical investigation bill, 2016 by dr kirit premjibhai solanki, mp a billto make medical investigation of intending couples compulsory before marriage so as to diagnose, manage and monitor diseases in individuals and to prevent further spreading of diseases in children born to such couplesbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state, and in all other cases, the central government;5(b) "medical investigation" means a medical procedure or test performed to detect, diagnose or monitor diseases, disease processes or susceptibility to diseases and to determine a course of treatment; and(c) "prescribed" means prescribed by rules made under this act3 (1) every male and female shall, before marriage, undergo such medical investigations, as the central government may, by notification in the official gazette, specifymedical investigations of male and female10(2) without prejudice to the generality of the foregoing provision, the medicalinvestigations referred to in sub-section (1), shall include—(a) test for hiv and other stds; (b) test for blood group to rule out incompatibility of blood group or rhesus isoimmunization;(c) test for sickle cell genes; and15(d) test of fertility4 (1) the central government shall, in consultation with the medical council of india, within six months of the coming into force of this act, formulate medical investigation policy prescribing norms to be followedformulation of medical investigation policy20(2) the central government shall issue guidelines and directions to the state governments with regard to medical investigation of intending couples before their marriage5 for the purposes of this act, the appropriate government shall— (a) provide free medical investigation facilities to individuals once in every six months in state run hospitals; andappropriate government to provide free medical investigation facilities25(b) ensure that medical investigation facilities are also provided to individuals inprivate hospitals at such concessional rates as may be prescribed6 (1) every person shall maintain his health data report in such manner, as may be prescribedmaintenance of health data report30(2) it shall be the duty of every person to disclose, before marriage, his health datareport, to the other party to the marriage7 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds to the state governments for carrying out the purposes of this actcentral government to provide requisite funds penalty358 whoever contravenes the provisions of this act, shall be punished with imprisonmentfor a term which may extend upto six months and with fine which may extend upto rupees ten thousandpower to make rules9 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act40(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid,both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsat present, diabetic population of india is estimated to be around 62 million besides, india has 21 million people living with hiv also, there are about 2 million registered cancer patients in india with majority of population unregistered or unaware blood pressure related issues are also on the rise a large number of cases are either not detected or remain underdiagnosed moreover, deaths due to various illnesses are not registered thus making the situation more alarmingsome of these diseases are transmitted through sexual contact it is, therefore, the need of the hour to make medical investigation of every individual mandatory before marriage so that these fatal diseases are not further transmitted or passed on to the coming generationshence this billnew delhi;kirit premjibhai solankijuly 4, 2016 financial memorandumclause 5 of the bill provides that appropriate government shall provide free medical investigation facilities to individuals once in every six months in state run hospitals clause 7 provides that the central government shall provide requisite funds to the state government for carrying out the purposes of this act the expenditure relating to states shall be borne out of the consolidated funds of the states concerned however, the expenditure relating to union territories shall be borne out for the consolidated fund of india the bill, therefore, enacted would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees one hundred crore would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees fifty 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, therefore, of a normal character———— a billto make medical investigation of intending couples compulsory before marriage so as to diagnose, manage and monitor diseases in individuals, prevent further spreading of diseases in children born to such couples————(dr kirit premjibhai solanki, mp)	Parliament_bills	10f4d0fa-b4a2-5362-a638-02e13e0dfae7
the indian tariff (amendment) bill, 1957(as introduced in lok sabha) the indian tariff (amendment) bill, 1957 (to be introduced in lok sabra) a billturiher to amend the i'i'tclian ra:ri1! act, 1934 be it enacted by parliament in the eighth year of ~e ~epublic of india as follows:-1 (1) t~is act may be caijed ,the indiantariff·(amendment) short title and act, 1957 commencement s (2) the provisions of clause (vi) of ·section 2 [relating to item ~o ;7~(1?:>] shall ,come into ~orce on ide fidrt day ot january, 1958; ~lld the ~ing plg-!sioas8halicometrtto fo~ at thlce 32 of 1934 2 in the first schedule to the indian t~riff act, 1fj34,-amendment of the pint (i) in item no 18, in the last co\u,nm ,headed "duration of sct:edllle 10 pr~tive rates ~f duty", for the w~rd,' ,ri~l\~'a'ld letters "december slst, 1957", wherever they occur, ~e ,~~, :figures and letters "december 31st, 1958" shall be su~titut~d; r - •• ("ii) in item no 28(31), in :tpe )a~t ,colu~ ~a4~ "pljration of prot~~ve rates ~f ~uty;', fpr ~ word, ~uj;'~ and,letters i s ~ember 31st, 19s'7", wberever they occur, the word, ,ligures and letters "december 31st, 1960" shall be substituted; (:iii) ift itemnb5&(5), in the !ast c~lumn~epcied ':d~ration 4f:~ ri_ fif duly",' tor the ~~n'!i, ~l¥:~ ~ tletters "december 31st, 1957", the word, figures: and letters "decem~r eo 31st, 1959" shall be substituted; (iv) in item no 63(33)(a), in the last column headed "duration of protective rat-es of duty", for the word, figures and letters "december 31st, 1957" i the word, figures and letters "december 31st, 1960" shall be substituted; (v) in each of the items nos 70(2) and 70(3), in the last s column headed "duration of protective rates of duty", for the word, figures and letters "december 31st, 1957", the word, figures and letters "december 31st, 1958" shall be substituted; (vi) for item no 73(17), the following item shall be substituted, namely: _ "73 (17) electrical (vii) in item no 75(9),-(a) in the third column headed "nature of duty", for the word "revenue", the word "protective" shall be su~tituted, (b) in the fourth column headed "standard rate of duty", 2s for the figures and words "60 per cent ad valorem", the figures and words "50 per cent ad valorem" shall be substituted, and (c) in the last column headed "duration of protective rates of duty", the word, figures and letters "december 31st, 30 1967" shall be inserted; (viii) in item no 75(10),-headed "nature of duty", {or word "protective" shall be (a) in the third column the word "revenue", the substituted, (b) in the fourth column headed "standard rate of duty", for the ftgures and words "90 per cent ad valorem", the figures and words "50 per cent ad valorem" shall be substituted, and (c) in the last column headed "duration of protective 40 rates of duty", the word, figures end letters udecember 31st 1987"sball be inserted; (ix) in each of the items nos 75(11) and 75(12),-(a) ill the third column headed "nature of duty", for the word "revenue", the word "protective" shall be substituted, 5 (b) in the fourth column headed "standard rate of duty", for the figures and words "30 per cent ad valorem", the figures and words "25 per cent ad t'alorem" shall be substituted, and (c) in the last column headed "duration of protective 10 rates of duty", the word, figures and letters "december 31st, 1967" shall be inserted; (x) in item no 75(14),-(a) in the third column headed "nature of duty", for the word "revenue", the word "protective" shall be substi-is tuted, and (b) in the last column headed "duration of protecti1(e rates of duty", the word, figures and letters "december 31st, 1967" shall be inserted the objects of the present amendment to toe j'irst schedule to the indian tarift act, 1934 (32 of 1934) are-(i) to grant protection to tqe ~\l,~o,nl~ lndustry, pld (ii) to continue or discontinue prwltim ~ <llriain other industries, pn ~ 4ldyi~ tof tbe tari c~~ 2 the industries which will continye to 'be pl'otectedltl'e:-2 , 4· 3 protection will be discontinued from the 1st january, 1958, in respect of electric brass lamp holders new dl:lhii manubhai shah the 8th augtut, 1957 - a bill further to amend the indian tariff act, 1934the president has, in pursuance of clause (i) of article i 17 of the constitution of india, recommended to lok sabha, the introduction of the bill m n kaul, secretary (shri manuhhai shah, minuter of industry)	Parliament_bills	27702541-aa94-52ab-a557-ecfcbae58d60
bill no 174 of 2016 the constitution (amendment) bill, 2016 byshri feroze varun gandhi, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2016short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint:5provided that different dates may be appointed for different provisions of this act andany reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision2 in article 324 of the constitution,—amendment of article 324 (a) for clause (2), the following clauses shall be substituted, namely:—"(2) the election commission shall consist of the chief election commissioner and such number of other election commissioners, if any, as the president, may, in consultation with the committee of appointments, from time to time, fix5(2a) the appointment of chief election commissioner and other election commissioners shall, subject to the provisions of any law made in that behalf by parliament, be made by the president on the recommendations of the committee of appointments(2b) there shall be a committee of appointments consisting of—10(i)the prime minister—chairperson;(ii)the speaker of the house of the people—member;(iii) the leader of the opposition in the council of states—member;(iv) the leader of the opposition in the house of the people—member;15(v)the chief election commissioner of india—member; and(vi) one retired judge of supreme court of india to benominated by the chief justice of india—member20explanation—for the purposes of this clause, "the leader of the opposition in the house of the people" or "the leader of the opposition in the council of states" shall, when no such leader has been so recognized, include the leader of the single largest group in opposition of the government in the house of the people or the council of states, as the case may be25(2c) the committee of appointments shall recommend to the president the name of person for appointment as the chief election commissioner, the election commissioner or the regional commissioner"; and (b) in clause (4), for the words, "after consultation with election commission", the words "on the recommendation of the committee of appointments" shall be substituted statement of objects and reasonsthe success of indian democracy is considered to be its ability to conduct elections in a free and fair manner in a country which is divided on linguistic, racial and religious basis it was with this idea that election commission of india was formed as an autonomous body to look over the violation in representation of people act, 1950 and to conduct free and fair electionsparticipating in the constitutional assembly debates, dr ambedkar, the chairman of the drafting committee, on election commission said: it has been brought to the notice of both the drafting committee as well as central government that in these provinces the executive government is instructing or managing things in such a manner that those people who do not belong to them either racially, culturally or linguistically, are being excluded from being brought on the electoral rolls the house will realize that franchise is a most fundamental thing in a democracy no person who is entitled to be brought into the electoral rolls on grounds which we have already mentioned in our constitution, namely, an adult of 21 years of age should be excluded merely as a result of the prejudice of a local government, or whim of an officer that would cut at the very root of democratic governmentthe appointment of chief election commissioner and election commissioners through an autonomous body which includes representatives from judiciary, executive, politics and election body itself will provide for an impartial appointment of the commissioners without due interference from the sitting governmentthe reported weightage given to various high profile politicians or politicians in power as compared to the political parties in oppostions and other politicians, in the matter of appointment of the chief election commissioner and other election commissioners, is one of the issues raised by political parties and reflects upon the politicisation of election bodyas elections are supposed to be completely impartial in nature, the very guardians of this impartiality ie election commission of india should also be chosen on the principle of independence from political influencethus a body which will have representation from across the aisle and various pillars of democracy will allow for independent appointments and thus raising the stature of the election commission of india itselfhence this bill financial memorandumclause 2 of the bill provides for appointment of a retired judge of the supreme court as member of the committee of appointments it will involve nominal expenditure on account of payment of ta/da and other remuneration to the retired judge as and when the meetings of the committee of appointments all held since it is not possible to estimate the ta/da and remuneration which shall be paid when the meetings are held, it is, therefore, at this stage, not possible to estimate the exact amount which will be involved from the consolidated fund of indiano other expenditure will be involved annexure extract from the constitution of india part xv elections324 (1) superintendence, direction and control of elections to be vested in an election commission(2) the election commission shall consist of the chief election commissioner and such number of other election commissioners if any, as the president may from time to time fix and the appointment of the chief election commissioner and other election commissioners shall, subject to the provisions of any law made in that behalf by parliament, be made by the president(3) (4) before each general election to the house of the people and to the legislative assembly of each state, and before the first general election and thereafter before each biennial election to the legislative council of each state having such council, the president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission in the performance of the functions conferred on the commission by clause (1) ———— a billfurther to amend the constitution of india————(shri feroze varun gandhi, mp)gmgipmrnd—1572ls(s3)—20-07-2016	Parliament_bills	45f3a6f4-c16c-5ff6-ae36-f601b270202d
bw no t'i or 1179 the appropriation (no 2) bill~ 1979 a billto 4uthorise payment cmdappr0pri4fiion of certain fu,rthet sums from and out of the consolid4ted fund of bidia for the services of the financial yeoii' 197&-'19 be it enacted by parliament in the thirtieth year of the republic of india as follows:-1 this act may be called the appropriation (no2) act 1979 z from and out ofi the consolidated fund of india there may be paid 5 and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of two thousand and thirtytwo crores, twenty-three lakhs and my-nine thousand rupees towards defraying the several charges which will come in course of payment during "the financial year 1978-79, in respect of the services specified in 10 column 2 of the schedule short title issue of rb 2032, 23,59,000 out of the consolidated fund ot india tor the year 1978-79 appropriation 3 the sums authorised to be paid and applied from and out of the consolidated fund of in~ by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said yell!' voted by ~ parliamcnl total dated fuud lu ra ri animal huibandry and dairy development revenue 2000 2000 capital 1004508000 10045008000 10 6 department of food - revenue 112 05000 112rf4,~ capital 1000 ao,oooo,ooo 1100001000 7 department of rural dc-velopment · revenue 333752000 !j!j!j7>51l,ooo 10 department of irrigation capital 404,17000 4,p,17,ooo is ii miniitry of commerce, civil supplies and co-revenue operation 452,000 4052000 12 foreip trade and ex· port production revenue 23,68,80,000 23,68,80,000 20 capital 11,000 s,oo,oo,ooo 5,00,011,000 18' capitld outlay on poid and telcgrapbi capital 3,000 3,000 19 mintitry·df ~ itcycdue ~'-r,oo;doo 44400,000 go defence scrvicei-anny revenwt, ,1s000 7,7spoo 2s 22 defence scrvicca - air f~cc reveauc 59,66,10000 '''s,ooo 5968!j5,ooo !l!j ·dtimce· servm -pildliona" revoaut 8,0 1,2!;,ooo ~ 'bpi ,750000 24 ~ 0utiky on defence icca - - capital ~~ 1800,000 i ~r~ revenue i,ooci 1,000 30 117 department of social welfare - revenue 1400,00,000 14,0000,000 g8 jifiniitry of bbcf'i1 revac "'eoe 8,80,000 , 119 ! power development capital !j6,114,ooooo 16,114,00,000 so :coaj aad lisuite · caphal s i ,jl,tilopio s"3~ 35 !ji ~ of bxtmiai revenue 7,g6;850000 7,g6jj&ooo 52 midatry-oflliaace · rl!\icinue 8o,5!jpoo ~ 37 audit 'ltevenue 904s,ooo 9,4s,ooo 1 38 currency, coinage and capital 40 mint 19000 19000 40 opium and albiojd factories - · 'luvema &~ no suldi'uot 'ex~1 or ~~purp" v~" voted by cbarpd oil the 5 parliamedt couolidated total fwd lu lu lu 41 uoioll ten'itory '3'5:",7sooo ' wlludedii - - ~ s9,61,do,ooo gw,75 ,000 10 capital 136,8&1'1,000 i 117,000 ,,, p",,tb ~ r6~;b3poo i6,f7,'os,ooo fii other expenditure of the '8~i,ooo midiib-y offuwace - ~ue 868,0',000 ~ 'ffji4p 1,000 f9, 18,01 ,000 5 lout' '1b goyubmeml ') sc:rvaatl, etc - -8ipftal '~!r,tlo,ooo s551 ,bb,ooo &pkal trrj1~~;txio , n~,f]e"wooo 20 44- ~ of health add "', f y:welfare 1leva:aue 65g,ooo 6,590000 45 medical add public health cpicaj 1,js,ooo 1ss,ooo '' ~tif'piiodle affiiirs: revedue •• "73000 1111,75,000 i 25_ add adm;n;mdve r~ 1leva:aue 18,550000 rorma 18,33,000 so police capital 1,1j8000 ioaooo 511 other ~ture of the s8 i ,58,000 miniitry or homo affain capital 577,911,000 346,000 cbaodlprb revalue 6,1~,«» iis,99,ooo 30 m 1111,117000 capual 10,«¥j00 10,00,000 55 addamao and nicobar ia· revenue 113,70,000 8,«» 115,78,000 laoda sa midistry or iodultry re~due s,a,ooo 8,48,000 35 59 ioduatrie capital 5000,0',000 5,00,01000 61 textua, llandloom add hadclicrafta - · capital 115050,740000 115,50,74,000 6a min!:f; of idformatiod and bro c:utidg - - revenue 40s i ,000 ,81,000 40 63 information aod publicity capital ',000 1,000 a broad~g revenue 4000 ,000 capital 11,000 11,000 66 labour aod employmcat - revenue 11,000 11,000 68 adminiatratiod of juitice revalue st3~,ooo 5,311,000 45 71 ch:mlcab add pertllirn ldduatriea · capital ,000 1,000 ?6 roiiiiia revedue 111,1,87,000 111,41,87,000 capital 11,75,78,000 -,75,78,000 suiiii not excceclm," servicea and purpolcl no of vore , " ; voted ~y 'parl1amedt aa=on the diolidat-total s ed fudd i lu lu ra 77 porta, " lighthouses and s hippjo 8,76,10,000 8,76,10,000 revenue capital s~i6,'3,ooo 51l,16,75,000 10 78 llold and inland ware transport r capital 4089,36000 4-39,36,000 79 d~p"rtrnent of steel lleyedue capital 10,3851,000 -': 10,38,51,000 1000 1,000 logo,ciao ,00,000 i 80 department or mine 81 mines and minerab revcllue oapital 83 supplies and disposals 88 tourism revenue capi&al lo,~ioo,ooo 10,51,00,000 is 1,000 1,000 183"4,000 i,ss,i40ooo · · · · · go public worb - revenue capital 8,77,46,000 28,000 8,77,74,000 5,000 7,f}o,ooo i 7,95,000 20 ye-revenue capital housing and urban de lo~t - - ,1"i,,8g,ooo j,p,ooo i 1,19,ili,ooo 1,000 1,000 i ~z,9s,ooo 1l195000 ciiatoao-ullioll pbii c s""ic, co""";uilltl rew:nue taral - 5go,gs,5i ,ooo zwj~j,08,ooo 1i03ii,1l5,59 ,000 2s - _ statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution o! 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 tlie central government, excluding railways, for the financial year 197~79 satish agarwal president's recommendation under article 117 of the constitution of india[copy of letter no f4(12)-b(se) 179, dated the 28th february, 1979 from shri satish agarwal, minister o£ state in the ministry of finance to the secretary, lok sabha] the president, having been informed of the sjlbject matter of the proposed bill to authorise payment and appropriation of certidn further sums from and out of the consolidated fund of india for the services of the year ending on the 31st day of march, 1979, recommends the introduction of the appropriation bill, 1979 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 1975-79 have been voted , a billto authorise payment and appropriation ot certain ~ iiims uom and out of the consolidated fund of india for the i8rviges ·;(jfthe ftnandal year 1f'1a-7t (s~ satish aqarwal, mini&ter of state in the ministry oj finance)	Parliament_bills	fa4146ad-d441-56c2-a678-9b7197ffc420
the criminal law amendment bill, 1960 - (to be introduced in lok sabha) (to be introduced in lolt sabra) a bill 'to lupplement the criminal ltiw be it ena;:ted by parliament in the eleventh year of the republic of india a& follows:-· 1 (1) this act may be called the criminal law amendment act, 1960 5 (2) it extendc; to the whole of india except the state of jamm1l and kashmir 2 whoever by words either spoken or written, or by signs, or oacttiodifti b 'bl t t' th' 'th at die terriy visi e represen a ion or 0 erwlse, questions e terri tori tori" inintegrit~ o~ frontiers o~ india in a manner which is, o~ is likely ,to ~~~n ~i 10 be, prejudicial to the mterests of the safety or 3ecurlty of india, india in a shall be punishable with imprisonment for a term whirh may extend ;:!d:i pr:; to three years, or with fine or with both, the interests of wcry and security of india 3 (1) if the central government considers that in the interests stat~ents, of the sarety or security of india or in the public interest, it is ~~·lft~ arc! 15 necessary or expedient so to do, it may, by notification in the prejudi~1 d ' " th f' to ma'dte~ official gazette, declare any area a jommg e rontlers of india nance of to be a notified ar!:':,,; and thereupon, for so long as the notification pudblic etc , or cr, - is m force, such area shall be a notified area for the purposes of thilt therein or , ro ~ty section, or aec:urity 20 (2) whoever makes, publishes or circulates in any notified area of india and t h' h ' l'k i t b d' rcaujatton any statement, rumour or repor w ic is, or is 1 e y 0 e, preju 1- of entry of cial to the maintenance of public order or essential supplies or~' ba !;ervices in the said area or to the interests of, the safety or security such area of india, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both (3) on and after such day as may be specified in and subject to any exemptions for which provision may be lllade by, a notification issued under sub-~ection (1), no person who was not immediately s before the said day a resident in the area declared to be a notified area by the notification shall enter or attemp~ tc enter that area or be therein except in accordance with the terms of a pe:rmit in writing granted to him by a person, not below the rank of a magistrate of the first class, specified in the said notification 10 ,(4) any police officer, not below the rank of a sub-inspector of police, may search any person entering 'or attempting to enter, or b~ng in, or leaving, a notified area and any vehicle, vessel, animal or article brought in by such person, and may, for the purpose of the search, detain such person, vehicle, vessel, animal or article: is provided that no woman shall be searched in pursuance (if this sub-section except by a woman authorised in this behalf by the police officer (5) if any person is in a notified area in ('ontravention of the provisions of sub-section (3), then, without prejudice to any other 20 proceedings which may be taken against him, he may be removed therefrom by or under the direction of any police officer on duty in the notified area, not below the rank of sub-inspector of· police (6) if any person enters or attempts to ~nter a notified area or is therein in contravention of any of the provisions of sub-section 25 (3) he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both power to 4 (1) where any newspaper or book as defined in the press and !~~u~: registration of books a('t, 1867, or any other document, wherever 2s of cati0!18 printed, appears to the state government to contain any matter the 30 !':t1~~4ssue publication of which is punishable under section 2 or f:ub-section (2) iicbl'clt war- ot c;ection 3, the state government may, by notification in the :: for the ofhcial gazette, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter and every copy of such book or other document to be forfeited to the 35 government, and thereupon any police officer may seize the same wherever found and any magistrate may by warunt authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue or any copy of such book or other document may be or may be 40 reasonably suspected to be (2) the powers conferred by sub-section' (1) on the state government may also be exercised by the central government (3) in sub-section (1) "document" includes also any painting, drawing or photograph, or other visible representation 5 • ( 1) any person having any interest in any newspaper, book applicati~n or other document in respect of which an order of forfeiture has ~ourt t~l~ 5 been made under section 4 may within two months from the date asridfierfi ~rde ' 0 0 elture of such order, apply to the high court to set aside such order on the ground that the issue of the newspaper, or the book or other document in respect of which the order was made did not contain any matter of such a nature as is referred to;n sub-section (1) of 10 section 4 (2) the provisions of sections 99c to 99f of the code of criminal 5 of 1898 procedure 1898, shall apply in relation to an application under subsection (1) as they apply in relation to an application under section 99b of that code and the reference in sectien 99d to seditious or 15 other matter of such a nature as is referred to in sub-section (1) of section 99a of that code shall be construed as a reference to any matter of such a nature- as is referred to in sub-section (1) of section 4 of this act (3) no order passed or action taken under section 4 shall be called in question in any court otherwise than in accordance with the 20 provisions of this section statement of objects and reasonscertain recent developments in the regions adjoining the borders of india and in other parts of the country likely to jeopardise the security of the country and its frontiers point to the necessity of placing curbs on such activities the criminal law amendment bill, 1960, accordingly seeks to provide for punishment to person who may question the territorial integrity or frontiers of india in a manner prejudicial to the safety and security of the country, and for other cogna~e matters g b pant new dj:lm; the 17th decemb,27', 1960 there is no provision in the criminal law amendment bill, 1960, 'which would involve expenditure from the consolidated fund of india it is, however, likely that the administration of the different provisions of the bill, when enacted, may involve expenditure indirectly in the employment of police, magistrates and in the care and maintenance of persons convicted the expenditure is not expected to be large and is not likely to exceed rs 5,000 annually a bu! [0 supplement the criminal law the president has, in pursuance of clause (3) of article 117 of the constitution of india, reconunendcd to lok sabha the consideration of the bill m n kaul, secretary (shri gof)ind ballabh pa"t, minister of home affairs)	Parliament_bills	cbae8303-e711-5b1e-8131-78743625a34a
,am no jaz of 1t70 the labour provident fund laws (amendment) bill, 1970 a billfurther to amend the coal mines provident fund and &nw schemes act, 1948 and the employees' provident funds act, 1952 be it enacted by parliament in the twenty-first year of the republic of india as follows:-1 (1) this act may be called the labour provident fund laws short (amendment) act, 1970 title and commence-s (2) it shall come into force on such date as the central government ment may, by notification in the oalcial gazette, appoint and dt1ferent dates may be appointed for different provisions of this act 2 in the lollg tule to the coal mid:es provident fund and bonus amendment of long title ol8 of 1948 schemes act, 1948 (hereinafter referred to as the coal mines act), after 10 the words ''provident fund scheme", the words ", a family pension scheme" shall be inserted 3 in the preamble to the coal mines act, the first paragraph shall 'be omitted amendmentof preamble 4 in sub-section (1) of section 1 of the coal mines act, after the words "provident fund", the words ", family pension" shall bl~ inserted amendment of section 1 5 in section 2 of the coal mines act, after clause (e), the following s clause shall be inserted, namely:-amendment of section 2 - (ee) "family pension fund" means the family pension fund established under the coal mines family pension scheme framed under sub-section (1) of section 3ej' 6 in section 3a of the coal mines act,-amendmentof section 3a (a) in sub-section (3), after the words "the board shall", the words, figure and letter ", subject to the provisions of section 3e," shall be inserted; (b) in sub-section (4), for the words "the scheme aforesaid", the words "the coal mines provident fund scheme and the coal mines is family pension scheme" shall be substituted amendmentor section 3c 7 in sub-section (3) of section 3c of the coal mines act, after the words "coal mines provident fund scheme", the words "and the coal mines family pension scheme" shall be inserted 8 after section 3d of the coal mines act, the following sections shall ac be inserted, namely:-insertion of neon' sections 3eand 3f coal mines family pellsion scheme "3e (1) the central government may, by notification in the official gazette, frame a scheme to be called the coal mines family pension scheme for the purpose of providing family pension and life assurance benefits to such employees as are covered by the coal mines zs provident fund scheme (2) there shall be established, as soon as may be, after the framing of the aforesaid scheme a family pension fund into which shall be paid from time to time in respect of every such employee-(a) such sums not exceeding one-fourth of the amount pay- 30 able under sub-section (1) of section lod as the employer's contribution as well as the employee's contribution, as may be specified in the said scheme, and (b) such sums, being not less than the amount contributed by the employer in pursuance of clause (a) to which shall be 35 addecl a further sum equivalent to one-sixteenth of the amouat payable under sub-section (1) of section lod as the employer's sontribution, as the central government may, after due appropriation made by parliament by law in this behalf, specify (3) the family pension fund shall vest in and be administered 40 by the board (4) any scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the second schedule special grant by central government 3f the central government shall, after due appropriation made s by parliament by law in this behalf, pay such further sums as may be determined by it into the family pension fund to meet the expenses ineurred in connection wuh the administration of the coat mines family pension seheme not includijii therein the cost of an)' benefits provided by or under the said scheme" 10 9 in sub-section (2) of section 5 of the coal mines act, for the words "second schedule", the words "third schedule" shall be substituted 10 in section 8 of the coal mines act, after sub-section (2), the following sub-section shall be inserted, namely:-amendmentol section • amendmentol section 8 ii (3) the provisions of sub-section (1) and sub-section (2) shall, is so far as may be, apply in relation to the family pension or any other amount payable under the coal mines family pension scheme as they apply in relation to any amount payable out of the fund" 11 the second schedule to the coal mines act shall be re-numbered as the third schedule and before the third schedule as so re-numbered, 20 the following schedule shall be inserted, namely:-insertion of new second schedule "the second schedule (see section 3e) matters to be provided for in the coal mines family pen3ion scheme1 the employees or class of employees to whom the coal mines 2s family pension scheme shall apply and the time within which option to join that scheme shall be exercised by those employees to whom the said scheme does not apply 2 subject to the provisions of section 3e (2), the portion of employer's and employees' contribution which may be credited to the 30 family pension fund 3 the contribution by the central government to the family pension fund and the manner in which such contribution is to be made 3s 4 the manner in which the account shall be kept, the investment of moneys belonging to the family pension fund in accordance with any directions issued or conditions specified by the central government, and the rate of interest, not being less than 5~ per centum per annum, payable on such investments 5 the form in which an employee shall furnish particulars about himself and his family whenever required 6 the nomination of a person to receive the assurance amount due to the employee after his death and the canceliation or variation of such nomination 40 7 the registers and records to be maintained in respect of employees, the form or design of any identity card, token or disc for the purpose of identifying any employee, or his nominee or a member of family entitled ro receive the pension 8 the scales of family pension and the assurance amount_·9 the mode of disbursement of family pension and the arrangements to be entered into with such disbursing agencies as may be specified for the purpose 10 the manner in which the expenses incurred 1n comleetion with 5 the adrtifhlstration of the coal mines family ~sion s~heme ·be paid by 'the-'cettttlal government to the~rd of trustees 11 any other matter which is to be provided for in the coal mines p'afrl11y pension sch~me or which may be necessary or proper for the purpose of tml'lementlng the coal mines family pension 10 scheme" 12 in the long title to the employees' provident funds act, 1952 19 ot 1952 'hereinafter referred to as the provident funds act), atter the words i'provident funds", the words "and fatnily pension fund" shall be inserted amendment of long title 13 in section 1 of the provident funds a-ct,-is amendment of 8pction 1 (a) in sub-section (1), after the words "provident fullds", the words "and family pension fund" shall be inserted; (b) the proviso to sub-section (5) shall be omitted 14 in section 2 of the provident funds act,-amendment ot section' (a) after clause (g), the following clauses shall be inserted, 20 nrmely:-'(gg) ''family pension fund" means the family pension fund established under the family pension scheme; (gag) "family pension scheme" means the employees' family pension scheme framed under section 6a;'; 25 (b) for clause (1), the following clause shall be substituted, nan'i~jy:-'(1) "scheme" means the employees' provident funti scheme framed under section 5' amendment ot section 6a 15 in section ~a of the provident funds act,-30 (a) in sub-section (3) , after the words -"the central board shall", the words, ftgure and letter "subject to the provisions of section 6a," shan be inserted; (b) in bub-section (4), after the words clof the seheme", the words "and the family pension ~cheme" shall-be mserted 3s 18 in bub-section (3) ofse<rtion 5d of the provident li'wlds act, after the words "the scheme", the words "and the family pension scheme" shall be inserted amendmentol section lid 17 in section 5e of the 'provident funds act, after the words "the scheme", the words "and the famfly pension scheme" shall be inserted 40 amendment of section 6e 18 after section 6 of the provident funds act, the following sections shall be inserted, namely:-insertion of new sections 6aand6b employees family pension scheme 5 "6a (1) the central government may, by notification in the official gazett~, fratpe a scheme to be called the employees' family pension scheme for the purpose 'of providing family pension and life assurance benefits to the ~mployees of any establishment or class of establlshments to whicb this 'act appli~s (2) there shall be established, as soon as may be, after the framing of the family pension scheme, a family pension fund into which 10 shall be paid from time to time in respect of every such employee-(a) such sums not exc~eding one-fourth of the amount payaqle under section 6 as contribution by the e:mployer ~s well as the employee, as may be specified in the family pensiojl $cpeme, (b) such sums as are payable by the employer of an exempted is establishment under sub-section (6) of section 17, and (c) such sums, being not jess than ~e qaomjlt coqtributed by the employer in pursuance of dause (a), as the central govet1ljmllt may, ·fter due appropriatien ldilde by parliament by law in tlris behalf specify 20 (3) the family pension fund shall vest in and be administered by the central board (4) a family pension scheme may provide for all or any of the matters specified in schedjlle iii (5) a family pension scheme may provide that any of its pro-25 visions shall take effect either prospectively or retrospectively on such date ~s may be specified in this behalf in that scheme 30 special grallt by the central government 88 the central government shall, after due appropliation made by parliament by law in this behalf, pay such further sums as may be determined by it jpto the family pensi,qn f\lud to meet the expellhl incurred in conneetion with the administration of the family '88ion stw,~ _ ~iq t~",ein the caat ef an, beneftts pro-vwm jy orauuler ",d scheme" amendment of section 7 j 19 in sub-section (1) of section 7 of the provident funds act, for the words "any sch,eme framed under i1:his act",thewords ",the scheme or 3s the family :pellfjion scheme, as the case may ·be" shall be substit\rted amendment at section 7a 20 in sub-section (1) of section 7a of the provident funds act, for the words "or of the scheme", the words "the scheme or the family pension scheme, as the case may be," shall be substituted amendment of section 8 21 in clause (b) of section 8 of the provident funds act for the 40 words ·and figures '~under sqction 17",tbe words and~res "under section 17 or in tel\pect of the contribution payable by ·him towards the family pension scheme under the said section 17" shall'be substituted 22 in section 10 of the provident funds act, after sub-section (2) i the following sub-section shall be inserted, namely:-ament!-ment of section 10 "(3) the provisions of sub-section (1) and bub-section (2) shall, so far as may be, apply in relation to the family pension or any other amount payable under the family pension scheme as they apply in s relation to· any amount payable out of the fund" amendment of section 11 23 in clause (b) of section 11 of the provident funds act, after the words "under the rules of the provident fund,", the words, figures and brackets "any contribution payable by him towards the family pension fund under sub-section (6) of section 17," shall be inserted 10 24 in section 13 of the provident funds act,-amendment of section 13 (a) in sub-section (1), for the words "or of any scheme", the words "the scheme or the family pension scheme" shall be substituted; (b) sub-section (2a) shall be re-numbered as sub-section (2b) j, and before sub-section (2b) as so re-numbered, the following subsection shall be inserted, namely:-u(2a) any inspector appointed under sub~ection (1) may, for the purpose of inquiring into the correctness of any information furnished in connection with the family pension scheme or 20 for the purpose of ascertaining whether any of the provisions of this act or of the family pension scheme have been complied with in respect of an establishment to which the family pension scheme applies exercise all or any of the powers conferred on him under clause (a), clause (b), clause (c) or clause (d) of:2 s sub-section (2) "; (c) in sub-section (28) as sore-numbered, after the words, bracket and figures "under sub-section (2)", the words, brackets, figure and letter "or under sub-section (2a), as the case may be," shall be inserted 30 25 in section 14 of the provident funds act,-amendment of section 14 (a) in sub-section (1), for the words "or under any scheme", the words "the scheme or the family pension scheme" shall be substituted; (b) in sub-section (2), for the words cia scheme framed under 35 this act", the words "the scheme or the family pension scheme" shall be substituted; (e) in sub-section (3), for the words "or under any scheme", the words "the scheme or the family pension scheme" shall be substituted 40 26 in section 14a of the provident funds act,-amend! mentof section 14a (a) in sub-section (1) for the words "or the scheme made thereunder", the words lithe scheme or the family pension scheme" shall be substituted; -, · (b) in sub-section (2), for the words "or the scheme thereunder', the words "the scheme or the family pension scheme" shall be substituted 27 in section 17 of the provident funds act, after sub-section (5), the s following sub-section shall be inserted, namely:-amendment of section 17 10 "(6) notwithstanding any exemption granted under this section, the employer of an exempted establishment to which the provisions of the family pension scheme apply, shall pay to the family pension fund such portion of the employer's contribution as well as the employee's contribution to its provident fund as may be specified in the family pension scheme" 28 in section 18 of the provident funds act, for the words "or under any scheme", the words "the scheme or the family pension scheme" shall be substituted amendment of section 18 amend ment of section 19 29 in section 19 of the provident funds act, for the words "or any is scheme", the words "the scheme or the family pension scheme" shall be su bstitu ted 30 after schedule ii to the provident funds act, the following schedule shall be inserted, namely:-insertion of new schedule iii 20 schedule iii [see sectj()n 6a (4)]matters for which provision may be made in the family pension scheme 1 the employees or class of employees to whom the family pension scheme shall apply and the time within which option to join that scheme shall be exercise d by those employees to whom the said 25 -scheme does not apply 2 subject to the provisions of section 6a (2), the portion of employer's and employee's contribution which may be credited to the family pension fund 30 3 the contribution by the central government to the family pension fund and the manner in which such contribution is to be made 35 4 the manner in which the account shall be kept, the investment of moneys belonging to the family pension fund in accordance with any directions issued or conditions specified by the central government, and the rate of interest, not being less than 5 per centum per annum, payable on such investments 5 the form in which an employee shall furnish particulars about himself and his family whenever required 6 the nomination of a person to receive the assurance amount due to the employee after his death and the cancellation or variation of such nomination 7 the re~ters and records to be maintained in respect of empleyees, the form or design of any identity card, tgken or disc for the purpose of identifying any employee, or his nominee or a member of family entitled to receive the pension 8 the scales of family pension and the assurance amount 9 the manner in which the ex-empted establishments have to pay the contributions (both employers' and employees' shares) 5 towards the family pension fund and the submission of returns relating thereto 10 the mode of disbursement of family pension and the arrangements to be entered into with such disbursing agencies as may be specified for the purpose 10 11 the manner in which the expenses incurred in connection with the administration of the family pension scheme be paid by the central government to the aoard of trustees 12 any other matter which is to be provided for in the family pension scheme or which may be necessary or proper for the purpose 15 of implementing the family pension scheme" 31 in section 44 of the life insurance corporation act, 1956, after clause (f), the following clause shall be inserted, namely;-amendment of act 31 of 1956 "(g) any family pension scheme framed under the coal mines provident fund and bonus schemes act, 1948 or the employees' 20 48 of 1948 provident funds act, 1952 for the purpose of providing family pen-19 of 1952 sion and life assurance benefits to the employees covered by the said scheme the coal mmes provident fund 'and bonus schemes act, 1948 and the ~mploy~s' provident funds act, 1952 provide"for the institution of protrident funds for employees' in coal mines, factories and other establlshnlents provident fund is an effective old~age and survivorship benefit, but when the employee happens to die prematurely, the accumulations in the provident fund are too small to render adequate and long-term protection to his family' with a view t6 providing long-term financial security to the families of industrial employees in the event of their premature death, it is proposed to introduce a family pension scheme for the employees covered under the two acts, and to create a family pension fund for this purpose by diverting a portion of the employer's and the employees' contributions to the provident fund, to which will be added a contribution by the central government out of the fund so set up, it is proposed to pay family pension at prescribed scales to the survivors of employees who die while in service before reaching the age of superannuation besides family pension,a compulsory life insurance benefit of rs '1000 will also be payable to the survivors of the employees in the event of death in service in the case of retirement, a lumpsum payment up to a maximum· of rs 4000 will be made to the employee depending upon the length of his service the terms and conditions for the grant of family pension will generally be the same as those applicable ~g the celltral government employees the benefits payable under the family pension scheme will be in addition to the payments due to the employees from the provident fund 2 the proposed scheme of family pension will be administered by the board of trustees, coal mines provident fund in respect of members of the coal mines provident fund, and by the central board of trustees, employees' provident fund, in respect of the employees of establishments covered by the employees' provident funds act; 1952 the cost ot administration'of the family pension scheme in each case will be borne by the central government ' " -, 3· the bill seeks to amend suitably the coal mines provident fund and bonus schemes act, 1948 and the employees' provident funds act, l~:l in order to achieve t~ese objectives d sanjivayya nsw dj:lbi; the23rd november, 1970 • · •• , 'o ' \ prlsm:nrt"s becommendatiol'f under article 117 of nre "' cpnstitution· of india [copy of letter no 16/1/70-pfii <vol it), c;iatedthe27th november, 1170 from shri d sanjivayya, minister of· labour, and rehabilitation to the secretuy, lok sabha] the president of india having been informed of the' subject matter of the above-mentioned bill has, in pursuance of clause (1) of article 117 of the constitution, recommended the introduction of the said bill in the lek sabha clauses 8 qld 18 of the am envis",,~ c;qnstit"tiqn,oleam~ aedlien funds tor the workers cqvered wldar the cci)alminescetavldenteluuleru:t bonus schemes act, 1948 and the employ,ees'p,rovident,funds act, 1952 by diversion of a portion of the employer's and the emplqyeae' contribu-tions to the provident funds; to which wiube added a contrib"tion b¥ the central government it has been prl)pojed thattbe contributions ot the employer, employees and the centril government to the family pension funds may be asshown below-(1) aal miiltlprovjdeahl-l : (a) jilhp~r 11% ofp, i~o of,y (it) bldplo,ee (e) centrll goven ment " 1 te;o of pay (2) junpjoyee' providf!dt i' : i~of'h) (ii) el1lplo,cr (6) bmplormi (c) ccaualooyblllalio;lt l"",ofp~· 2 clauses 8 and 18 of the blll also envisagfi! that the cost qfatlmiujitration of the fltnlly pension fund scheme will be paid by the central gowlllblfiiatl 3 the coal mlnes provident fund and bqlui8 s~mmes act, 1948 is app'li~able ttl about 4 lilths of employees in coal mines 'the equayeea' prbvldent fund$ at!\, 19&2is at pret~~b1e to abmlt55jakhi·a1 empltjyees ~)tlstlha n'lemb~i of th~ ~oa1 ·,miaaes pmvictert r1idd udl the employ-eea 01 &stlbu!;hrn~nts already c:oven:d bytb tnqlgym'l' provident funds act will be given option to come over to the family peneion ~i_ orctajtbn1illile"ui'uier··pwlili1ieut>i'ad"shtint-·rsek it u' ejllledtdidiat'f6':pfji', t d ,otj tbe,empio)lml8 6lfeatl, 11' • \iftdt!t the two acts will opt for the famlty me but the' p6t1tibili~ of l00-pei\ ~t • mtloyees opting for the family pension scheme cannot be ruled out 4 assuming that 75 per cent of the emplo~ ~ uft~ the coal mines provident fund and bonul~&h=e,act,aluithl~ preyldent fuhds a'ct opt for the flmlly ~i\libn scheme, the annual financial liability of the clfttral ~ent 1iftd«msequent expenditure from the consolidated fund of incu hasb~n estimated as under:-(i) ==i:l1=~m=: (ii) centrll government codtributioft to the peaaioo fund at the rate of if% of ply (%) employees covered under the emph,yee· provident fund act: ~) e~i-(}gvermnent·eontrlbutlon to the 'pens ion pu;'l at the rat~ of 1 i% of ply (~ coat·fif adjftinimatioir if, however, 100 ~r cent employees covwed unclei' the coal minet provicteftt fund and' bonus schemes act and the' emp!qyetts'provident funds act opt for the family pensi'an scheme the annual ftnanclal liqtiulty of the central government and coilleqjlen~ expenditure from the c0ns01i<!ated'1"und of 1hdi, will b~ as under;-(j) ~yeu""""'''r:thcia''l mines·jtro9i'lllm:1'udd -lji>nis ~ ~ : () employqs~ned ua tit 881'10,· pro9id p~:isact: (til c~tral g'w:mm~tcontribatlan to the plllliollhnci it 11% of ply, (~·g ltr· __ s1rtten the uabilityof the central govemment in respect' of employees eavered under the employees' provident funds act will increase proportionately with the expansion of coverage of the act enote-about 4 per cent of the cost of administration represents nonrecurring expenditure memorandum regarding delega'j'f,:d legislation the nraw section 3e of the coal mine~provideni fund and bonus schemes act', 1948, proposed to be inserted under clause 8 of the bill, seeks to empower the central government to frame the coal mines family pensiop scheme for the purpose of providing family pension and life assurance benefits to the employees covered by the coal mines provident fund scheme under clause 18 of the bill, a corresp,onding provision is being made in the new section 6a of the employees' provident funds act, 1952 for providing similar family pension and life assurance beneiits to the employees of establishments or 'class of esta1:) lishments to which the said act applies under the family pension schemes which will be framed by the central government; the various matters which are to be provided therein, are enumerated in the new second schedule proposed to be inserted in the 1948-act under clause 11 of the bill and in new schedule iii proposed to' be inserted in the 1952,-act unqer clause 30 of the bill it is' clear jpat t,he provisions to ~ ,!pj!d~jn,_tna family pension scheme under both the statutes, referred to" ~bove, will c~n~~n matters of detail and day-ta-day working, eg, the ~mplqyees_or class of employees to which the schemes shall apply, the portion of employer's and employee's contribution to be credited to the family pension funds, the contrib1!tionto be made by the central government towards the fund, the scales of family pension and the assurance amount to be paid to the ~mplo~es and,the ,mode of dis,bursement thereof, arid other like matters , ' ,2 the delegation of legislative powers is, thus/ 'of, a normal character - annexure ~c'l's nom tid coal mines provident fund and bonus schd08 ac:r 1948 (46 of 1948)an act to make provision for the framing of a provident fund scheme and a bonus scheme for persons employed in coal mines whereas it is expedient to make provision for the framing of a provident fund scheme and a bonus scheme for persons employed in coal mines; - - - - - short title and extent 1 (1) this act may be called the coal mines provident fund and bonus schemes act, 1948 - - - - - 3a (1) - - - - (3) the board shall administer the fund vested in it in such manner as may be specified in the scheme aforesaid constitution of board of trustees (4) the board shall perform such other functions as it may be required to perform by or under any provisions of the scheme aforesaid - - - - - 3e (1) - - - - appoint_ ment of officers (s) subject 110 the provisions of lub-sections (1) and (2), the board may appoint such other officers and employees as it may consider neces-iiu'y for the efficient administration of the coal mines provident fund scheme - - - - - - - - - - coal mines bonua scheme i (1) - - - - - (2) a scheme framed under the provisions (if sub-section (1) may prov'lde for ill or any (if the matters specified in the second schedule - - - - - \| short \|\|------------\|\| extent and \|\| applica- \|\| tion \|exftac'i's ntom !'hz employhs' pjtovment p'un1)tii act, 1952 (19 of 1952) an act to provide for the institution of provident funds for employees in fllctorie and othe-r establishments - - - - - 1 (1) this act may be called the employees' provident funds act 1952 - - - - - (5) an establishment to which this act applies shall continue to be pemed 'by this aet notwithstanding that the number of persons em· pleyed therein at any time falls below twenty: provided that where for a continuous period of not less than one year the number of persons employed therein has been less than fifteen, the employer in relation to such establishment may cease to give effect to the provisions of this act and any scheme framed tliereunder, with effect from the beginning of the month following the expiry 'af the -said- period of one year, but he shall, within one month of the date of such cessation, intimate, by registered post, the fact thereof to such autho'rity as may be specified by the appropriate government in this behalf definitions z in this act, unless the context otherwise requires,-- - - - - (l) "scheme" means a scheme framed under this act - - - - - sa (1) - - - - central board (3) the central board shall administer the fund vested in it in such manner as may be specified in the scheme (4) the central board shall perform such other functions as it may be required to perform by or under any provisions of the scheme - - - - - , appoin~mentof officers sd (1) - - - - , (3) the central board may appoint such other officers and employees' as it may consider necessary for the efficient administration·' of the seheme ' - - - - - dele,ation modibtiono! scheme determination of money due from em ployers mode of recovery of-moneys du from employers 5e the central board may, with the prior approval of the central government and a state board may, with the prior approval of the state government concerned, delegate to its chairman or t<1 any· of its of'llce!'8,' subject to such conditions and umftatlons, if any, as it may specify, sueltl" of its powers and functions under this act as it may deem necessal"1tor' the efficient administratien of the saheme - - - - 7 (1) the central government may, by notification in the· oftieial gazette, add to, amend or vary any saheme framed under tbis ad - - - - - 7a (1) the central provident fund commissioner, any deputy provident fund commissioner or any regional provident fund commissioner may, b~ order, determine the amount due from any employer ul'l<:ier any provisioft of this act or of the scheme an1i'b this purttose mayeonduet such inquiry as he may deem nfioessat'y - - - - - 8 any amount due-- - - - - (b) from the employer in relation to an exempted establishment in respect of any damages recoverable under section 14b or any charges payable by him to the appropriate government under any provision of thitl act or under any of the conditions specified under section 17, may, if the amount is in arrear, be r~overed by the appropriate ,government in the same manner as an arrear of land revenue - - - - - prlorltyor >':11: wbt!tea~y employer is adjudicated insolvent or, beine a compahy, ~ ordet: f?r wmding up is made, the amount due-· - pa~medt of eontributionl over other debts (b) from the employer in relation to an exempted establishment in respe~t of any eontrlbution to the provident fund (in 80 far as it relates to exempted employees), under th~ rules of the provident fund, damages recoverable under section 14b fir any charges payable by him to the appropriate government under any provision of this act or under any of the conditiolul·specifted under section 17, tot 1909 5 of 1920 '1 of 1913 shall, wh~re the liability therefor has accrued before the order of adjudication or winding up is made, be deemed to be included among the debts which under section 49 of the presidency-towns insolveqcy act, 1909 or under section 61 of the provincial insolvency act, 1920 or under section 230 of the indian companies act, 1913 are to be paid in priority to au other debts in the distribution of the property of the insolvent or the assets of the company being wound up, as the case may be - - - - - 13 (1) the appropriate government may, by notification in the official inipfictors gazette, appoint such persons as it thinks fit to be inspectors fut the purposes of this act or of any scheme, and may define their jurisdiction - - - - - 5 of 1898 (2a) the provisions of the code of criminal procedure, 189,8 shall, so far as may be, apply to any search or seizure under sub-section (2) 811 they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said code - - - - - 14 (1) whoever, for the purpose of avoiding any payment to be made penalties by himself under this act or under any scheme or of enabling any other person to' avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extemd to one thousand rupees, or with both (2) a scheme framed under this act may provide that any person who contravenes, or makes default in complying with, any of the provisions thereof shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both - - - (3) no court shall take cognizance of any offence punishable under this act or under any scheme except on a report in writing of the facts constituting such offence made with the previous sanction of such authority as may be specified in this behalf by the appropriate government, by an inspector appointed under section 13 offences by eompani_ 14a (1) if the person committing an offence under this act or the scheme made thereunder is a company, every person, who at the time the offence was committed was in charge of, and was responsible to, the company for tile conduct of the business of the company, as well as th:' company, shall be deemed to be guilty of the offence and shall be liable to be proceeded a,ainst and punished accordinily: provided that nothing contained in this ub-iection hali render any such person liable to any punishment, if he proves that the offence wu committed without hil knowledge or that he exercised all due diliaence to prevent the commisaion of luch oftence (2) notwithstanding anything contained in sub-section (1), where ad offence under this act or the scheme thereunder has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly - - - - - 18 no suit or other legal proceeding shall lie against an inspector or any other person in respect of anything which is in good faith done or intended to be done under this act or under any scheme protection tor act done in ,ood faith dele, tion of powers 19 the appropriate government may direct that any power or authority or jurisdiction exercisable by it under this act or any scheme shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also-- (a) where the appropriate government is the central government, by such officer or authority subordinate to the central government or by the state government or by such officer or authority subordinate to the state gove'"iuuent, al may be specified in the notification; and (b) where the appropriate government is a state g<1vemment, by such officer or authority subordinate to the state government as may be specified in the notification - - - - - a bill funher to amead the coal mines provident fund and bonus schemes act, 1948 and the employees' provident funds aa, 1952 (shri d sanjifjayya minister of labour and rehabilitation)	Parliament_bills	4d1295be-d4c5-5800-8981-100e83de710c
bill no 104 of 2004 the constitution (one hundred and third amendment) bill, 2004 a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-fifth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the constitution (one hundred and third amendment)act, 2004(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 after article 340 of the constitution, the following article shall be inserted namely:—insertion of new article 340a'340a (1) there shall be a commission for the minorities to be known as the national commission for minoritiesnational commission for minorities(2) subject to the provisions of any law made in this behalf by parliament, the commission shall consist of a chairperson, vice-chairperson and five other members and the conditions of service and tenure of the office of the chairperson, vice-chairperson and other members shall be such as the president may by rule determine:provided that at least five members including the chairperson shall be from amongst the minorities(3) the chairperson, vice-chairperson and other members shall be appointed, by the president by warrant under his hand and seal, from amongst persons of eminence, ability and integrity(4) the commission shall have the powers to regulate its own procedure (5) it shall be the duty of the commission—(a) to evaluate the progress of the development of minorities under the union and the states;(b) to monitor the working of the safeguards provided in the constitution and the laws enacted by parliament and the state legislatures;(c) to make recommendations for the effective implementation of safeguards for the protection of the interest of the minorities by the central government and the state governments;(d) to look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities;(e) to cause studies to be undertaken into problems arising out of anydiscrimination against the minorities and recommend measures for their removal;(f) to conduct studies, research and analysis on the issues relating to socioeconomic and educational development of the minorities;(g) to suggest appropriate measures in respect of any minority to beundertaken by the central government and the state governments;(h) to make periodical or special reports to the central government on any matter pertaining to the minorities and in particular the difficulties confronted by them; and(i) to discharge such other functions in relation to the protection, welfare, development and advancement of the minorities as the president may, subject to the provisions of any law made by parliament, by rule, specify (6) the president shall cause the recommendations referred to in sub-clause (c)of clause (5) to be laid before each house of parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the union and the reasons for the non-acceptance, if any, of any of such recommendations(7) where any recommendation referred to in sub-clause (c) of clause (5) or any part thereof is such with which any state government is concerned, the commission shall forward a copy of such recommendation or part to such state government who shall cause it to be laid before the legislature of the state along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the state and the reasons for the non-acceptance, if any, of any of such recommendation or part thereof(8) the commission shall, while performing any of the functions mentioned in sub-clauses (a), (b) and (d) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person from any partof india and examining him on oath;(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 oroffice;(e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the president may, by rule, determine(9) for the purposes of this article, "minority" means a community which the president may, by public notification, specify to be a minority' statement of objects and reasonsthe national commission for scheduled castes and the national commission for scheduled tribes have been constituted in pursuance of article 338 and article 338a respectively of the constitution article 350b of the constitution provides for appointment of a special officer for linguistic minorities the central government set up a minorities commission in january, 1978 for providing an institutional arrangement for evaluating the safeguards provided in the constitution and to make recommendations for effecetive implementation of the safeguards given to the minorities subsequently, in may, 1993, the central government constituted the national commission for minorities as a statutory body under the national commission for minorities act, 19922 there has been a persistent demand for giving constitutional status to the national commission for minorities it is felt that the constitution of the national commission for minorities under a constitutional provision would inspire greater confidence amongst the minorities and the commission would be more effective in safeguarding their interests it is, therefore, proposed to amend the constitution by way of insertion of a new article 340a in the constitution3 the bill seeks to achieve the above objectsnew delhi;meira kumarthe 16th december, 2004 financial memorandumclause 2 of the bill seeks to insert a new article 340a in the constitution for setting up of a commission for the minorities to be known as the national commission for minorities the proposed commission shall consist of a chairperson, vice-chairperson and five other members2 it is proposed to repeal the national commission for minorities act, 1992 and dissolve the commission constituted thereunder by enacting the national commission for minorities (repeal) bill, 2004 introduced separately it is also proposed to utilise the services of the secretary and other officers and emloyees of the national commission for minorities constituted under the said act for the proposed commission3 an amount of rs 303 lakhs has been provided for the national commission for minorities constituted under the national commission for minorities act, 1992 for the year 2004-05 under non-plan it is estimated that no additional recurring or non-recurring expenditure is likely to be involved during the said financial year for setting up the commission under the proposed new article 340a of the constitution, when enacted lok sabha————abillfurther to amend the constitution of india————(shrimati meira kumar, minister of social justice and empowerment)mgipmrnd—3666ls—17122004	Parliament_bills	0051d6cb-b07c-58a1-80ff-6405e459ebae
bill no 104 of 2017 the indian penal code (amendment) bill, 2017 by shri maheish girri, mp a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the indian penal code (amendment) act, 2017short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in section 326a of the indian penal code, 1860, for the first and second provisos, the following proviso shall be substituted, namely:—amendment of section 326a"provided that the fine imposed under this section shall not be less than rupees ten lakh, which shall be paid to the victim, and such fine shall be in addition to the amount of fine required to meet the total medical expenses of the treatment of the victim" statement of objects and reasonsthe criminal law (amendment) bill was passed by the government in the year 2013one of the purpose of this amendment was to amend section 326a of the indian penal code (ipc) but the provision for fine was not specifically mentioned in this sectionthe acid attacks permanently disfigure the body of the victim and also creates severe physical and psychological impact on them, the effects of which are lifelong some attack have also resulted in slow and painful deaths the national commission for women had proposed a bill "prevention of offences (by acids) act" in 2008, which had asked for specific provisions for compensation to the victims of acid attacks since treatment required for recovery of these victims are extremely costly and not all families of the victims can afford it, therefore, the compensation should be appropriate to the physical and mental agony that the victim suffer these recuperative surgeries have different stages to recover the face of the person and the operations too cost the victim lakhs of rupees the victim also go through significant trauma, both physical as well as psychological hence their rehabilitation is extremely challenging, especially without adequate financial supportthe physical as well as emotional damage caused to the victim cannot be compensated entirely with any amount of money as the incident leaves permanent marks on the body and also no surgery can completely bring back original face and other parts of the body, but, adequate amount of compensation can at least help them to bring themselves back to the regular routine of life furthermore, strict provision for fine would act as a strong deterrent and it may prevent such incidents in futurethe bill, therefore, seeks to amend the indian penal code, 1860 with a view to provide for compensation of minimum rupees ten lakhs in addition to the expenses of medical treatment of the victimshence this billnew delhi;maheish girrinovember 21, 2016 annexure extract from the indian penal code, 1860 45 of 1860326a whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished when convicted with imprisonment of either description for a term that shall not be less than ten years, but which may extend to imprisonment for life, and with fine:provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:provided further that any fine imposed under this section shall be paid to the victim lok sabha———— a billfurther to amend the indian penal code, 1860————(shri maheish girri, mp)	Parliament_bills	0ace0bf5-3f11-563b-bf92-b1ef5c0b2ab1
bill no 253 of 2017 the violent and indecent online games (prohibition on distribution, sale and advertisement) bill, 2017 by dr shrikant e shinde, mp abillto provide for prohibition on distribution, sale and advertisement of online games showing violence and indecency in their operations in the country and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in case of a state, the government of that state and in all other cases, the central government;5(b) "online games" means a video game that is either partially or primarily played through the internet or another computer network;(c) "prescribed" means prescribed by rules made under this act; (d) "sale" includes giving on rent or allowing free access to online game on internet;(e) "videogame" means an electronic game that involves interaction with a user interface to visual feedback on a television screen or computer monitor; and1060 of 1986 45 of 1860(f) words and expressions used in this act but not defined and defined in the indecent representation of women (prohibition) act, 1986 and the indian penal code, 1860 shall have the meaning respectively assigned to them in these acts153 (1) no person shall distribute, sell or advertise such online games in the country which contain violence, bloodshed and indecent material or representation(2) the central government shall not allow import of such online games in the country which are showing violence and indecencyprohibition on distribution, sale and advertisement of violent and indecent video games4 (1) it shall be the duty of the appropriate government to monitor the contents of online games available with in its territorial jurisdiction and notify such online games which contain violence and indecency20appropriate government to monitor the contents of games(2) the appropriate government shall from time to time, issue directions to the concerned authority and the police about the procedure to be followed in monitoring violent and indecent online games in the market in such manner as may be prescribed5 if any portal or website is selling, offering free downloading or free play of any violent or indecent online games, the central government shall block such portal or the website:25provided that the central government shall not block any portal or website without giving the representatives of such portal or website a reasonable opportunity of being heardthe central government to block the portals/ websites selling violent and indecent games306 it shall be the responsibility of each parent to check the content of the online game they are giving to their children or the games being acquired by children themselves and evaluate the ratings given on these online gamesparents to check the contents of games7 every school shall design or create curricula to guide/advice children to reduce their total screen time and the type of games to be playedschools to issue guidelines to students on games8 every new online game launched in the country in any manner shall be subject to the approval of chidren films society of indiaonline games to be launched with the approval of children films society of indiapenalty9 whoever contravenes or attempts to contravene or abets the contravention of theprovisions of this act shall be punishable with imprisonment for a term, which may extend to seven years or with fine, which may extend to fifteen lakh rupees or with bothoffences by companies510 (1) where a person committing a contravention of any of the provisions of this act or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention1015(2) notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this act or of any rule, direction or order made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordinglyexplanation— for the purpose of this section:—(i) "company" means anybody corporate and include a firm or other association of individuals; and(ii) "director", in relation to a firm, means a partner in the firm20power to remove difficulties11 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 difficult:25provided that no such orders shall be made after the expiry of the period of three years from the date of commencement of this actoverriding effect of the act12 the provisions of this act shall be in addition to, and not in derogation of, theprovisions in any other law, for the time being in force, relating to violent and indecent video games/online gamespower to make rules3013 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act35(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions, aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have affect 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 reasonschildren in today's world are growing in a totally different kind of environment the tools for play and entertainment are online games many of which are violent and indecent blue whale, pokemon go, san andreas, duke nankeen, max, payne, elite warriors, hitman, commandos, dooms are all names of most popular online games in the market right now all these are war or killing games which children are exposed to from their tender age of three years and above these games are highly engaging and interactive unlike watching television programmesindian association of biological psychiatry raised concern over children's addition to violent online games such as "blue whale" there is a need for vigilance on the part of parents and government agencies to take precautionary measures in order to save children from ill effect of video or online games these online video games are extremely violent and compel children to take extreme steps including attempt to suicide or indulge in selfinjurious behaviour as per a study by lowa state university researchers found children who repeatedly play violent video games are learning thought patterns that will stick with them and influence behaviours as they grow older researchers also found that over time children start to think more aggressively and when provoked at home, school or in other situations, children will react much like they do when playing a violent video gameapart from this, there are host of free video games / online games available on internet many with warning that the games may contain explicit scenes of blood and gore according to medical experts, recurrent viewing of scenes of blood and gore causes defiance in child so with slight provocation, anger or hostility, the defiance is often directed at parents it further says that children also develop insensitivity to pain and bloodshed in the absence of adequate inputs from parents and teachers about the basic human right of letting other persons to live these children become less caring and less helpful towards their peersas a result, the new kid on the block is an angry young child he devotes hours before screen playing these violent and indecent games most of the parents do not check the contents of the games and just give into the demands of the children which come very cheap at fifty rupees a game parents here have an important role to play psychologists have found that when parents limit the time as well as the type of game their children play, children are less likely to show aggressive behaviour it is otherwise also reflecting bad on the kids as instead of going to play out door games, they are sitting hours together before the television or computer screen children are not born violent; they are made violent they become conditioned to associate violence with fun, as part of normal life the end result of unmonitored video violence is that we are training an army of kids there were several incidents in other countries where children went into unprovoked shooting spree killing many innocents the same is the case with indecent games which are, at times, marked for adults but land in the hands of children due to apathy of the shop keeper in selling those games to right kind of persons these games allow player to watch strip shows, depict nudity, sexual conduct and other contents harmful to minors these types of games are also available for free download from internet there is an urgent need to ban these games containing violence, bloodshed and incedent material from the reach of the children and save the future of the societyhence this bill memorandum regarding delegated legislationclause 13 of the bill empowers the central government to make rules for carrying out purposes of the bill as the matters will relate to details only, the delegation of powers is of a normal character lok sabha———— a billto provide for prohibition on distribution, sale and advertisement of online games showing violence and indecency in their operations in the country and for matters connected therewith or incidental thereto————(dr shrikant e shinde, mp)gmgipmrnd—2629ls(s3)—20-12-2017	Parliament_bills	f2a4bae3-39af-50cc-bf38-fcbc22c3c7a0
for affixing such signature from the second schedule: provided that no electronic signature or authentication technique shall be specified in the second schedule unless such signature or technique is reliable (5) every notification'issued undér sub-section (4) 'shall be taid before each c house of parliament" -; : pa i a vt 7 after section 6 of the principal act, the following section shal! be inserted, namely:— insertion of new section 6a 6a (1) the appropriate government may, for the purposes of this chapter and delivery of services by service provider for efficient delivery of services to the public through electronic means authorise, by order, any service provider to set up, maintain and upgrade the computerised facilities and perform such other services as it may specify, by notification in the official gazette, explanation—for the purposes of this section, service provider so authorised includes any individual, private agency, private company, partnership firm, sole proprietor firm or any such other body or agency which has been granted permission ($7 by the appropriate government to offer services through electronic means in accordance with the policy governing such service sector (2) the appropriate government may also authorise any service provider authorised under sub-section (/) to collect, retain and appropriate such service charges, ac as may be prescribed by the appropriate government for the purpose of providing such services, from the person availing such service (3) subject to the provisions of sub-section (2), the appropriate government may authorise the service providers to collect, retain and appropriate service charges ~ under this section notwithstanding the fact that there is no express provision under the act, nule, regulation or notification under which the service is provided to collect, ax" retain and appropriate e-service charges by the service providers (4) the appropriate government shall, by notification in the official gazette, specify the scale of service charges which may be charged and collected by the service providers under this section: provided that the appropriate government may specify different scale of service 3e charges for different types of services' 8 after section 10 of the principal act, the following section shall be inserted, namely:— insertion of new section 10a "{0a where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by means of an electronic record, such 3s" contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose" validity of contracts formed through electronic means amendment of section 12 9 in section 12 of the principal act, in sub-section (/), for the words "agreed with the addressee", the word "stipulated" shall be substituted he substitution of new sections 10 for sections 15 and 16 of the principal act, the following sections shal! be substituted, namely:— for sections 15 and 16 15, an electronic signature shall be deemed to be a secure electronic signature if secure electronic signature "s(i the signature creation data, at the time of affixing signature, was under the exclusive control of signatory and no other person; and (ii the signature creation data was stored and affixed in such exclusive manner as may be prescribed : explanation —in case of digital signature, the "signature creation data" means the private key of the subscriber 16 the central government may, for the purposes of sections 14 and 15, prescribe the security procedures and practices: security procedures and practices provided that in prescribing such security procedures and practices, the central > government shall have regard to the commercial circumstances, nature of transactions and such other related factors as it may consider appropriate' 11 section 20 of the principal act shall be omitted omission of section 20 12 in section 29 of the principal act, in sub-section (/), for the words "any amendment of section 29 [© contravention of the provisions of this act, rules or regulations made thereunder", the words "any contravention of the provisions of this chapter" shall be substituted 13 in section 30 of the principal act, amendment of section 30 (/) in clause (c), after the word "assured", the word "and" shall be omitted; (id after clause (c), the following clauses shall be inserted, namely:— 1s "(ca) be the repository of all electronic signature certificates issued under this act; (cb) publish information regarding its practices, electronic signature certificates and current status of such certificates; and" amendment of section 34 14, in section 34 of the principal act, in sub-section (/), in clause (a), the words "which q° contains the public key corresponding to the private key used by that certifying authority to digitally sign another digital signature certificate" shall be omitted 15 in section 35 of the principal act, in sub-section (4), - amendment of section 35 (a) the first proviso shall be omitted; (2) in the second proviso, for the words "provided further", the word "provided" q5° shall be substituted 16 in section 36 of the principal act, after clause (c), the following clauses shall be amendment of section 36 inserted, namely:— "(ca) the subscriber holds a private key which is capable of creating a digital signature; eo (cb) the public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the subscriber;" 17 after section 40 of the principal act, the following section shall be inserted, namely:— \| insertion \| of \|\|--------------\|---------\|\| new \| section \|\| 40a \| \|"40a in respect of electronic signature certificate the subscriber shall perform as such duties as may be prescribed" \| duties \| of \|\|--------------\|-------\|\| subscriber \| of \|\| electronic \| \|\| signature \| \|\| certificate \| \|18 in chapter ix of the principal act, in the heading, for the words "penalties and adjudication ", the words "penalties, compensation and adjudication" shall be substituted \| amendment \| of \|\|--------------\|-------\|\| heading \| of \|\| chapter \| ix, \|19 in section 43 of the principal act,— amendment of section 43,(a) in the margina! heading, for the word "penalty", the word "compensation" uo shall be substituted; () after clause (a), the following clause shall be inserted, namely:— "() destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means," 20 after section 43 of the principal act, the following section shall be inserted, namely:— insertion of hew section 43a, '43 where a body corpofate, possessing, dealing or handling any sensitive compensation » personal data or information ina computer resource which it owns, controls or operates, for failure to protect dats sis negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation, not exceeding five crore rupees, to the person so affected explanation—for the purposes of this section, - te () "body corporate" means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities; 1° (ii) "reasonable security practices and procedures" means security practices and procedures designed to protect such information from unauthorised access, damage, use, modification, disclosure or impairment, as may be specified ae in an agreement between the parties or as may be specified in any law for the time being in force and in the absence of such agreément or any law, such reasonable security practices and procedures, as may be prescribed by the central government in consultation with such professional bodies or associations as it may deem fit; (di) "sensitive persona! data or information" means such personal information as may be prescribed by the central government in consultation with such professional bodies or associations as it may deem fit' 21 in section 46 of the principal act, in sub-section (j), for the words "direction ot amendment of section 46, order made thereunder", the words "direction or order made thereunder which renders him 247 liable to pay penalty or compensation," shal] be substituted 22 in chapter x of the principal act, in the heading, the word "reaularions" shail be omitted 23 in section 48 of the principal act, in sub-section (/), the word "regulations" 3e \| amendment \| of \|\|--------------\|-------\|\| heading \| of \|\| chapter \| x \|\| amendment \| of \|\| section \| 48 \|shall be omitted 24, for sections 49 to 52 of the principal act, the following sections shall be substitution of new sections substituted, namely:— for sections 49 to 52, "49 (1) the cyber appellate tribunal shal consist of a chairperson and such number of other members, as the central government may, by notification in the 23 official gazette, appoint composition of cyber appellate tribunal, {2) the selection of chairperson and members of the cyber appeitate tribunal shall be made by the central government in consultation with the chief justice of india (3) subject to the provisions of this act— 40 (a) the jurisdiction, powers and authority of the cyber appellate tribunal may be exercised by the benches thereof; (b) a bench may be constituted by the chairperson of the cyber appellate tribunal with one or two members of such tribunal as the chairperson may deem fit: ; provided that every bench shall be presided over by the chairperson or we the judicial member appointed under sub-section (3) of section 50; (c) the benches of the cyber appellate tribunal shali sit at new dethi and at such other places as the central government may, in consultation with the chairperson of the cyber appellate tribunal, by notification in the official gazette, specify; _ (@) the central government shall,-by notification in the official gazette, specify the arcas in relation to which each bench of the cyber appellate tribunal _ may exercise its jurisdiction 9 -, ~: a 7 (4) notwithstanding anything cotitained in sub-section (3), the chairperson of the cyber appellate tribunal may transfer a member of such tribunal from one bench to another bench (5) if at any stage of the hearing of any case or matter it appears to the chairperson or a member of the cyber appeliate tribunal that the case or matter is of such a nature that it ought to be heard bya bench consisting of more members, the case or matter may be transferred by the chairperson to such bench as the chairperson may deem fit qualifications 50 (7) a person shall not be qualified for appointment as a chairperson of the cyber appellate tribunal unless he is, or has been, or is qualified to be, a fudge of a high court ss (2) the members of the cyber appellate tribunal, except the judicial member to for appointment as chairperson and members of cyber appeliate tribunal, be appointed under sub-section (3), shall be appointed by the central government from amongst persons, having special knowledge of, and professional experience in, information technology, telecommunication, industry, management or consumer affairs: qo provided that a person shall not be appointed as a member, untess he is, or has been, in the service of the central government or a state government, and has held the post of additional secretary to the government of india or any equivalent post in the central government or state government for a period of not less than two years or joint secretary to the government of india or any equivalent post in the central government or state government for a period of not less than seven years as (3) the judicial members of the cyber appellate tribunal shall be appointed by the central government from amongst persons who is or has been a member of the indian legal service and has held the post of additional secretary for a period of not less than one year or grade i post of that service for a period of not less than five years 51 (/) the chairperson or member of the cyber appellate tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier term of office, conditions of service, etc, of chairperson and members 37 (2) before appointing any person as the chairperson or member of the cyber appellate tribunal, the central government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such chairperson or member, (3) an officer of the central government or state government on his selection as the chairperson or member of the cyber appellate tribunal, as the case may be, shall have to retire from service before joining as such chairperson or member luo 52 the salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the chairperson or'a member of the cyber appellate tribunal shall be such as may be prescribed salary, allowances and other terms and conditions of service of chairperson and members powers of superintendence, direction, etc\e $2a, the chairperson of the cyber appellate tribunal shall have powers of general superintendence and directions in the conduct of the affairs of that tribunal and he shail, in addition to presiding over the meetings of the tribunal, exercise and discharge such powers and functions of the tribunal as may be prescribed distribution 52b where benches are constituted, the chairperson of the cyber appellate tribunal may, by order, distribute the business of that tribunal amongst the benches and also the matters to be-deait with by each bench of business among benches \| power \| of \|\|-------------\|----------\|\| chairperson \| \|\| to \| transfer \|\| cases \| \|52c on the application of any of the parties and after notice to the parties, and after hearing such of them as he may deem proper to be heard, or sua motu without $~ such notice, the chairperson of the cyber appellate tribunal may transfer any case pending before one bench, for disposal to any other bench decision by majority 52d if the members of a bench consisting of two members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairperson of the cyber appellate tribunal who shall hear the point or points 10 himself and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it" amendment of section 53 25, in section 53 of the principal act, for the words "presiding officer", the words "chairperson or member, as the case may be," shall be substituted amendment of section 54 26 in section 54 of the principal act, for the words "presiding officer" wherever they ts occur, the words "chairperson or the member" shall be substituted amendment of section 55 27, in section 55 of the principal act, for the words "presiding officer", the words "chairperson or the member" shail be substituted 28 in section 56 of the principal act, for the words "presiding officer', the word amendment of section 56 "chairperson" shall be substituted do 29 in section 61 of the principal act, the following proviso shall be inserted at the end, amendment of section 61 cnamely:— a7 "provided that the court may exercise jurisdiction in cases where the claim for injury or damage suffered by any person exceeds the maximum amount which can be awarded under this chapter" 30 in section 64 of the principal act,— amendment of section 64 (i) for the words "penalty imposed", the words "penalty imposed or compensation awarded" shall be substituted; (ii) in the marginal heading, for the word "penalty", the words "penalty or compensation" shall be substituted be 31 for sections 66 and 67 of the principal act, the following sections shall be substitution of new sections substituted, namely:— for sections 66 and 67 '66 ifany person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to two years _ computer related offences or with fine which may extend to five lakh rupees or with both 3> explanation —for the purposes of this section, - (a) the word "'dishonestly" shall have the meaning assigned to it in section 24 of the indian penal code; 45 of 1860 ; (5) the word "fraudulently" shall have the meaning assigned to it in section 25 of the indian penal code tye 45 of 1860 punishment 66a any person who sends, by means of a computer resource or a communication device,— ; (a) any content that is grossly offensive or has menacing character; or (4) any content which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal 4 - for sending offensive messages through communication service, etc intimidation, enmity, hatred or il will, persistently makes use of such computer resource of a communication device, shail be punishable with imprisonment for a term which may extend to two years and with fine explanation —for the purposes of this section, the term "communication device" means cell phones, persona) digital assistance (pda) or combination of both or any other device used to communicate, send or transmit any text, vidéo, audio or image 67 whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having - regard to all relevant circumstances, to read, see or hear the matter contained or embodied punishment for publishing or transmitting obscene 'material in 'electronic form in it, shall be punished on first conviction with imprisonment of either description for \o a term which may extend to two years and with fine which may extend to five lakh - rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees punishment 67a whoever publishes or transmits or causes to be published or transmitted for publishing in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of or transmitting of material containing sexually explicit act, qe either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees ete, in electronic form exception—this section and section 67 does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form— a7 (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or (ii which is kept or used bona fide for religious purposes' amendment of 32 in section 68 of the principal act, for sub-section (2), the following sub-section _ section 68 2°shall be substituted, namely:-— (2) any person who intentionally or knowingly fails to comply with any order under sub-section (7) shall be guilty of an offence and shall be tiable on conviction to imprisonment for a term not exceeding two years or a fine not exceeding one lakh rupees or both" 33 for section 69 of the principal act, the following section shall be substituted, 357 namely:-— substitution of new section for section 69, "69 (j) where the central government is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of india, defence of india, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above he or for investigation of any offence, it may subject to the provisions of sub-section (2), \| power \| to \|\|--------------\|----------\|\| directions \| for \|\| interception \| or \|\| monitoring \| or \|\| decryption \| of \|\| any \| informa- \|\| tion \| through \|\| any \| computer \|\| resource, \| \|for reasons to be recorded in writing, by order, direct any agency of the government to intercept or monitor or decrypt or cause to be intercepted or monitored or decrypted any information transmitted through any computer resource us (2) the central government shall prescribe safeguards subject to which such interception or monitoring or decryption may be made or done, as the case may be (3) the subscriber or intermediary or any person incharge of the computer resource shall, when called upon by any agency which has been directed under subsection (/), extend all facilities and technical assistance to— (a) provide access to the computer resource containing such inforination, so (2) intercept or monitor or decrypt the information, (c) provide information contained in computer resource it $7 (4) the subscriber or intermediary or any person who fails to assist the agency referred to in sub-section-3) shall be punished with an imprisonment for a term which may extend to seven years" 34 in section 70 of the principal act,— amendment of section 70 (a) for sub-section (/ ), the following sub-section shall be substituted, namely:— '(j) the appropriate government may, by notification in the official gazette, declare any computer resource which directly or indirectly affects the facility of }o critical information infrastructure, to be a protected system nm explanation —for the purposes of this section, "critical information infrastructure" means the computer resource, the incapacitation or destruction of which, shall have debilitating impact on national security, economy, public health or safety'; (8) after sub-section (3), the following sub-section shall be inserted, namely:— "(4) the central government shall prescribe the information security practices and procedures for such protected system" 35 after section 70 of the principal act, the following section shall be inserted, de namely:— insertion of new section toa "70a (1) the indian computer emergency response team (cert-in) shall serve as the national nodal agency in respect of critical information infrastructure for coordinating all actions relating to information security practices, procedures, guidelines, incident prevention, response and report indian computer emergency response team to serve as7 as national nodal agency (2) for the purposes of sub-section (7), the director of the indian computer emergency response team may call for information pertaining to cyber security from the service providers, intermediaries or any other person (3) any person who fails to supply the information called for under sub-section to (2), shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both (4) the director of the indian computer emergency response team may, by order, delegate his powers under this section to his one or more subordinate officers not below the rank of deputy secretary to the government of india" 36 after section 72 of the principal act, the following section shall be inserted, 3s namely:— \| insertion \| of \|\|--------------\|---------\|\| new \| section \|\| t2a \| \|\| punishment \| \|"t2a save as otherwise provided in this act or any other law for the time being in force, any person including an intermediary who, while providing services under the for disclosure of-information terms of fawful contract, has secured access to any material containing personal - information about another person, with the intent to cause or knowing that he is likely \| in \| breach \|\|-----------\|-----------\|\| of \| lawful \|\| contract \| \|\| 4a \| \|to cause wrongful:loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such material to any other person, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to five lakh rupees, or with both" 37 for sections 77 and 78 of the principal act, the following sections shall be substitution of new sections substituted, namely:— wwfor sections 77 and 78 "77, no compensation awarded, penalty imposed or confiscation made under this act shall prevent the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force compensation, penalties or confiscation not fo interfere with other punishment : tta notwithstanding anything contained in the code ofcriminal procedure, 2 of 1974 gm 1973, offénces under sections 66, 66a, 72 and 72a may be compounded by the aggrieved person: ' \| offences \| under \|\|---------------\|----------\|\| sections \| 66, \|\| 66a, \| 72 \|\| t2a \| to \|\| compoundable \| \|provided that the provisions of this section does not apply where the accused is, by reason of his previous conviction, liable to either enhanced punishment or to a punishment of a different kind for such offence jo 778 no court shall take cognizance of an offence punishable under sections 66, 66a, 72 and 72a, except upon a complaint made by the person agerieved by the offence cognizance of offences under sections 66, 66a, 72 and 72a , 78 (1) notwithstanding anything contained in the code of criminal procedure, 2 of 1974 1973, no police officer below the rank of deputy superintendent of police shall \| power \|\|-------------\|\| investigate \|\| offences \|\| 87 - investigate any cognizable offence under this act (2) when information is given to an officer in charge of a police station of the commission within the fimits of such station of a non-cognizable offence under this act, he shall cause to be entered the substance of the information in a book to be kept by such officer in such form as the state government may prescribe in this behalf qo (3) any police officer receiving such information may exercise the same powers in respect of investigation (except the power to arrest without warrant) as an officer in charge of the police station may exercise in a cognizable case under section 156 of the 2 of 1974, code of criminal procedure, 1973" substitution of new chapters 38 for chapter xie of the principal act, the following chapters shall be substituted, a y namely:— for chapter xil 'chapter xii intermediaries not to be liable in certain cases79 (1) notwithstanding anything contained in any other law for the time being exemption from liability of intermediary in certain casesin force but subject to the provisions of sub-sections (2) and (3), an intermediary 30 shall not be liable for any third party information, data, or communication link made available by him (2) the provisions of sub-section (/) shall apply if— (@) the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is 357 transmitted or temporarily stored; or (2) the intermediary does not-— \| \| \| \| \| (i) \| initiate \| the \| transmission, \|\|------\|--------\|-----\|------------\|--------\|-------------\|---------------\|------------------\|\| (ii) \| select \| the \| receiver \| of \| the \| transmission, \| and \|\| ii) \| select \| or \| modify \| the \| information \| contained \| in \|\| yo \| (3) \| the \| provisions \| of \| sub-section \| (/) \| shall \|(a) the intermediary has conspired or abetted in the commission of the unlawful act; (5) upon receiving actual knowledge, or on being notified by the appropriate government or its agency that any information, data or ds communication link residing in or connected toa computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner (4) intermediary shall observe stich 'other guidelizies as the central government may prescribe in this behalf explanation—for the purpose of this section, the expression "third party $~~ information" means any information dealt with by an intermediary in his capacity as an intermediary chapter xia examiner of electronic evidencecentral 79a the central government may, for the purposes of providing expert opinion (o government on electronic form evidence before any court or other authority specify, by notification ee polity of in the official gazette, any department, body or agency of the central government or electronic a state government as an examiner of electronic evidence evidence, explanation—for the purposes of this section, "electronic form evidence" means any information of probative value that is either stored or transmitted in electronic ¢4 ~ form and includes computer evidence, digital audio, digital video, cell phones, digital fax machines' omission of 39 section 80 of the principal act shall be omitted section 80 amendment 40 in section 81 of the principal act, the following proviso shall be inserted at the end, of section 81 namely:—- ze "provided that nothing contained in this act shall restrict any person from exercising any right conferred under the copyright act, 1957 or the patents act, 1970" 14 of 1957 39 of 1970 amendment 41 in section 82 of the principal act,— of section 82 (a) for the marginal heading, the following marginal heading shall be substituted, namely:— 237 "chairperson, members, officers and employees to be public servants"; (4) for the words "presiding officer", the words "chairperson, members" shall be substituted amendment 42, in section 84 of the principal act, for the words "presiding officer", the words of section 84 "chairperson, members" shall be substituted 3e insertion of 43 after section 84 of the principal act, the following sections shall be, inserted, new sections namely:— 84a, 84b and 84c ; modes or "4a the central government may, for secure use of the electronic medium and methods for for promotion of e-governance and e-commerce, prescribe the modes or methods for encryption encryption 3s punishment 84b whoever abets any offence shall, if the act abetted is committed in for wbelment consequence of the abetment, and no express provision is made by this act for the of onlences punishment of such abetment, be punished with the punishment provided for the offence under this act explanation—an act or offence is said to be committed in consequence of 4o abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment punishment 84c whoever attempts to commit an offence punishable by this act or causes for attempt such an offence to be committed, and in such an attempt does any act towards the thee commission of the offence, shall, where no express provision is made for the punishment y ¢~ of such attempt, be punished with imprisonment of any description provided for theoffence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both" 44jn-section 8720f the principal act— (a) in sub-section (2),— s (i) fd clause (a), the following clauses shall be substituted, namely:— "(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3a; (aa) the procedure for ascertaining electronic signature or lo authentication under sub-section (3) of section 3a; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;"; (ii) after clause (c), the following clause shall be inserted, namely:— - (ca) the manner in which the authorised service provider may collect, ' retain and appropriate service charges under sub-section (2) of section 6as"; (iif for clause (e), the following clauses shall be substituted, namely:— "(e) the manner of storing and affixing electronic signature creation data under section 15; 2 (ea) the security procedures and practices under section 16;"; (iv) clause (g) shall be omitted; 1957 (v) after clause (m), the following clause shall be inserted, namely:— 1970 "(ma) the form of application and fee for issue of electronic signature certificate under section 35; (vi) after clause (0), the following clauses shall be inserted, namety:— "(oa) the duties of subscribers under section 40a; (06) the reasonable security practices and procedures and sensitive personal data or information under section 43;"; (vii) in clause (7), for the words "presiding officer", the words 2% "chairperson and members" shall be substituted: (viii) in clause (s), for the words "presiding officer", the words "chairperson and members" shall] be substituted; (i) for clause (w), the following clauses shall be substituted, namely:— 25 (w) the powers and functionsof the chairperson of the cyber appellate tribunal under section 52a; (x) the safeguards for interception or monitoring or decryption under sub-section (2) of section 69; (y) the information security practices and procedures for protected system under section 70; ge (z) the guidelines to be observed by the intermediaries under subsection (4) of section 79; (za) the modes or methods for encryption under section 84a;"; (b) in sub-section (3),— (i) for the words, brackets, letter and figures "every notification made 4s by the central government under clause (/) of sub-section (4) of section 1 and every rule made by it", the words "every rule made by the central government" shall be substituted; (id) the words "the notification or" wherever they occur, shall be omitted amendment 45 in section 90 of the principal act, in sub-section (2), for clause (c), the following of section 90 clause shall be substituted, namely:— "(c) the form of information book under sub-section (2) of section 78" omission of 46 sections 91,92, 93 and 94 of the principal act shall be omitted sections 91, 92, 93 and 94, substitution 47 for the first schedule and the second schedule to the principal act, the following ss \| of \| new \|\|-----------\|----------\|\| schedules \| for \|\| first \| schedule \|\| and \| second \|\| schedule \| \|\| "first \| schedule \| [see sub-section (4) of section 1] documents or transactions to which the act shall not apply\| \| \| \| \| \| \| \| \| \| slno \| description \| of \| documents \| or \| transactions \| 15 \|\|----------------\|-------\|-------------------\|--------------\|-------------\|--------\|----------\|------------\|---------\|-----------\|--------------------\|---------\|--------------\|------------\|-----------------\|------------\|\| 1 \| a \| negotiable \| instrument \| (other \| than \| a \| cheque) \| as \| defined \| in \| section \| 13 \| of \| the \| negotiable \|\| instruments \| act, \| 1881 \| 26 \| of \| 1881 \| \| \| \| \| \| \| \| \| \| \|\| 2 \| a \| power-of-attorney \| as \| defined \| in \| section \| 1a \| of \| the \| powers-of-attorney \| act, \| 1882, \| 7 \| of \| 1882 \|\| 3 \| a \| trust \| as \| defined \| in \| section \| 3 \| of \| the \| indian \| trusts \| act, \| 1882 \| 2 \| of \|\| 4, \| awill \| as \| defined \| in \| clause \| (4) \| of \| section \| 2 \| of \| the \| indian \| succession \| act, \| 1925, \|\| including \| any \| other \| testamentary \| disposition \| by \| whatever \| name \| called \| \| \| \| \| \| \| \|\| 5 \| any \| contract \| for \| the \| sale \| or \| conveyance \| of \| immovable \| property \| or \| any \| interest \| in \| \|\| such property \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| the second schedule\| \| {see \| sub-section \| (/) \| of \| section \| 3a] \| 20 \|\|------------\|-------------\|----------------\|------------\|----------------\|------------\|--------\|-----------\|\| electronic \| signature \| or \| electronic \| authentication \| technique \| and \| procedure \|\| 'slno \| description \| procedure \| \| \| \| \| \|\| q) \| @) \| 8) \| \| \| \| \| \|omission of 48 the third schedule and the fourth schedule to the principal act shall be omitted third schedule and fourth schedule p ww amendment of the indian penal code amendment 49 in the indian penal code— 45 of 1860 of indian penal code amendment {a) in section 4,— of section 4 (after clause (2), the following clause shall be inserted, namely:— "(3) any person in any place without and beyond india committing offence targeting a computer resource located in india"; (ii) for the explanation, the following explanation shall be substituted, namely:— 'explanation—in this section— (a) the word offence includes every act committed outside india which, if committed in india, would be punishable under this code; (5) the expression "computer resource" shall have the meaning assigned to it in clause (k) of sub-section (/) of section 2 of the information technology act, 2000'; 21 of 2000 (8) in section 40, in clause (2), after the figure "117", the figures "118, 119 and amendment of section 40, 120" shall be inserted; \| amendment \| of \|\|--------------\|--------------\|\| section \| 118 \|\| (c) \| in \|\| omission, \| the \|\| omission \| or \|\| of \| a \|\| 1s \| \|\| amendment \| of \|\| section \| 119 \|\| (@) \| in \|\| omission, \| the \|\| omission \| or \|\| of \| a \|\| (e) \| after \|\| insertion \| of \|\| section \| 417a \|\| 2a \| \|\| punishment \| \|\| for \| identity \|\| theft \| \|\| "417a \| whoever, \|\| any \| other \|\| with \| imprisonment \|\| and \| shall \|\| (/) \| after \|\| insertion \| of \|\|--------------\|----------\|\| new \| section: \|\| 419a \| \|\| as \| \|\| punishment \| \|\| "419a \| whoever, \|\| resource \| cheats \|\| description \| for \|\| fine \| \|\| for \| cheating \|\| personation \| \|\| using \| computer \|\| resource, \| \|30 21 of 2000 explanation——the expression "computer resource" shall have the meaning assigned to it in clause (4) of sub-section (/) of section 2 of the information technology act, 2000"; "el amendment of section 464 (g) in section 464 , for the words "digital signature" wherever they occur, the words lectronic signature" shall be substituted; (a) after chapter xxi, the following chapter shall be inserted, namely:— \| insertion \| of \|\|--------------\|---------\|\| new \| chapter \|\| xxia \| \| "chapter xxia 3s or privacypunishment 502a whoever, intentionally or knowingly captures, publishes or transmits for violation of ptivacythe image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with simple imprisonment for a term which may extend to two years or with fine not exceeding two lakh mupees, or with both explanation—for the purpose of this section— (a) "transmit" means to send electronically a visual image with the intent that it be viewed by a person or persons; (5) "capture", with respect to an image, means to videotape, photograph, film or record by any means; (c) "private area" means the naked or undergarment clad genitals, pubic area, buttocks or female breast; (d) "publishes" means reproduction in the printed or electronic form and making it available for public; (e) "under circumstances violating privacy" means circumstances in which a person van have a reasonable expectation that— (jhe or she could disrobe in privacy, without being concemed 10 that an image of his private area is being captured; or (i any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place" partivis amendment of the indian evipence acr, 18721 of 1872 50 in the indian evidence act, 1872,— amendment of indian evidence act amendment of section 3 2o (a) in section 3 relating to interpretation clause, in the paragraph appearing at the end, for the words "digital signature" and "digital signature certificate", the words "electronic signature" and "electronic signature certificate" shall respectively be substituted; (b) after section 45, the following section shall be inserted, namely:— "45a when in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource 2s insertion of new section 45a opinion of examiner of electronic evidence 21 of 2000 or any other electronic or digital form, the opinion of the examiner of electronic evidence referred to in section 79 of the information technology act, 2000, is a relevant fact explanation —for the purposes of this section, an examiner of electronic evidence shall be an expert"; (c) in section 47a,— amendment of section 47a, 30 (/) for the words "digital signature", the words "electronic signature" shal} be substituted; (i) for the words "digital signature certificate", the words "electronic signature certificate" shall be substituted; (d) in section 67a, for the words "digital signature" wherever they occur, the as" amendment of section 67a words "electronic signature" shall be substituted; (e) in section 85a, for the words "digital signature" at both the places where amendment of section 85a they occur, the words "electronic signature" shall be substituted; amendment of section 85b ( in section 85b, for the words "digital signature" wherever they occur, the words "electronic signature" shall be substituted; ge amendment of section 85c {g) in section 85c, for the words "digital signature certificate", the words "electronic signature certificate" shall be substituted; amendment of section 90a (h) in section 90a, for the words "digital signature" at both the places where they occur, the words "electronic signature" shall be substituted; part v amendment of the cope of criminal procepure, 1973§1 in the code of criminal procedure, 1973,— \| of \| 1974 \|\|------------\|----------\|\| amendment \| of \|\| code \| of \|\| criminat \| \|\| procedure \| \|(a) after section 198a, the following section shall be inserted, namely:-— \| insertion \| of \|\|--------------\|---------\|\| new \| section \|\| 198b \| \|\| www \| \|\| 5 \| of \|\| "198b \| no \|\| sections \| 417a, \|\| made \| by \|\| prosecution \| of \|\| offences \| under \|\| sections \| 417a, \|\| 419a \| and \|\| of \| indian \|\| code \| \|} in section 320,— amendment of section 320(i) in sub-section (j), in the table, after the entries relating to— ia (a) sections 352, 355 and 358, the following entries shall be inserted, namely:— 1 2 3 "identity theft 417a the person against whom the offence was committed"; (b) section 502, the following entries shall be inserted, namely: - i 2 3 26 "violation of privacy 502a the person against whom the offence was committed"; (id in sub-section (2), in the table, after the entries relating to section 419, the following entries shall be inserted, namely:— ] 2 3 25 "cheating by personation by using computer resource 419a the person against whom the offence was committed"; {di} in the first schedule, under the heading "i offences under the indian penal code",— (a) after the entries relating to section 417, the following entries 3a shall be inserted, aamely:— t 2 3 4 5 6 "417a identity imprisonment non- bailable any theft for 2 years cognizable magistrate"; and fine (b) after the entries relating to section 419, the following entries shall be inserted, namely:— \| i \| 2 \| 3 \| 4 \| 3 \| 6 \|\|-------------\|----------\|--------------\|------------\|---------------\|------\|\| "419a \| cheating \| imprisonment \| cognizable \| bailable \| any \|\| by \| for \| 5 \| years \| magistrate"; \| \|\| personation \| —_and \| fine \| \| \| \|\| by \| using \| \| \| \| \|\| computer \| \| \| \| \| \|\| resource \| \| \| \| \| \|(c) after the entries relating to section 502, the following entries 0 shall be inserted, namely:— \| l \| 2 \| 3 \| 4 \| 5 \| 6 \|\|-------\|-----------\|--------------\|-------\|------------\|---------------\|\| "502a \| violation \| imprisonment \| non- \| bailable \| any \|\| of \| for \| 2 \| years \| cognizable \| magistrate", \|is\| privacy \| or \|\|------------\|-------\|\| or \| both \| statement of objects and reasonsthe information technology act was enacted in the year 2000 with a view to give a fillip to the growth of electronic based transactions, to provide legal recagnition for e-commierce and e-transactions, to facilitate e-governance, to prevent computer based crimes and ensure security practices and procedures in the context of widest possible use of information technology worldwide 2, with proliferation of information technology enabled services such as e-governance, e-commerce and e-transactions, protection of personal data and information and implementation of security practices and procedures relating to these applications of electronic communications have assumed greater importance and they require harmonisation with the provisions of the information technology act further, protection of critical information infrastructure is pivotal to national security, economy, public health and safety, so it has become necessary to declare such infrastructure as a protected system so as to restrict its access 3 a rapid increase in the use of computer and internet has given rise to new forms of crimes like publishing sexually explicit materials in electronic form, video voyeurism and breach of confidentiality and leakage of data by intermediary, e-commerce frauds like personation commonly known as phishing, identity theft and offensive messages through communication services so, penal provisioris are required to be included in the information technology act, the indian penal code, the indian evidence act and the code of criminal procedure to prevent such crimes 4 the united nations commission on international trade law (uncitral) in the year 2001 adopted the model law on electronic signatures the general assembly of the united nations by its resolution no 56/80, dated 12th december, 2001, recommended that all states accord favourable consideration to the said model law on electronic signatures since the digital signatures are linked to a specific technology under the existing provisions of the information technology act, it has become necessary to provide for alternate technology of electronic signatures for bringing harmonisation with the said model law 5 the service providers may be authorised by the central government or the state goverment to set up, maintain and upgrade the computerised facilities and also collect, retain and appropriate service charges for providing such services at such scale as may be specified by the central government or the state government 6 the bill seeks to achieve the above objects new delhi; dayaniohi maran, the 6th december, 2006, clause 2—this clause seeks to substitute the words "digital signatures" by the words "electronic signatures" as provided in the table thereunder so as to make it technology neutral, clause 3—this clause seeks to amend sub-section (¢) of section ] so as to exclude negotiable instruments, power of attorney, trust, will and contract from the application of the act and to empower the central government to amend the entries in the first schedule clause 4—this clause seeks to amend section 2 and to define certain new expressions clause 5——this clause seeks to substitute heading of chapter i! with new heading 'digital signature and electronic signature?' s0 as to make the act technology neutral clause 6,—this clause seeks to insert a new section 3a which provides for authentication of electronic record by electronic signature or electronic authentication technique it also empowers the central government to insert in the second schedule any electronic signature or electronic authentication technique and prescribe the procedure for the purpose of ascertaining the authenticity of electronic signature clause 7,—this clause seeks to insert a new section 6a which empowers the central government as well as the state government to authorise the service providers for providing efficient services through electronic means to the public against appropriate service charges further the said section empowers the central government as wel! as the state government to specify the scale of service charges clause 8—this clause seeks to insert a new section 10a to provide for contracts formed through electronic means clause 9—this clause seeks to make amendment in sub-section (/) of section 12 which is of a consequential nature clause 10—this clause seeks to substitute sections 15 and 16 so as to remove certain inconsistencies in the procedures relating to secure electronic signatures and to provide for security procedures and practices clause \1—this clause provides for omission of section 20 with aview to empower the certifying authority under section 30 to act as repository of electronic signatures clause 12—this clause seeks to make amendment in sub-section (7) of section 29 with a view to limit the powers of the controller in respect of access to any computer system only with reference to the provisions of chapter vi and not with reference to the provisions of entire act the powers with respect to access 8 yo any computer system under other provisions of the act are proposed to be entrusted to'the central government under section 69 clause 13—this clause seeks to amend section 30 witha view to empower the certifying authority to be the repository of all electronic signature certificates issued under the act clause 14—this clause seeks to amend section 34 with a view to make the provisions of that section technology neutral clause 15—this clause seeks to amend section 35 with a view to omit the first proviso to sub-section (4) so as to make the provisions of that section technology neutral clause 16—this clause seeks to amend section 36 so as to add two more representations for issuance of digital signature clause 17—this clause seeks to insert a new section 40a which provides for duties of the subscriber of electronic signature certificate clause 18—this clause seeks to make an amendment in the chapter heading of chapter ix with a view to provide for making compensation for damages in respect of various contraventions clause 19—this clause seeks to amend section 43 so as to add certain more contraventions for damaging computer or computer system clause 20—this ciause seeks to jnsert a new section 43a so as to empower the central goverment to provide for reasonable security practices and procedures and the sensitive personal data or information and also to provide for compensation for failure to protect sensitive personal data or information stored in a computer resource, clause 21—this clause seeks to make amendment in section 46 with a view to make consequential changes clauses 22 and 23—-these clauses seek to make amendments in the heading of chapter x and section 48 with a view to suitably modify the same with the title of the cyber appellate tribunal as mentioned in clause (7) of sub-section (j) of section 2 clause 24—this clause seeks to substitute sections 49 to 52 and insert new sections 52a to 52d section 49 provides for the establishment of the cyber appellate tribunal sections 50, 51 and 52 provide for qualifications, term of office, conditions of service and salary and allowances of the chairperson and members of the said tribunal sections 52a to 52 d provide for powers of the chairperson and distribution of business among the benches clauses 25 to 28—these clauses seek to make amendments in sections 53 to 56 with a viewto make the cyber appellate tribunal a multi-member body clause 29—this clause seeks to insert a proviso in section 61 so as to provide jurisdiction to courts in certain cases clause 30—this clause seeks to amend section 64 so as to recover the compensation also as the arrears of land revenue clause 31—this clause seeks to substitute sections 66 and 67 and insert new sections 66a and 67a with a view to make certain more computer related wrong actions punishable and eahance the penalty clause 32—this clause seeks to amend section 68 so as to reduce the quantum of punishment and fine clause 33—this clause seeks to substitute section 69 so as to empower the central government to issue directions to an agency for interception or monitoring or degryption of any information transmitted through any computer resource it also provides for punishment for rendering assistance to such agency clause 34—this clause seeks to amend section 70 so as to enable the central government as weil as the state government to declare any computer resource as protected system it also provides for information security practices and procedures for such protected system clause 35—this clause seeks to insert a new section 70a for empcwering indian computer emergency response team to serve as a national nodal agency in respect of critical information infrastructure clause 36—this clause seeks to insert a new section 72a which makes the disclosure of information in breach of a lawful contract punishable clause 37—this clause seeks to substitute sections 77 and 78 and to insert new sections 77a and 77b section 77 provides that compensation, penalties or confiscation under the act shall not interfere with the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force, section 77a provides for certain offences relating to computer resources as compoundable offences section 77b provides that court shall take cognizance only on a complaint and not otherwise section 78 provides for power to investigate offencesclause 38—this clause seeks to substitute chapter xii and to insert a new chapter xiia which provides for exemption of intermediaries from liability in certain circumstances and also empowers the central government to prescribe guidelines to be observed by intermediaries for providing services it also empowers the central government to specify the examiner of electronic evidence clause 39—this clause seeks to omit section 80 of the act with a view to entrust the powers of search and seizure, etc, to a police officer not below the rank of deputy superintendent of police and for that purpose necessary provisions have been included in section 78 by substituting the same vide clause 37 clause 40— this clavse proposes to insert a proviso to section 8] so that the rights conferred under this section shall be supplementary to and not in derogation of the provisions of the copyright act or the patents act clause 41—this clause seeks to make amendment in section 82 with a view to declare the chairperson, members, officers and employees as public servants clause 42—this clause seeks to amend section 84 with a view to make consequential changes clause 43—-this clause seeks to insert three new sections 84a, 84b and 84c with a view to empower the central government to prescribe the modes and methods of encryption for secure use of electronic media and for promotion of e-governance and ecommerce applications further it provides that abetment of and attempt to commit any offence shali aiso be punishable clauses 44 and 45—these clauses seek to make amendments in sections 87 and 90 respectively, which are of consequential nature clause 46—-this clause seeks to omit sections 91 to 94 for the reason that these provisions have become redundant as necessary modifications have already been carried out in the indian penal code and other related enactments clause 47—this clause seeks to substitute new schedules for the first schedule and the second schedule so as to provide for documents or transactions to which the provisions of the act shall not apply it also enables the list of electronic signature or electronic authentication technique and procedure for affixing such signature to be specified in the second scheudule clause 48—this clause seeks to omit the third schedule and fourth schedule as consequential to the omission of provisions of sections 93 and 94 clause 49—this clause provides for certain amendments in the indian penal code so as to specify certain offences relating to the computer resource clause 50—this clause provides for certain consequential amendments in the indian evidence act pursuant to the changes proposed in the act clause 51—this €lause provides for amendments in the code of criminal procedure by inserting new section 198b and amending section 320 so as to make certain consequential amendments pursuant to the changes proposed in the actclause 24 of the bill seeks to provide for multi-member composition of the cyber appellate tribunal but the number of members may be determined by the central government in the times to come the salary, allowances and retirement benefits payable to the chairperson and other members of the cyber appellate tribunal as and when appointed shall be met out of the annual budget estimates of the ministry for the present, the bill does not involve any additional recurring or non-recurring expenditure out of the consolidated fund of india : clause 3 of the bill seeks to amend sub-section (4) of section {\| which empowers the central government to amend the first schedule by adding or deleting entries relating to documents or transactions to which the provisions of the act shall not apply 2 clause 6 of the bill seeks to insert a new section 3a vide which the central government is being empowered to— (a) prescribe the conditions to be fulfilied for considering any electronic signature or electronic authentication technique as reliable; (8) prescribe the procedure for affixing and authentication of electronic signature; and (c) insert in the second schedule any electronic signature or electronic authentication technique and the procedure for affixing such signatures 3 clause 7 of the bill seeks to insert a new section 6a which empowers the central government as well as the state government to authorise the service provider to collect, retain and appropriate service charges further the said section empowers the central government and the state government to specify, by notification, the scale of service charges 4, clause 10 of the bill seeks to amend section 15 which empowers the central government to prescribe the manner of storing and affixing the signature creation data for a secure electronic signature the said clause also seeks to amend section 16 which empowers the central government to prescribe the security procedures and practices for a secure electronic record and a secure electronic signature 5 clause 17 of the bill seeks to insert a new section 40a which empowers the central government to prescribe the duties to be performed by the subscriber of the electronic signature certificate 6 clause 20 of the bill seeks to insert a new section 43a which empowers the central government to prescribe, in consultation with professional bodies or associations, the reasonable security practices and procedures and the sensitive personal data or information 7 clause 24 of the bill seeks to substitute section 49 which empowers the central government to specify by notification the places for sitting of the cyber appellate tribunal and the areas of their jurisdiction further, the said clause seeks to insert a new section 52a which empowers the central government to prescribe powers and functions of the chairperson of the cyber appellate tribunal 8 clause 33 of the bill seeks to amend section 69 which empowers the central government to prescribe the safeguards for interception or monitoring or decryption 9 clause 34 of the bill seeks to substitute sub-section (/)of section 70 which empowers the central government as well as the state government to declare by notification any computer resource which affects the facility of critical information infrastructure to be a protected system further, the said clause seeks to insert a new subsection (4) to section 70 which empowers the central government to prescribe the information security practices and procedures for the protected system 10 clause 37 of the bill seeks to substitute section 78 which empowers the state government to prescribe the form of information book 11 clause 38 of the bill seeks to substitute section 79, sub-section (4) of the said section empowers the central government to prescribe the guidelines to be observed by intermediary further, the said clause seeks to insert another new section 79a which empowers the central government to specify by notification the examiner of electronic evidence for providing expert opinion on electronic form evidence 12 clause 42 of the bill seeks to insert a new section 84a which empowers the central government to prescribe the modes and methods for encryption 13 the matters in respect of which the said rules may be made or notification issued are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed bill itself 14 the delegation of legislative power is, therefore, of a normal character(45 of 1860) 4, the provisions of this code apply also to any offence committed by— extension of code to extraterritorial offences (2) any person on any ship or aircraft registered in india wherever it may be explanation —in this section the word "offence" includes every act committed outside india which, if committed in india, would be punishable under this code a, who is a citizen of india, commits a murder in uganda he can be tried and convicted of murder in any place in india in which he may be found "offence" 40, except in the chapters and sections mentioned in clauses 2 and 3 of this section, the word "offence" denotes a thing made punishable by this code in chapter iv, chapter va and in the following sections, namely sections 64, 65, 66, 67, 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224,225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word "offence" denotes a thing punishable under this code, or under any special or local law as hereinafter defined and in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word "offence" has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine 118 whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life concealing design to commit offence punishable with death or ann voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design, for life-— ifeffence be committed, if offence be not committed shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description, for a term which may extend to three years; and in either case shall also be liable to fine a, knowing that dacoity is about to be committed at b, falsely informs the magistrate that a dacoity is about te be committed at c, a place in an opposite direction, and thereby misleads the magistrate with intent to facilitate the commission of the offence the dacoity is committed at b in pursuance of the design a is punishable under this section 119 whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent public servant concealing design to commit offence which it is his duty to prevent— voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, if offence be committed; shall, ifthe offence be committed be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; or, if the offence be punishable with death or imprisonment for life, with imprisonment if offence be punishable with of either description for a term which may extend to ten years; death, etc,; or, if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the if offence be not committed, longest term of such imprisonment or with such fine as is provided for the offence, or with both a an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that b designs te commit robbery, omits ta give such information, with intent to facilitate the commission of that offence here a has by an inegal omission concealed the existence of b's design and is liable to punishment according to the provision of this section « « ' 464 a person is said to make a false document or false electronic record— making a-false documentfirst—who dishonestly or fraudulently— (a) makes, signs, seals or executes a document or part of a document; (6) makes or transmits any electronic record or part of any electronic tecord; (c) affixes any digital signature on any electronic record; (@) makes any mark denoting the execution of a document or the authenticity of the digital signature, with the intention of causing it to be believed that such document or part of document, electronic record or digital signature was made, signed , sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or secondly—-who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with digital signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or thirdly—who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his digital signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration {) a, without z's authority, affixes z's seal to a document purporting to be a conveyance of an estate from z to a, with the intention of selling the estate to b and thereby of obtaining from b the purchasemoney a has committed forgery (©)apicks up a cheque oii a banker signed by b, payable to bearer, but without any sum having been inserted in the cheque a fraudulently fills up the cheque by inserting the sum of ten thousaaid rapees a commits forgery (d) aleaves with b, his agent, a cheque on a banker, signed by a, without inserting the sum payable and authorizes b to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments b fraudulently filis up the clieque by inserting the sum of twenty thousand tupees, b commits forgery (e) adraws a bill of exchange on himself in the namie of b without b's authority, intending to discount it as a genuine bili with a banker and intending to take up the bill on its maturity here, as a draws the bill with intent to deceive the banker by leading him to suppose that he had the security of b, and thereby to discount the bill, a is guilty of forgery (z's will contains these words—"l direct that all my remaining property be equally divided between a, band c" adishonestly scratches out b's name, intending that it may be believed that the whole was left to himself and c a has committed forgery (g) a endorses a government promissory note and makes it payable to z ot his order by writing on the bill the words "pay to z or his order" and signing the endorsement b dishonestly erases the words "pay to z or his order", and thereby converts the special eadorsement into a blank endorsement b commits forgery (4) a sells and conveys an estate to z a afterwards, in order to defraud z of his estate, executes a conveyance of the same estate to b, dated six months earlier than the date of the conveyance to z, intending it to be believed that he had conveyed the estate to b before he conveyed it to z a has commntted forgery (i) z dictates his will to a a intentionally writes down a different legate named by z, and by representing to z that he has prepared the will according to his instructions, induces z to sign the will ahas committed forgery () awrites a letter and signs it with b's name without b's authority, certifying that a is aman of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from z and other persons here, a5 a made a false document in order to induce z to part with property, a has committed forgery (® a without b's authority writes a letter and signs it in b's name certifying to a's character, intending thereby to obtain employment undev z a has committed forgery inasmuch as he intended to deceive z by the forged certificate, and thereby to induce z to enter into an express or implied contract for service explanation 1 —-a man's signature of his own name may amount to forgery jilustrations(a) a signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name a has committed forgery (4) a writes the word "accepted" on a piece of paper and signs it with z's name, in order that b may afterwards write on the paper a bill of exchange drawn by b upon z, and negotiate the bills as though it had been accepted by z a is guilty of forgery; and if b, knowing the fact, draws the bill upon the paper pursuant to a's intention, b is alse guilty of forgery (c) a picks up a bill of exchange payable to the order of a different person of the same name a endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable: here a has committed forgery (d@) a purchases an estate sold under execution of a decree against b b, after the seizure ofthe estate, in collusion with z, executes a lease of the estate, to z at a nominal rent and for a long period and dates the fease six months priot to the seizure, with intent to defraud a, and to cause it to be believed that the lease was granted before the seizure b, though he executes the lease in his own name, commits forgery by antedating it (a, a trader, in anticipation of insotvency, lodges effects with b for a's benefit, and with intent to defraud his creditors, and in order to give a colour to the transaction, writes a promissory note binding himself to pay to b a sum for value received, and antedates the note, intending that it may be believed to have been made before a was on the point of insolvency abas committed forgery under the first head of the definition explanation 2—the making of a false document in the name of a fictious person, inteading it to be believed that the document was made by seal person, or in the mame of a deceased person, inteading it to be believed that the document was made by the person in his lifetime, may amount to forgery explanation 3—for the purposes of this section, the expression "affixing digital signature" shall have the meaning assigned to it in clause (d) of sub-section (/) of section 2 of the information technology 2) of 2000 act, 2000 a draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it, a commits forgery 2 extracts from the indian evipence act, 1872 (1 of 1872) » 2 s 3 in this act the following words and expressions are used in the following senses, interpretation unless a contrary intention appears from the context:— clause "court" includes all judges and magistrates, and all petsons, except arbitrators, "court" legally authorised to take evidence "fact" means and includes— "fact" (7) anything, state of things, or relation of things, capabie of being perceived by the senses; (2) any mental condition of which any person is conscious hlustrations(a) that there are certain objects arranged in a certain order in a certain place, is a fact (5) that a man beard or saw something, is » fact {c) that a man said cestain words, is a fact (d) that a man bolds a certain opinion, hes a certain intention, acts in good faith or fraudulently, or uses a pasticular word in a particular sense, of is or was at a specified time conscious of a particular sensation, is a fact (e) that a man has a certain reputation, is a fact one fact is said to be relevant to another when the one is connected with the "relevant" other in any of the ways referred to in the provisions of this act relating to the relevancy of facts the expression "facts in issue" means and includes— "facts in issue", any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any tight, hability, or disability, asserted or denied in any suit or proceeding, necessarily follows explanation —whenever, under the provisions of the law for the time being in force relating to civil procedure, any court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issueais accused of the murder of b at his trial the following facts may be in issue:-— that a'caused b's death; - that a intended to cause'b's death, that a had received grave and sudden provocation from b; that a, at the time of doing the act which caused b's death, was, by reason of unsoundness of mind, incapable of knowing its nature "document" "document" means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter a writing is a document: words printed lithographed or photographed are documents: amap or plan is a document: an inscription on a metal plate or stone is a document: a caricature is a document "evidence" "evidence" means and includes— (j) all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence; (2) all documents including electronic records produced for the inspection of the court; such documents are called documentary evidence "proved", a fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists "disproved" a fact is said to be disproved when, after considering the matters before it, the court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist "not proved" a fact is said not to be proved when it is neither proved nor disproved "india" "india" means the territory of india excluding the state of jammu and kashmir the expressions "certifying authority", "digital signature", "digital signature certificate", "electronic form", "electronic records", "information", "secure electronic record", "secure digital signature" and "subscriber" shall have the meanings respectively assigned to them in the information technology act, 2000 474a when the court has to form an opinion as to the digital signature of any person, the opinion of the certifying authority which has issued the digital signature certificate isa relevant fact opinion as to digital signature when relevant proof as to 67a, except in the case of a secure digital signature, if the digital signature of digital signature any subscriber is alleged to have been affixed to an electronic record the fact that such digital signature is the digital signature of the subscriber must be proved presumption 85a the court shall presume that every electronic record purporting to be an agreement containing the digital signatures of the parties was so concluded by affixing the digital signature of the parties \| as \|\|-------------\|\| electronic \|\| agreements \|\| presumption \|85b (/) in any proceedings involving a secure, electronic record, the court shall presume unless contrary is proved, thatthe secure electronic record has not been altered since the specific point of time to which the secure status relates \| as \| to \|\|-------------\|-------\|\| electronic \| \|\| records \| and \|\| digital \| \|\| signatures \| \|(2) in any proceedings, involving secure digital signature, the court shall presume unless the contrary is proved that— (a) the secure digital signature is affixed by subscriber with the intention of signing or approving the electronic record; (6) except in the case of a secure electronic record or a secure digital signature, nothing in this section shall create any presumption relating to authenticity and integrity of the electronic record or any digital signature 85c the court shall presume, unless contrary is proved, that the information presumption as to digital signature certificates, listed in a digital signature certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber \| \| ld \| \| a \| \|\|------\|-------\|------\|------\|------\|90a where any electronic record, purporting or proved to be five years old, is produced from any custody which the court in the particular case considers proper, presumption as to electronic records five years old the court may presume that the digital signature which purports to be the digital signature of any particular person was so affixed by him or any person authorised by him in this behalf explanation—blectronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circurnstances of the particular case are such as to render such an origin probable this explanation applies also to section 81a s extracts from the information technology act, 2000 (21 of 2000) ta chapter i preliminaryshorititle, 1(/) ' (4) nothing in this act shall apply to,— extent, commencement and application,(a) a negotiable instrument (other than a cheque} as defined in section £3 ofthe negotiable instruments act, 1881; (5) a power-of-attorney as defined in section 1 a of the powers-of-attorney act, 7 of 1882 1882; (c) a trust as defined in section 3 of the indian trusts act, 1882; 2 of 1882 (d) a will as defined in clause (a) of section 2 of the indian succession act, 1925 39 of 1925 including any other testamentary disposition by whatever name called; (e) any contract for the sale or conveyance of immovable property or any interest in such property; (f) any such class of documents or transactions as may be notified by the central government in the official gazette definitions 2 (2) in this act, unless the context otherwise requires,— (a) "affixing digital signature" with its grammatical variations and cognate expressions means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of digital signature; (g) "certifying authority" means a person who has been granted a licence to issue a digital signature certificate under section 24; (4) "certification practice statement" means a statement issued by a certifying authority to specify the practices that the certifying authority employs in issuing digital signature certificates; () "computer network" means the interconnection of one or more computers through— (3 the use of satellite, microwave, terrestrial line or other communication media; and (i) terminals or a complex consisting of two or more interconnected computers whether or not the interconnection is continuously maintained; () "cyber appellate tribunal" means the cyber regulations appellate tribunal established under sub-section (7) of section 48; {v) "information" includes data, text, images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; , (w) "intermediary" with respect to any particular electronic message means any person who on behalf of another person receives, stores or transmits that message or provides any service with respect to that message; (2g) "subscriber" means a person in whose name the digital signature certificate is issued; chapter d diciva signaturelegal recognition of digital signatures 5 where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person then, notwithstanding anything contained in such law, such requirement shal] be deemed to have been satisfied, if such information or matter is authenticated by means of digital signature affixed in such manner as may be prescribed by the central government explanation—for the purposes of this section, "signed", with its grammatical variations and cognate expressions, shall, with reference to a person, mean affixing of his hand written signature or any mark on any document and the expression "signature" shall be construed accordingly 6 (1) where any law provides for— {@) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate government in a particular manner; \| use \| of \|\|------------\|-------\|\| clectronic \| \|\| records \| and \|\| digital \| \|\| signatures \| in \|\| government \| \|\| and \| its \|\| agencies \| \|(6) the issue or grant of any licence, permit, sanction or approval by whatever name called in a particular manner; (c) the receipt or payment of money in a particular manner, thén, notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the apprgpriate government (2) the appropriate government may, for the purposes of sub-section (/), by rules, prescribe— (a) the manner and format in which such electronic records shall be filed, created or issued; (2) the manner or method of payment of any fee or charges for filing, creation or issue any electronic record under clause (a) 10, the central government may, for the purposes of this act, by rules, prescribe— (a) the type of digital signature; ; \| \| power \| to \|\|------------\|----------\|-------\|\| make \| rules \| by \|\| central \| \| \|\| government \| \| \|(6) the mamer and format in which the digital signature shail be affixed; in respect of digital signature(c) the manner or procedure which facilitates identification of the persan affixing the digital signature; (@ control processes and procedures to ensure adequate integrity, security and confidentiality of electronic records or payments; and (e) any other matter which is necessary to give legal effect to digital signatures s + 12 (7) where the originator has not agreed with the addressee that the acknowledgment acknowledgetment of receipt of rec of electronic record be given in a particular form or by a particular method, an acknowledg:rent may be given by— (a) any communication by the addressee, automated or otherwise; or _ (6) any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received chapter v secure electronic records and secure digital signatures secure digital signature, 15 if, by application of a security procedure agreed to by the parties concerned, it can be verified that a digitat signature, at the time it was affixed, was— (a) unique to the subscriber affixing it; (5) capable of identifying such subscriber; (c) created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated, then such digital signature shall be deemed to be a secure digital signature security procedure 16 the central government shail for the purposes of this act prescribe the security procedure having regard to commercial circumstances prevailing at the time when the procedure was used, including— (@ the nature of the transaction; (6) the level of sophistication of the parties with reference to their technological capacity; (c) the volume of similar transactions engaged in by other parties; {d) the availability of alternatives offered to but rejected by any party; (e) the cost of alternative procedures; and ' (f the procedures in general use for similar types of transactions or communications 18 the controller may perform all or any of the following functions, namely:— functions of controller (f) specifying the contents of written, printed or visual materials and advertiseients that may be distributed or used in respect of a digital signature certificate and the public key; (g) specifying the form and content ofa digital signature certificate and the key; 19(f/) recognition (2) where any certifying authority is recognised under sub-section (/), the digital signature certificate issued by such certifying authority shall be valid for the purposes of of foreign certifying authorities this act lj 20 (1) the controller shall be the repository of all digital signature certificates issued under this actcontroller to act as repository (2) the controller shall— (a) make use of hardware, software and procedures that are secure from intrusion and misuse; (6) observe such other standards as may be prescribed by the central government, to ensure that the secrecy and security of the digital signatures are assured (3) the controller shall maintain a computerised data base of all public keys in such a manner that such data base and the public keys are available to any member of the public 21 (j) subject to the provisions of sub-section (2), any person may make an application, to the controller, for a licence to issue digital signature certificates {2) no licence shall be issued under sub-section {7}, unless the applicant fulfills licence to issue digital signature certificates, such requicements with respect to qualification, expertise, manpower, financial resources and other infrastructure facilities, which are necessary to issue digital signature certificates as may be prescribed by the central government e 230)? + 7 « suspension of licence (3) no certifying authority whose licence has been suspended shall issue any digital signature certificate during such suspension \| 2 \| \|\|-----------\|-------\|\| access \| to \|\| computers \| \|\| and \| data \|29 (1) without prejudice to the provisions of sub-section (/) of section 69, the coutroller or any person authorised by him shall, if he has reasonable cause to suspect that any contravention of the provisions of this act, rules or regulations made thereunder has been committed, have access to any computer system, any apparatus, data or any other materia] connected with such system, for the purpose of searching or causing a search to be made for obtaining any information or data contained in or available to such computer system \| \| \| \| \| \|\|------\|------\|------\|------\|------\|30 every certifying authority shall,—— 1 certifying authority fo follow certain procedures, (e) adhere to security procedures to ensure that the secrecy and privacy of the digital signatures are assured; and s disclosure - 34 (7) every certifying authority shall disclose in the manner specified by regulations— (a) its digital signature certificate which contains the public key corresponding to the private key used by that certifying authority to digitally sign another digital signature certificate; , i (@ any other fact that materially and adversely affects either the reliability of a digital signatyre certificate, which that authority has issued, or the authority's ability to perform its services (2) where in the opinion of the certifying authority any event has occurred or any situation has arisen which may materially and adversely affect the integrity of its computer system or the conditions subject to which a digital signature certificate was granted, then, the certifying authority shall— (a) use reasonbale efforts to notify any person who is likely to be affected by that occurrence; or (6) act in accordance with the procedure specified in its certification practice statement to deal with such event or situation chapter vidictta, signature certiricares 35 (7) py (4) on receipt of an application under sub-section (7), the certifying authority may, after consideration of the certification practice statement or the other statement under certifying authority to issue digital signature certificatesub-section (3) and after making such enquiries as it may deem fit, grant the digital signature certificate or for reasons to be recorded in writing, reject the application: providd that no digital signature certificate shall be granted unless the certifying authority is satisfied that— (a) the applicant holds the private key corresponding to the public key to be listed in the digital signature certificate; (4) the applicant holds a private key, which is capable of creating a digital signature; (c) the public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the applicant: provided further that no application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection \| \| \| \| \| \|\|------\|------\|------\|------\|------\| chapter ix penalties and adjudicationpenalty for 43 ifany person without permission of the owner or any other person who is incharge damage to of a computer, computer system or computer network,— computer, computer (a) accesses or secures access to such computer,computer system or computer system, etc network; power to 46 (1) for the purpose of adjudging under this chapter whether any person has adjudicate committed a contravention of any of the provisions of this act or of any rule, regulation, direction or order made thereunder the central government shall, subject to the provisions of sub-section (3), appoint any officer not below the rank of a director to the government of india or an equivalent officer of a state government to be an adjudicating officer for holding an inquiry in the manner prescribed by the central government chapter x tue cyber regulations appellate tribunalestablishment 48 (/) the central government shall, by notification, establish one or more appellate appellate tribunals to be known as the cyber regulations appellate tribunal tribunal, 2 composition 49 a cyber appellate tribunal shall consist of one person only (hereinafter referred to of cyber as the presiding officer of the cyber appellate tribunal) to be appointed, by notification, by tike nal the central government qualifications 50 a person shall not be qualified for appointment as the presiding officer ofa cyber for appellate tribunal unless he— appointment as presiding (a) is, or has been, or is qualified to be, a judge of a high court; or officer of the cyber (4) is or has been a member of the indian legal service and is holding or has held appellate a post in grade i of that service for at least three years term of §1 the presiding officer of a cyber appellate tribunal shall hold office for a term of office five years from the date on which he enters upon his office or until he attains the age of sixtyfive years, whichever is earlier52, the salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the presiding officer of a cyber appellate tribunal shall be such as may be prescribed: provided that neither the salary and allowances nor the other terms and conditions of service of the presiding officer shall be varied to his disadvantage after appointment salary, allowances and other terms and conditions of service of presiding officer filling up of vacancies 53 if, for reason other than temporary absence, any vacancy occurs in the office of the presiding officer of a cyber appellate tribunal, then the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the cyber appellate tribunal from the stage at which the vacancy is filled resignation and removal 54, (1) the presiding officer of a cyber appellate tribunal may, by notice in writing under his hand addressed to the central government, resign his office: 'provided that the said presiding officer shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest (2) the presiding officer of a cyber appellate tribunal shall not be removed from his office except by an order by the central government on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the supreme court in which the presiding officer concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges (3) the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid presiding officer 55 no order of the central government appointing any person as the presiding officer \| orders \| \|\|--------------\|------\|\| constituting \| \|\| appellate \| \|\| tribunal \| to \|of a cyber appellate tribunal shall be called in question in any manner and no act or proceeding before a cyber appellate tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of a cyber appellate tribunal \| final \| and \|\|--------------\|--------\|\| invalidate \| its \|\| proceedings \| \|56, (j) the central government shall provide the cyber appellate tribunal with such officers and employees as that government may think fit staff of the cyber appellate tribunal (2) the officers and employees of the cyber appellate tribunal shall discharge their functions under general superintendence of the presiding officer (3) the salaries, allowances and other conditions of service of the officers and employees of the cyber appellate tribunal shal! be such as may be prescribed by the central government, recovery of penalty 64 a penalty imposed under this act, if it is not paid, shal! be recovered as an arrear of land revenue and the licence or the digital signature certificate, as the case may be, shall be suspended till the penalty is paid hacking with computer system66 (7) whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes is value or utility or affects it injuriously by any means, commits hacking (2) whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both 67 whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to alt relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to publishing of information which is obscene in electronic form five years and with fine which may extend to one lakh rupees and in the event ofa second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two jakh ruppes 68 (1) \| power \| of \|\|-------------\|-------\|\| controller \| to \|\| give \| \|\| directions \| \|(2) any person who fails to comply with any order under sub-section (/) shalt be guilty ofan offence and shalt be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding two lakh rupees or to both - 69 (1) if the controller is satisfied that it is necessary or expedient so to do in the \| \| directions \| of \|\|------------\|---------------\|-------\|\| controller \| to \| a \|\| subscriber \| to \| \|\| extend \| \| \|interest of the sovereignty or integrity of india, the security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the government to intercept any information transmitted through any computer resource \| facilities \|\|---------------\|\| decrypt \|\| information \|(2) the subscriber or any person incharge of the computer resource shall, when called upon by any agency which has been directed under sub-section (j), extend all facilities and technical assistance to decrypt the information (3) the subscriber or any person who fails to assist the agency referred to in subsection (2) shall be punished with an imprisonment for a term which may extend to seven years 70 (1) the appropriate government may, by notification in the official gazette, declare protected system that any computer, computer system or computer network to be a protécted system \| \| \|\|-----------------\|------\|\| penalty \| \|\| for \| mis- \|\| representation \| \|71 whoever makes any misrepresentation to, or suppresses any material fact from, the controller or the certifying authority for obtaining any licence or digital signature certificate, as the case may be, shal! be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both, \| \| \| \| \| \|\|------\|------\|------\|------\|------\|73 (1) no person shall publish a digital signature certificate or otherwise make it available to any other person with the knowledge that— \| \| \| \|\|--------------\|------\|---------\|\| penalty \| for \| \|\| publishing \| \| \|\| digital \| \| \|\| signature \| \| \|\| certificate \| \| \|\| false \| in \| cestain \|\| particulars \| \| \|\| publication \| for \| \|\| fraudulent \| \| \|\| purpose \| \| \|74, whoever knowingly creates, publishes or otherwise makes available a digital signature certificate for any fraudulent or unlawful purpose shail be punished with imprisonment for aterm which may extend to two years, or with fine which may extend to one lakh rupees, or with both 77, no penalty imposed or confiscation made under this act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in force\| penalties \| or \|\|--------------\|-------\|\| confiscation \| \|\| nat \| to \|\| interfere \| \|\| with \| other \|\| punishments \| \|\| \| \| \| \| \| \| \| \| \| 2 \| of \| 1974 \|\|-------------\|-----------------\|----------\|-----------\|-----\|------\|------\|--------\|----------------\|------------\|--------\|----------\|\| 78 \| notwithstanding \| anything \| contained \| in \| the \| code \| of \| criminal \| procedure, \| 1973, \| a \|\| police \| officer \| not \| below \| the \| rank \| of \| deputy \| superintendent \| of \| police \| shall \|\| power \| to \| \| \| \| \| \| \| \| \| \| \|\| investigate \| \| \| \| \| \| \| \| \| \| \| \|\| offences \| \| \| \| \| \| \| \| \| \| \| \|\| offence \| under \| this \| act \| \| \| \| \| \| \| \| \| chapter xii network service providers not to be liable in certain casesnetwork service providers not to be liable in certain cases 79 for the removal of doubts, it is hereby declared that no person providing any service as a network service provider shall be liable under this act, rules or regulations made thereunder for any third party information or data made available by him if he proves that the offence or contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence or contravention explanation,—for the purposes of this section, - (a) "network service provider" means an intermediary; (5) "third party information" means any information dealt with by a network service provider in his capacity as an intermediary chapter xill miscellaneous\| \| \| \| \| \| \| \| \| \| 2 \| of \| 1974 \|\|-----------\|---------\|-----------------\|----------\|------------\|-----------\|--------\|-----------\|------------\|------------\|----------------\|------------\|\| 80 \| (7) \| notwithstanding \| anything \| contained \| in \| the \| code \| of \| criminal \| procedure, \| 1973, \|\| any \| police \| officer, \| not \| below \| the \| rank \| of \| a \| deputy \| superintendent \| of \|\| officer \| of \| the \| central \| government \| or \| a \| state \| government \| authorised \| by \| the \|\| power \| of \| \| \| \| \| \| \| \| \| \| \|\| police \| officer \| \| \| \| \| \| \| \| \| \| \|\| and other \| \| \| \| \| \| \| \| \| \| \| \|\| officers \| to \| \| \| \| \| \| \| \| \| \| \|\| enter, \| search, \| \| \| \| \| \| \| \| \| \| \|\| etc, \| \| \| \| \| \| \| \| \| \| \| \|\| in \| this \| behalf \| may \| enter \| any \| public \| place and \| search \| and \| arrest \| without \|\| found \| therein \| who \| is \| reasonably \| suspected \| or \| having \| committed \| or \| of \| committing \|\| about \| to \| commit \| any \| offence \| under \| this \| act \| \| \| \| \|explanation,—for the purposes of this sub-section, the expression "public place" includes any public conveyance, any hotel, any shop or any other place intended for use by, or accessible to the public (2) where any person is arrested under sub-section (/) by an officer other than a police officer, such officer shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or before the officer-in charge of a police station \| \| \| \| \| \| \| \| \| \| \| \| 2 \| of \| 1974, \|\|------------\|-------\|------------\|----------\|--------\|------\|-----\|----------\|------------\|------\|--------\|----------\|-------\|----------\|\| (3) \| the \| provisions \| of \| the \| code \| of \| criminal \| procedure, \| 1973 \| shall, \| subject \| to \| the \|\| provisions \| of \| this \| section, \| apply, \| so \| far \| as \| may \| be, \| in \| relation \| to \| any: \|\| made \| under \| this \| section \| \| \| \| \| \| \| \| \| \| \|82 the presiding officer and other officers and employees of a cyber appellate tribunal, the controller, the deputy controller and the assistant controllers shall be deemed 45 of 1860 to be public servants within the meaning of section 21 of the indian penal code controller, deputy collector and assistant controllers to be public servants, (2) in particular, and without prejudice to the generality of the foregoing power, such power of central government rules may provide for all or any of the following matters, namely:— to make rules,(a) the manner in which any information or matter may be authenticated by means of digital signature under section 5; (5) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (/) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; (d) the matters relating to the type of digital signature, manner and format in which it may be affixed under section 10; (») the form in which application for issue of a digital signature certificate may be made under sub-section (£) of section 35; (0) the fee to be paid to the certifying authority for issue of a digital signature certificate under sub-section (2) of section 35; (3) every notification made by the central government under clause (/) of sub-section (4 of section 1 and every rule made by it shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or the rule or both houses agree that the notification or the rule should not be made, the notification or 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 notification or rule ld 90 qd (2) in particular, and without prejudice to the generality of the foregoing power, such power of state government to make rules rules may provide for all or any of the following matters, namely: - © (c) any other matter which is required to be provided by rules by the state government : 91 the indian penal code shail be amended in the manner specified in the first schedule to this act 92 the indian evidence act, 1872 shal] be amended in the manner specified in the second schedule to this act amendment of act 45 of 1860 amendment of act 1 of 1872 amendment 93, the bankers' books evidence act, 1891 shall be amended in the manner specified in the third schedule to this act 94, the reserve bank of india act, 1934 shall be amended in the manner specified in the fourth schedule to this act of act 18 of 1891, amendment of act 2 of 1934 the first schedule (see section 91) amendments to the indian penal cope (45 of 1860)1 after section 29, the following section shall be inserted, namely:— electronic record, "294a the words "electronic record" shall have the meaning assigned to them in clause (4) of sub-section (/) of section 2 of the information technology act, 2000" 2, in section 167, for the words "such public servant, charged with the preparation or translation of any document, frames or translate that document", the words "such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record" shall be substituted, 3 in section 172, for the words " produce a document in a court of justice", the words "produce a document or an electronic record in a court of justice" shall be substituted 4 in section 173, for the words "to produce a document in a court of justice", the words "to produce a document or electronic record in a court of justice" shall be substituted § in section 175, for the word "document" at bota;the places where it occurs, the words "document or electronic record" shall be substituted 6 in section 192, for the words "makes any false entry in any book or record, or makes any document containing a false statement", the words "makesany false entry in any book or record, or electronic record or makes any document or electromtecord containing a false statement" shall be substituted 7 in section 204, for the word "document" at both the places where it occurs, the words " document or electronic record" shall be substituted 8 in section 463, for the words "whoever makes any false documents or part of a document with intent to cause damage or injury", the words "whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury" shall be substituted 9 in section 464,— (a) for the portion beginning with the words "a person is said to make a false document" and ending with the words "by reason of deception practised upon him, he does not know the contents of the document or the nature of the alteration", the following shall be substituted, namely:— "a person is said to make a false document or false electronic record— first—who dishonestly or fraudulently— (a) makes, signs, seals or executes a document or part of a document; (2) makes or transmits any electronic record or part of any electronic record; (c) affixes any digital signature on any electronic record; (a) makes any mark denoting the execution of a document or the authenticity of the digital signature, with the intention of causing it to be believed that such document or part of document, electronic record or digital signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or secondly—who, without lawful authority, dishonestly or fraudulently, by cancellation of otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with digital signature either by himself or by any other person, whether such person be living or death at the time of such alteration; or thirdly—who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his digital signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration":(6) after explanation 2, the following explanation shall be inserted at the end, namely:— 'explanation 3—for the purposes of this section, the expression "affixing digital signature" shall have the meaning assigned to it in clause (a) 21 of 2000 of sub-section (7) of section (2) of the information technology act, 2000' 10 in section 466,—- (a) for the words "whoever forges a document", the words "whoever forges a document or an electronic record" shall be substituted; (d) the following explanation shall be inserted at the end, namely:— 'explanation—for the purposes of this section, "register" includes any list, data or record of any entries maintained in the electronic form as defined in 21 of 2000clause (r) of sub-section (/) of section 2 of the information technology act, 2000" 11 in section 468, for the words "document forged", the words "document or electronic record forged" shall be substituted 12, in section 469, for the words "intending that the document forged", the words "intending that the document or electronic record forged" shall be substituted 13 in section 470, for the words "document", in both the places where it occurs, the words "document or electronic record" shal! be substituted 14 insection 471, for the words "document", wherever it occurs, the words "document or electronic record" shall be substituted 15, in section 474, for the portion beginning with the words "whoever has in his possession any document" and ending with the words "if the document is one of the description mentioned in section 466 of this code", the following shall be substituted, namely:-— , "whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as a genuine, shall, if the document or electronic record is one of the description mentioned in section 466 of this code" 16 in section 476, for the words "any document", the words "any document or electronic record" shall be substituted 17, insection 477a, for the words "book, paper, writing" at both the places where they occur, the words "book, electronic record, paper, writing" shall be substituted the second schedule (see section 92) amendments to the indian evipencs ar, 1872 (1 of 1872)1 in section 3,— (a) in the definition of "evidence", for the words "all documents produced for the inspection of the court", the words "all documents including electronic records produced for the inspection of the court" shall be substituted; (5) after the definition of "india", the following shall be inserted, namely:— 'the expressions "certifying authority" "digital signature", "digital signature certificate", "electronic form", "electronic records", "information", "secure electronic record", "secure digital signature" and "subscriber" shall have the meanings respectively assigned to them in the information technology act, 2000' 2 in section 17, for the words "oral or documentary,", the words "oral or documentary or contained in electronicform" shall be substituted 3 after section 22, the following section shall be inserted, namely:— "22a oral admissions as to the contents of electronic records are not relevant, © when oral admission as unless the genuineness of the electronic record produced is in question" 4 in section 34, for the words "entries in the books of account", the words "entries in the books of account, including those maintained in an electronic form" shall be substituted \| to \| contents \|\|------------\|-------------\|\| electronic \| \|\| records \| are \|\| relevant, \| \|5 in section 35, for the word "record", in both the places where it occurs, the words "record or an electronic record" shall be substituted 6 for section 39, the following section shall be substituted, namely:— "39 when any statement of which evidence is given forms part of 2 longer what evidence statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters \| to \| be \| given \|\|---------------\|-------\|----------\|\| when \| \| \|\| statement \| \| \|\| forms \| part \| of \|\| conversation, \| \| \|\| document, \| \| \|\| electronic \| \| \|\| record, \| book \| \|or papers as the court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made" 7, after section 47, the following section shall be inserted, namety:— \| or \| series \|\|---------\|-----------\|\| letters \| or \|\| papers \| \|"474 when the court has to form an opinion as to the digital signature of any person, the opinion of the certifying authority which has issued the digital signature certificate is a relevant fact" \| opinion \|\|------------\|\| digital \|\| signature \|\| when \|\| televant \|8 in section 59, for the words "contents of documents", the words "contents of documents or electronic records" shall be substituted 9 after section 65, the following sections shall be inserted, namely:— '65a the contents of electronic records may be proved in accordance with the provisions of section 65b, special provision as to evidence relating to electronic tecord, admissibility of electronic records65b (4) notwithstanding anything contained in this act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible (2) the conditions referred to in s»b-section (/) in respect of a computer output shali be the following, namely:— (a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer; (8) during the said period, information of the kind contained in the electronic record or of the kind form which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities; (c) throughout the material part of the said period, the computer was opetating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and @ the information contained in the electronic fecord reproduces or is derived form such information fed into the computer in the ordinary course of the said activities (3) where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2} was regularly performed by computers, whether— (a) by a combination of computers operating over that period; or (5) by different computers operating in succession over that period; or (c) by different combinations of computers operating in succession over that period; or (d@) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly (4) in any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,— (@ identifying the elettronic record containing the statement and describing the manner sin which it was produced; (4) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, : and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it (5) for the purposes of this section,— "3 (a) information shall taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment; (b) whether in the course of'activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities, by a computer operated otherwise than in the course of those that information, of duly supplied to that computer, shall be taken to be supplied to it in the course of those activities; (c) acomputer output shail be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment explanation —for the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process',10 after section 67, the following section shall be inserted, namely:— "67a except in the case of a secure digital signature, if the digital signature of any subscriber is alleged to have been affixed to an electronic record the fact that such \| proof \|\|------------\|\| digital \|\| signature \|digital signature is the digital signature of the subscriber must be proved" 11 after section 73, the following section shall be inserted, namely:— proof as to verification '734a in order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the court may direct— of digital signature (a) that person or the controller or the certifying authority to produce the digital signature certificate; (6) any other person to apply the public key listed in the digital signature certificate and verify the digital signature purported to have been affixed by that person 21 of 2000 explanation—for the purposes of this section, "controller" means the controller appointed under sub-section (/) of section 17 of the information technology act, 2000' 12 after section 81, the following section shall be inserted, namely:-— presumption as to gazettes in clectronic forms, "81a the court shall presume the genuineness of every electronic record purporting to be the official gazette, or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from proper custody" 13 after section 85, the following sections shall be inserted, namely:— presumption "85a the court shall presume that every electronic record purporting to be an agreement containing the digital signatures of the parties was so concluded by affixing the digital signature of the parties \| as \|\|-------------\|\| electronic \|\| agreements \|\| presumption \|85b (7) in any proceedings involving a secure electronic record, the court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates \| as \| to \|\|-------------\|---------\|\| tonic \| records \|\| and \| digital \|\| signatures, \| \|(2) in any proceedings, involving secure digital signature, the court shall presume unless the contrary is proved that-— (a) the secure digital signature is affixed by subscriber with the intention of signing or approving the electronic record; (d) except in the case of a secure electronic record or a secure digital signature, nothing in this section shall create any presumption relating to authenticity and integrity of the electronic record or any digital signature 85c the court shall presume, unless contrary is proved, that the information presumption as to digital signature certificates listed in a digital signature certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber" 14, after section 88, the following section shail be inserted, namely:— presumption as to electronic messages'88a, the court may presume that an electronic message forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the court shall not make any presumption as to the person by whom such message was sent explanation—for the purposes of this section, the expression "addressee" and "originator" shall have the same meanings respectively assigned to them in clauses (4) and (za) of sub-section (/) of section 2 of the information technology act, 2000' 15 after section 90, the following section shall be inserted, namely:— presumption "0a where any electronic record, purporting or proved to be five years ald, is produced from any custody which the court in the particular case considers proper, \| as \| to \|\|------------\|-------\|\| electronic \| \|\| records \| five \|\| years \| old \|the court may presume that the digital signature which purports to be the digital signature of any particular person was so affixed by him or any person authorised by him in this behalf explanation—electronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such an origin probable this explanation applies also to section 81a" 16 for séction 131, the following section shall be substituted, namely:— "131 no one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production" the third schedule\| production \| of \|\|---------------\|--------\|\| documents \| or \|\| electronic \| \|\| records \| which \|\| another \| \|\| person, \| having \|\| possession, \| \|\| could \| refuse \|\| produce \| \| (see section 93) amendments to the bankers' books evidence act, 1891 (18 of 1891)1 in section 2— {a) for clause (3), the following clause shall be substituted, namely:— '(3) "bankers' books" include ledgers, day-books, cash-books, accountbooks and all other books used in the ordinary business of a bank whether kept in the written form or as printouts of data stored in a floppy, disc, tape or any other form of electro-magnetic data storage device; (4) for clause (8), the following clause shall be substituted, namely:— (8) "certified copy" means when the books of bank,— (a) are maintained in written form, a copy of any entry in such books together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business and that such book is still in the custody of the bank, and where the copy was obtained by a mechanical or other process which in itself ensured the accuracy of the copy, a further certificate to that effect, but where the book from which such copy was prepared has been destroyed in the usual course of the bank's business after the date on which the copy had been so prepared, a further certificate to that effect, each such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title; and (8) consist of printouts of data stored in a floppy, disc, tape or any other electro-magnetic data storage device, a printout of such entry or a copy of such printout together with such statements certified in accordance with the provisions of section 2a' 2 after section 2, the following section shall be inserted, namely:— conditions in the printout"2a a printout of entry or a copy of printout referred to in sub-section (8) of section 2 shall be accompanied by the following, namely:— (a) a certificate to the effect that it is a printout of such entry or a copy of such printout by the principal accountant or branch manager; and (6) a certificate by a person in-charge of computer system containing a brief description of the computer system and the particulars of - (4) the safeguards adopted by the system to ensure that data is entered or any other operation performed only by authorised persons; (b) the safeguards adopted to prevent and detect unauthorised change of data; (c) the safeguards available to retrieve data that is lost due to systemic failure or any other reasons; (d) the manner in which data is transferred from the system to removable media like floppies, discs, tapes or other electro-magnetic data storage devices; (e) the mode of verification in order to ensure that data has been accurately transferred to such removable media; (f) the mode of identification of such data storage devices; (g) the arrangements for the storage and custody of such storage devices; (h) the safeguards to prevent and detect any tampering with the system; and () any other factor which will vouch for the integrity and accuracy of the system (c) a further certificate from the person in-charge of the computer system to the effect that to the best of his knowledge and belief, such computer system operated properly at the material time, he was provided with all the relevant data and the printout in question represents correctly, or is appropriately derived from, the relevant dat the fourth schedule (see section 94) amendments to the reserve bank of inpia act, 1934 (zor 1934)2 of 1934 in the reserve bank of india act, 1934, in section 58, in sub-section (2), after clause (p), the following clause shall be inserted, namely:— "(pp) the regulation of fund transfer through electronic means between the banks or between the banks and other financial institutions referred to in clause {c) of section 45-i, including the laying dawn of the conditions subject to which banks and other financial institutions shall participate in such fund transfers, the manner of such fund transfers and the rights and obligations of the participants in such fund transfers;" la	Parliament_bills	95473163-64d0-5693-8dc9-8bf0fc02f2c6

bill no lxii 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 called the constitution (amendment) act, 2010short title and commencement(2) it shall come into force, at once 2 in article 10 of the constitution, the following proviso shall be inserted, namely:—amendment of article 105"provided that a person found guilty by a court of law for indulging in activities posing threat to secrurity and integrity of the country shall cease to be a citizen with immediate effect" statement of objects and reasonsarticle 10 of the constitution provides for continuance of the rights of citizenship subject to the provisions of any law that may be made by parliament it has been observed that persons indulging in activities posing threat to the security and integrity of the country continue to enjoy the rights of citizenship, freedom and other facilities as conferred on them by the constitution continuance of rights of citizenship, in such cases, pose a threat to the security or integrity of the nation it is, therefore, felt that the constitution should be amended suitably to deprive such persons of the right of citizenshiphence, this billshreegopal vyas annexure extracts from the constitution of india continuance of the rights of citizenship10 every person who is or is deemed to be a citizen of india under any of the foregoing provisions of this part shall, subject to the provisions of any law that may be made by parliament, continue to be such citizen rajya sabha————— a billfurther to amend the constitution of india—————(shri shreegopal vyas, mp)gmgipmrnd—4359rs(3)—27082010

Parliament_bills

3c036f71-8ea9-5a97-b37e-60395ae43cbc

the appropriatlon (no8) bill, 1959(as introduced in lok sabha on 14th december, 1959) the appropriation (no8) bill, 1959 (as· fntroduced in lok sabha) 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 1959-60 be it enacted by parliament in the tenth year of the republic of india as follows:-1 this act may be called the appropriation (no8) act, 1959 short title, 2 from and out of the consolidated fund of india there may luue of ri' s be paid and applied sums not exceeding those specified in column 3 14,65r,16be,ooo out 0 t of the schedule amountmg m the aggregate to the sum of fourteen consolidated crores, sixty-five lakhs and sixteen thousand rupees towards defray-ifndu~d ~f th la lor e mg the several charges which will come in course of payment year 1959-during the financial year 1959-60, in respect of the services specified 60 10 in column 2 of the schedule 3 the sums authorised to be paid and applied from and out of appropria the consolidated fund of india by this act shall be appropriated for tion the services and purposes expressed in the schedule in relation to the said year the schedulei 2 ;i ---no sums not exceeding of vote -services ana purposes votc'cl by cha~ed on parliament the onsoli-total dated fund rs rs rs 10 9 defence service!-eftectivc-army 1,92,000 1,92, 000 2s opium 2292,000 21,92• 000 73 expenditure on displaced persons and minorities :6,0:)0 6, 000 is 108 capital outlay of the ministry of community development and co-operation 1,08,00,000 1,0800 000 121 other capital outlay of the ministry of food ana agricul-20 ture 776,99,000 z6,000 7,77,~5, 000 130 capital outlay of the ministry of steel, mines and fuel 5,55,00,000 5,55,00, 000 131 j capital outlay on posts and i telegraphs (not met from \ revenue) 1,000 i, i total 14,6484,000 14,65,16, i ]zooo 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, excluding railways, for the financial year 1959-60 morarji desai new delhi; the 11th december, 1959 i' a btilto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 1959-60 the president has, in pursuance of clauses (i) and (3) of article 117 of the constitution of india, read with article 115 thereof, recommended to lok sabha the introduction and consideration of the bill m n kaul, secretary (shri morarji desai, minister of finance)

Parliament_bills

dc71cee7-d5c7-5267-840d-7c4529accdbe

bill no 39 of 2017 the constitution (scheduled castes) orders (amendment) bill, 2017 a billfurther to amend the constitution (scheduled castes) order, 1950 to modify the list of scheduled castes in the state of odisha and to amend the constitution(pondicherry) scheduled castes order, 1964be 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 (scheduled castes) orders (amendment)act, 201752 in the schedule to the constitution (scheduled castes) order, 1950, inpart xiii—odisha, for entry 79, the following entry shall be substituted, namely:—"79 sabakhia, sualgiri, swalgiri"co 683 in the constitution (pondicherry) scheduled castes order, 1964, the word"pondicherry" at both places where it occurs, the word "puducherry" shall be substitutedco 19amendment of constitution (scheduled castes) order, 1950amendment of constitution (pondicherry) scheduled castes order, 1964 statement of objects and reasonsin pursuance of the provisions of clause (1) of article 341 of the constitution, presidential orders were issued specifying scheduled castes in respect of various states and union territories these orders have been amended from time to time by acts of parliament enacted under clause (2) of article 341 of the constitution2 the state government of odisha has proposed for inclusion of synonymous communities in respect of entry 79 of the list relating to sabakhia community in the scheduled caste list the registrar general of india and the national commission for scheduled castes have conveyed their concurrence to the proposed modifications3 consequent upon the change of name of the union territory of pondicherry to puducherry, the reference of pondicherry appearing in the constitution (pondicherry) scheduled castes order, 1964 is required to be changed, as a consequential amendment4 in order to give effect to the above, it is necessary to amend the following two constitution (scheduled castes) orders, namely:—(i) the constitution (scheduled castes) order, 1950; in respect of odisha; and (ii) the constitution (pondicherry) scheduled castes order, 19645 the bill seeks to achieve the aforesaid objectivesnew delhi;thawarchand gehlotthe 17th february, 2017 financial memorandumthe bill seeks to include certain synonymous communities in respect of an entry in the list of the scheduled castes for the state of odisha this will entail some additional recurring and non-recurring expenditure on account of benefits of schemes meant for the development of the scheduled castes to which the persons belonging to the newly added communities will become entitled, as a result of enacting this bill2 it is not possible to estimate with any degree of precision the likely expenditure which would have to be incurred on this account due to non-availability of caste-wise data annexureextract from the constitution (scheduled castes order, 1950)(co 19) part xiii—odisha 79 sabakhia ————extract from the constitution (pondicherry) scheduled castesorder, 1964(co 68) 1 this order may be called the constitution (pondicherry) scheduled castes order, 19642 the castes, races or tribes or parts of or groups within castes, races or tribes specified in the schedule to this order shall, for the purposes of the constitution, be deemed to be scheduled castes in relation to the union territory of pondicherry so far as regards members thereof resident in that union territory:provided that no person, who professes a religion different from the hindu, the sikh or the buddhist religion shall be deemed to be a member of a scheduled caste lok sabha———— a billfurther to amend the constitution (scheduled castes) order, 1950 to modify the list of scheduled castes in the state of odisha and to amend the constitution (pondicherry) scheduled castes order, 1964————(shri thawarchand gehlot, minister of social justice and empowerment)gmgipmrnd—4783ls(s3)—01-03-2017 the constitution (scheduled castes) orders (amendment) bill, 2017 [to be/as introduced in lok sabha] 1 page 1, in line 8- for "order, 1964, the word" read "order, 1964, for the word" 2 page 1, in line 9- for "at both places" read "at both the places" 3 page 2, in line 7- for "in respect of entry 79" read "in respect of an existing entry 79" new delhi; march 7, 2017______ phalguna 16, 1938 (saka)

Parliament_bills

b9a500fe-7b53-5f5f-9203-ae2de3958c43

- bin no 1m of 1990 " , t tiu chief election commissioner and other election commissioners (cond~tions of se,rvice) bill, 1990 a billto determine the conditions of service of the chief jzecticm commillio~ and other ezection commissioners and for matters connected there with or incidental thereto, be it enacted by parliament in the forty-first year of the repl;lblic of india as follows:- chapter i preliminarys 1 this act may be called the chief election commissioner and other short title election commissioners (conditions of service) act 1990 2 in this act unless the eontext otherwise requires,-definition • (4) "chief election commissioner" means the chief el~n commfufoner appointed under article 324 of the coiiitftutlalaa (b), "election commissioner" meidl' any other election com- missioner appointed under article 324 of the cons~tion, chapi'er ii salaily and othiir conditions of siirvia of till: chid' etbction commissioner and eucctron commissionldlssalary 3 (1) there be paid to die cwei eiedioa cos - '8i1oaer ry "lucia is eqmi to tile , 01 - judae at supreiiie ot 5 (2) tiiea be paid to eiectioa coaai9sioiier - iiiary wiaida ii eqai ie lie alary 01 - judp of - iiiib court: pnmded dim if a period who, ; y befare of •• us of6ee as the cjiief eiec1iod coaidmiioaer 011, die ewe , be, _ elertiea collullissioner, will iii receipt of, 01', beidr ",hie 80 to do, bad eiedeci to 10 draw, - peu5ion (other thad a cisahiiity or woiiiid pelllioll) in 01 auy pre~iout service file gowmmeat 01 ,die u 01' 18ider tie goyenamead of a state, iiiimy id reaped 01 senic:e - tile chief fjecdon coiimiiimioder or, 18 tile case may be electk coni ' sloba' sbiiii be recioeeci-15 (a) by 1be idoudt of peuiod; - (b) if be bad, before 815 oftice, receiyed, id uea 01 - porttoa of the pellsion due to him id respect 01 sudi preno fiei'vb, coiiib'iutecl ,iae tbereoi, by tile 8siiouiit of rjioi1i- 01 die pedlloli term of (linc:e 4 the chief election commissioner or an election commissioner shall hold office for a term of six years from the date on which be 20 assumes his office: provided that where-(i) ~he chief election commissioner attains the age of sixty-five years; or (ii) an election commissioner attains the age of sixty-two years, 25 before the expiry of the said term of six years he sh311 vacate his office on the date on which he attains the said age: provided l'uj""her that the chief election cotnmissioner or an election commissioner may at any time by writing under his hand addressed to the president,resign his office 30 e:r:pla'i\qtion-fol' the purpose of this !eetion the term of six years in res~ of the cht&f blecfmn oornrnimlofter or 1m election commissioner holding office immediately before the commencement of this ad, shall be computed from the date on which 'm had assumed office 5 (1) a person who, immediately before the date of assuming office le, as the chief election commissioner or an elec'"jon commissioner, was in i8i'yice of govet'l'llullt may be granted durinl hia _11ft of ofbce but not thereafter, leave in accordance with the rules for the tim being 5 applicable to the service to which he belonged befo~e such date and he shall be entitled to carry forward the amount of leave standina at his credit on such date, notwithstanding anything con'tained in section 6 (2) any other person who is appointed as the chief election commissioner or an election commissioner may be granted leave in accord-10 anee with such rules as are for the time being applicable to a member of the indian administrative service (3) the power to grant or refuse leave to the chief election commissioner or an election commissioner and to revoke or curtail leave' granted to him, shall vest in the president i 15 pension payable to election cornmissioners 20 6 (1) a person who, i~ before die elate of ii88uiding oiike as the chief election commissioner or election commissioner was id service of govern , s uemeci , have retire4 from emce gil the 011 which be ea oiiee iii chief jljecdcjb commis"oiiiti or - eletdop com- bat suijiequent ilei'vke 15 the claw eieqioa coadi-oer or an election commissioder shill be recobed as contiouidg approved service count· btl for pemiob in senice , ,lie (2) w ciiiei eieedod eoamseioner cdce [~ bt any manner spedfied in sub-sedion (~) or by resignati,on], he shall, on sa demission be enfitled to-2s 41 of 1958 (a) a peosioil wiiich is equal to the pension payable to - judp 01 the supreme court in bl"coi'ciialce ~ die provisions of pm 10 of selledule to tile supreme court juciges (coaditioas of senic:e) ad, 1958, is ameuded from time to time; and! (b) such t)mllsion (including commutation of pension), family penllion and gratuity as are ijiimissibie to a j" 01 ~ supreme court under the said act and the rules thereunder, as amended from ltime to tim 30 (3) where an eletdon commissioner demits office [whetber in ~y dmlnner specified in sub-section (4) or by resignation], he shall, on such delftl8sioa, be entitled to-3s (ii) a pension which ~ equal to the pe_on payable to - judge of - high coot1 in ~ with the provisions of pare in 01 the flnt schedole to the high court judges (conditioas of service) act, 1954, as 28 of 1954 amended from time to time; and 40 (b) such pension (indudiag commutai- of pensbl), family pension and puity as are ~bie to a j of - idrh ec-t the slm act mid the rules made tiieremmier, -oded from time to tiaie the chief fjedloa ~r cii' : fjecdoa com-(4) escapt where resignadoa he shill be cieealed, for the -pote of mtmioner demils oftice by this ad, to 111m demitted o8ia if, add only ii,-(a) lie coiiiijiie4ed abe tend of oike spedfted iecdoa 4 or (b) be has attained die lit of sixtyfive yean, or as the die _y be, sixfy-two years, or (c) his 0 of·~ is diedicaiiy c:erdw w lie aeaellitated by ill·hetiitia 7 every person holding office as the ch:efelection commissioner or s an election commissioner, shall be entitled to subscribe to the general provident fund (central services) right to subscribeto general provident fund other conditions of sel'vlce 8 save as otherwise provided in this act, the conditions of service relating to travelling allowance provision of rent-free residence and exemption from payment of income-tax on the value of such rent-free 10 residence, conveyance facilities, sumptuary allowance, medical facilities and such other conditions of service as are, for the time being, applicable to,-(~) a jodge of the supreme coort c iv of die sujll'fme court judges (cgadidom of service) ad, 1958 and the rules iii8df' ciiere-41 of 1958 udeier, !diai1, so , 88 may be, apply to the ciiief fjedion coauiiiiioaer; is () a judge of a hlp cott iihdet- cbipter iv 01 die hiih caart judges (conditioas of service) ad, 1954 _d the rules theremlder, 28 of iv" siaaii, so f 811 -y be, apply to _ eiedion coo· statement of objects and reasons, th~ committee' on eleetoral reforms have made ce~ 'reco'jlullendations with regard' to the terms and conditions of service of the chief '·ei~tion' commissioner and the other election co~onefb after having stu~edthose recommendations, the government have' decided that the salary, pension and other conditions of service of the cbfe!f election commissioner should be equivalent to those ola judge of the 'supreme court and the comptroller and auditor-general of india it f also decided that the salmy, pension and other conditions of service of the election commisalone1'8 should be equivalent to tn08e of a judge of a high court i ; 2 the bill seeks to achieve the above objects nw dam; dinesh goswami the 28th may, 1990 sub-clause (1) of clause 3, clause 6 and c1aule 8(i)', of _ btll pertaiu to the i8lary and other conditions of lervtee of the chief eleetdon ccnnllduioner and would involve an additional reeurtlng espendfturei of re 84,000/- per annum from the consolidate4 'pond of indta 2 sub-clause (2) of clause 8, c1auae 6 and c1aum 8 (u), of the bill pertains to the salary and other conditione of service of an election commissioner and would involve a recurring expenditure of rb 1,20,000/-, per election commiljioner, per annum from the consolidated fund of india however, as there is no post of election commissioner at present, \i'o expenditure from the consolidated fund of india would be involved 3 the bill when enacted will not involve any other recurring or non-recurrrng expenditure from the consolidated fund of india a bill - to determine the conditions of service of the chief election commissioner and other election commissioners and for matters connected therewith or incidental thereto (shri diftebh gobwa:m:i, minister c1f law 4tad jubtice)

Parliament_bills

fabbb53c-01fc-5494-918d-6bb73a9a3663

statement of objects and reasonsin view of lack of suitable organisation and the paucity of resources with the state governments, the development of inland water transport has not made much headway there are certain advantages in this mode of transport, such as low cost of transport, energy efficiency, generation of employment among weaker sections of the community and less of pollution the various committees set up by the government for the purpose of looking into this matter recommended that the central government should declare certain waterways as national waterways and assume responsibility for their development 2 the central government have already constituted the inland waterways authority of india under the inland waterways authority of india act, 1985 (82 of 1985) for the regulation and development of inland waterways for purposes of shipping and navigation, 3, allahabad-haldia stretch of the ganga-bhagirathi-hooghly river and the sadiya-dhubri stretch of the brahmaputra river have already been declared as national waterways and the inland waterways authority of india has taken up the development maintenance and management of these waterways 4 it is now proposed to declare the kollam-kottapuram stretch of west coast canal and champakara and udyogmandal canals as the third national waterway information currently available indicates that the infrastructural facilities essentially required for safe and convenient shipping and navigation are not adequate for sustained operation by large mechanised crafts, regulation and development of kollam-kottapuram stretch of west coast canal and champakara and udyogmandal canals for purposes of shipping and navigation on the proposed national waterway under the control of the union is in the public interest and declaration to that effect has also been made in the bill, § the bill seeks to achieve the above objects new de ut; the 14th february, 1992 jagdish tytler financial memorandumthe effect of clause 3 of the bill will be to entrust the responsibility io regulate and develop the proposed national waterway for the purposes of shipping and navigation to the union, the regulation and developtment of the proposed national waterway will be carried out by the inland waterways authority of india constituted under the inland waterways authority of india act, 1985 (82 of 1985) consequently, three distinct functions, hamely, development, maintenance and management will devolve on the inland waterways authority of india the financial implications are indicated in the succeeding paragraphs 2 it has been visualised that the total originating and terminating traffic in the region is 1660 million tonnes, out of this, the estimated share of inland water transport would be 200 million tonnes, after full development of the proposed national waterway, the anticipated inland water transport traffic may be 35 million tonnes by 1994-95, this traffic is expected to be handled at 15 terminals, namely, kottapuram, ermakulam, cochin, vaikom, shartallai, vechoor, ambalapuzha, trikkum mapuzha, arattupuzha, kayamkulam chavara, ashtamudi, arookutty, allepey and kollam, 3 the development of the canals and the infrastructural facilities so as tocater''to the requirements of shipping and navigation to handle the above-mentioned traffic include development of the waterway for navigation, channel marking; construction of jetties, transit sheds, installation_of handling equipment, ete it is estimated that the expenditure with respect to the said infrastructural facilities will be of the order of rs 6200 crores this expenditure will be of a non-recurring nature, 4 in addition to the said expenditure of non-recurring expenditure, it is estimated that an expenditure of recurring nature of the order of rs, 528 crores annually will be incurred for operating the waterway and terminals, } 5 the declaration of the proposed stretch of the west coast canal and champakara and udyogmandal canals as national waterway and to provide for the regulation and development of the said canal for purposes of shipping and navigation is not expected to involve any other expenditure of recurring or non-recurring nature

Parliament_bills

c1b0a7ae-3d63-5a6e-8934-88fae76d0b36

bill no xxviii of 2020 the salaries and allowances of ministers (amendment) bill, 2020 a billfurther to amend the salaries and allowances of ministers act, 1952be it enacted by parliament in the seventy-first year of the republic of india as follows:—short title and commencement1 (1) this act may be called the salaries and allowances of ministers (amendment)act, 2020(2) it shall be deemed to have come into force on the 9th april, 20205amendment of section 558 of 19522 in the salaries and allowances of ministers act, 1952, section 5 shall be numbered as sub-section (1) thereof, and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:—"(2) notwithstanding anything contained in sub-section (1), the sumptuary allowance payable to each minister under that sub-section shall be reduced by thirty per cent for a period of one year commencing from the 1st april, 2020, to meet the exigencies arising out of corona virus (covid-19) pandemic"repeal and savingsord 4 of 20203 (1) the salaries and allowances of ministers (amendment) ordinance, 2020 is hereby repealed5 (2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasonsthe salaries and allowances of ministers act, 1952 (58 of 1952) is an act to provide for salaries and allowances of ministers2 india, as the rest of the world, is grappling with corona virus (covid-19) pandemic which has severe health and economic ramifications for the people of the country immediate and expeditious relief as well as emergency assistance measures are being taken to prevent and contain the spread of said pandemic in order to manage and control such situation, it has become necessary to raise resources from different sources, including by reduction in the sumptuary allowances of ministers3 to achieve the said objective, certain amendment is required to be made in the salaries and allowances of ministers act, 1952 as the parliament was not in session and there was immediate need for legislation, the salaries and allowances of ministers (amendment) ordinance, 2020 (ord 4 of 2020) was promulgated on the 9th april, 2020 under clause (1) of article 123 of the constitution4 accordingly, the salaries and allowances of ministers (amendment) bill, 2020 is being introduced in parliament to replace the salaries and allowances of ministers (amendment) ordinance, 2020 the bill propose to amend section 5 of the salaries and allowances of ministers act, 1952 so as to reduce the sumptuary allowance payable to each minister by thirty per cent for a period of one year commencing from the 1st april, 20205 the bill seeks to replace the aforesaid ordinancenew delhi;amit shahthe 29th august, 2020 annexure extract from the salaries and allowances of ministers act, 1952 (58 of 1952) 5 there shall be paid a sumptuary allowance to each minister at the following rates, namely:—sumptuary allowance to ministers| ( | a | ) | the prime minister | rupees three thousand per mensem; ||-----|-----|-----|----------------------|-------------------------------------|(b)every other minister who isrupees two thousand per mensem;a member of the cabinet(c)a minister of staterupees one thousand per mensem;(d)a deputy ministerrupees six hundred per mensem| | | | | ||------|------|------|------|-----|———— a billfurther to amend the salaries and allowances of ministers act, 1952————(shri amit shah, minister of home affairs)mgipmrnd—392rs(s3)—10-09-2020

Parliament_bills

20f14f28-de3e-5e64-9058-addd66284e53

bill no vi of 2007 the jharkhand atomic authority bill, 2007 a billto provide for the establishment of an atomic authority for the purposes of setting up an atomic power plant for generating electricity in the state of jharkhand and for matters connected therewithbe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the jharkhand atomic authority act, 2007(2) it shall come into force with immediate effectshort title and commencement 2 the central government shall establish an authority to be called the jharkhand atomic authority in the state of jharkhandestablishment of jharkhand atomic authority3 (1) the authority shall consist of the following members, namely:—composition of the authority(a) the prime minister of india, who shall be the ex-officio chairman of the authority;(b) the chief minister of the state of jharkhand or in his absence the governor of the state of jharkhand, who shall be the ex-officio vice chairman of the authority;(c) eighteen scientists, nine to be nominated by the central government and nine by the government of jharkhand state in accordance with such procedure as may be prescribed by rules framed under this act; and(d) one member, to be appointed by the central government in consultation with the government of the state of jharkhand, who shall be the director of the authority (2) the terms and conditions of the service of the members referred to in clause (c) and(d) of sub-section (1) shall be such as may be prescribed by rules made under this act(3) subject to such rules as may be made by the central government in this behalf, the authority may, for the purposes of enabling it to perform its functions or exercise its powers efficiently under this act, appoint such officers and other employees, as it may think fit, and determine their functions and conditions of services4 the funds of the authority shall consist of,—funds of the authority(a) contributions, subscriptions and donations made to it by any person; and (b) annual grants made to it by the central government after due appropriation made by parliament in this behalf5 the functions of the authority shall be to,—(a) set up an atomic power plant at an appropriate place in the state of jharkhand;functions of the authority(b) set up atomic power plant for generating electricity to meet the energy needs of the state as well as those states in its neighbourhood whosoever shall intent to obtain supply of surplus electricity energy from the authority;(c) perform such other functions as may be incidental, or conducive to the discharge of its main functions;power to make rules6 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsthere is acute shortage of electricity in the state of jharkhand and several other states in the region resulting in backwardness of the state and the entire region the lowest per capita consumption of electricity registered in the region has been largely attributable to perennial scarcity of electric power at affordable cost supply of quality electricity produced by atomic power plant will not only facilitate development of the region but will also result in lowering of input cost for industries strengthening their competitiveness especially in the international marketselectricity can be produced by harnessing atomic energy and one of the richest areas in the world containing vital raw-material is located in the state of jharkhand which has the richest uranium deposits in spite of that no atomic power plant for producing electricity has been set up in jharkhand so farthis bill seeks to establish an atomic authority in jharkhand to take appropriate steps for setting up of an atomic power plant in jharkhand so that adequate electricity can be made available to meet the growing industrial and domestic consumption in jharkhand it will boost the economy of the state and generate employment opportunitieshence this bills s ahluwalia financial memorandumclause 2 of the bill seeks to establish the jharkhand atomic authority clause 4 provides for grants to be made by the central government for its functioning it is estimated that a sum of rupees one hundred crore will be required from the consolidated fund of india initially to set up the authority a sum of rupees two crores per year will also be required to meet the recurring expenditure memorandum regarding delegated legislationclause 6 of the bill empowers the central government to frame rules for carrying out the purposes of this act the delegation of legislative power is, therefore, of normal character rajya sabha———— abillto provide for the establishment of an atomic authority for the purposes of setting up anatomic power plant for generating electricity in the state of jharkhand and for mattersconnected therewith————(shri ss ahluwalia, mp)mgipmrnd—1217rs(s-5)—16032007

Parliament_bills

fe0ee339-1629-5ad8-9633-e04b72a3fdc4

bill no xxxviii of 2012 the contesting election on government expenses bill, 2012 a billto provide for election expenses to the recognised political parties and their official candidates for contesting elections to lok sabha, legislative assembly and local bodies by the state in order to check increasing use of black money in such elections and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the contesting election on government expensesact, 2012short title and commencement(2) it shall come into force on such date as the central government may, by notification, in the official gazette, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;10(b) "partial election expenses" means the expenses that may be fixed, from timeto time by parliament for providing to the official candidate and the recognise political parties for contesting elections to lok sabha, legislative assembly and local bodies(c) "prescribed" means prescribed by rules made under this act;(d) "recognised political party" means the political party that has been allotted election symbol by the election commission of india;43 of 19515(e) words and expressions used but not defined in this act and defined in the representation of the people act, 1951 shall have the meanings respectively assigned to them in that act 3 (1) the appropriate government shall provide partial election expenses to the recognised political parties and their official candidates in the country for contesting lok sabha, state legislative assembly and local body elections in such manner as may be prescribed10appropriate government to provide election expenses to recognised political parties and their official candidates15(2) notwithstanding anything contained in any other law for the time being in force, the recognised political parties and their official candidates shall be allowed to accept all kinds of donations and contributions from general public, entrepreneurs and corporate housesprovided that such donations, exceeding rupees ten thousand shall be accepted through cheque or draft and the names of the contributors shall have to be disclosed by the political parties on their websiteestablishment of electionfund204 (1) the central government shall, by notification in the official gazette, establish an election fund at national level to provide for partial election expenses to the recognised political parties and their official candidates(2) for the purpose of sub-section (1), parliament shall by due appropriation made by law in this behalf, provide initial capital of rupees five thousand crore to the corpus of election fund25(3) after the election fund so establish, funds shall be provided to the election fund by the central and state governments in such proportion as may be agreed to by them from time to time5 (1) the appropriate government shall provide the election expenses to the recognised political parties if:—setting up of a reulatory mechanism(i) there exists internal democracy within the party; and (ii) the internal set up and the accounts of income and expenditure are maintained in order30(2) the appropriate government shall set up a regulatory mechanism to look into the internal democracy, internal set up and accounts of income and expenditure of political parties in such manner as may be prescribed35(3) the regulatory mechanism so set up shall function as a constituent of the election commission of indiapower to make rules40 456 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act(2) every rule made by the central government, under this act shall be laid, as soon as may be after it is made, before each house of parliament; while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonstoday, increasing use of black money in elections has become the biggest problem being faced by the indian democracy as per the estimate nearly rupees ten thousand crore was spent by the political parties and the official candidates in the lok sabha elections of 2009 this amount is more than the amount spent during the american presidential election held in 2008 a large amount of sum is used in the elections to the state legislatures and local bodies to check the usage of black money in the elections, concerns have been expressed from time to time several committees have also been constituted in this regard but their recommendations could not be implemented the election commission has taken effective steps to check the use of black money but these steps have not proved successful in curbing black money completely the proposal of providing the expenses for the election by the government to the political parties and the candidates can prove to the effective in checking the use of black money almost all the committees related to the electoral reforms have made this recommendationhence this billprabhat jha financial memorandumclause 3 provides the appropriate government to provide election expenses to recognised political parties and their official candidates clause 4 of the bill provides for the establishment of an election fund there is a provision of initial capital of rupees five thousand crore in the election fund this would involve an expenditure from the consolidated fund of india clause 5 of the bill provides for the establishment of a regulatory mechanism an annual recurring expenditure of rupees one hundred crore is likely to be incurred for the management of this mechanism the bill, if enacted, would involve a non-recurring expenditure of rupees fifty crore for the immediate constitution of the regulatory mechanism the recurring and non-recurring expenditure related to constitution and management of the regulatory mechanism will be net from the consolidated fund of india 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 normal characterrajya sabha————— a billto provide for election expenses to the recognised political parties and their official candidates for contesting elections to lok sabha, legislative assembly and local bodies by the state in order to check increasing use of black money in such elections and for matters connected therewith or incidental thereto—————(shri prabhat jha, mp)gmgipmrnd—3933rs(s3)—07-12-2012

Parliament_bills

2831e609-c748-5be4-bf86-2c12cd852a49

bill no xlviii of 2012 the constitution (one hundred seventeenth amendment) bill, 2012 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-third year of the republic of india as follows:—short title and commencement1 (1) this act may be called the constitution (one hundred seventeenth amendment)act, 2012(2) it shall be deemed to have come into force on the 17th day of june, 19955amendment of article 162 in the constitution, in part iii, in article 16, for clause (4a), the following clause shall be substituted, namely:––10 15"(4a) notwithstanding anything contained elsewhere in the constitution, thescheduled castes and the scheduled tribes notified under article 341 and article 342, respectively, shall be deemed to be backward and nothing in this article or in article 335 shall prevent the state from making any provision for reservation in matters of promotions, with consequential seniority, to any class or classes of posts in the services under the state in favour of the scheduled castes and the scheduled tribes to the extent of the percentage of reservation provided to the scheduled castes and the scheduled tribes in the services of the state" statement of objects and reasonsthe scheduled castes and the scheduled tribes have been provided reservation in promotions since 1955 this was discontinued following the judgment in the case of indra sawhney vs union of india, wherein it was held that it is beyond the mandate of article 16(4)of the constitution of india subsequently, the constitution was amended by the constitution (seventy-seventh amendment) act, 1995 and a new clause (4a) was inserted in article 16 to enable the government to provide reservation in promotion in favour of the scheduled castes and the scheduled tribes subsequently, clause (4a) of article 16 was modified by the constitution (eighty-fifth amendment) act, 2001 to provide consequential seniority to the scheduled castes and the scheduled tribes candidates promoted by giving reservationthe validity of the constitutional amendments was challenged before the supreme court the supreme court while deliberating on the issue of validity of constitutional amendments in the case of m nagaraj vs uoi & ors, observed that the concerned state will have to show in each case the existence of the compelling reasons, namely, backwardness, inadequacy of representation and overall administrative efficiency before making provision for reservation in promotionrelying on the judgment of the supreme court in m nagaraj case, the high court of rajasthan and the high court of allahabad have struck down the provisions for reservation in promotion in the services of the state of rajasthan and the state of uttar pradesh, respectively subsequently, the supreme court has upheld the decisions of these high courts striking down provisions for reservation in respective statesit has been observed that there is difficulty in collection of quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment moreover, there is uncertainty on the methodology of this exercisethus, in the wake of the judgment of the supreme court in m nagaraj case, the prospects of promotion of the employees belonging to the scheduled castes and the scheduled tribes are being adversely affecteddemands for carrying out further amendment in the constitution were raised by various quarters a discussion on the issue of reservation in promotion was held in parliament on 3-5-2012 demand for amendment of the constitution in order to provide reservation for the scheduled castes and the scheduled tribes in promotion has been voiced by the members of parliament an all-party meeting to discuss the issue was held on 21-08-2012 there was a general consensus to carry out amendment in the constitution, so as to enable the state to continue the scheme of reservation in promotion for the scheduled castes and the scheduled tribes as it existed since 1995in view of the above, the government has reviewed the position and has decided to move the constitutional amendment to substitute clause (4a) of article 16, with a view to provide impediment-free reservation in promotion to the scheduled castes and the scheduled tribes and to bring certainty and clarity in the matter it is also necessary to give retrospective effect to the proposed clause (4a) of article 16 with effect from the date of coming into force of that clause as originally introduced, that is, from the 17th day of june, 1995new delhi;v narayanasamythe 4th september, 2012 annexure extract from the constitution of india 16 (1) equality of opportunity in matters of public employment(4a) nothing in this article shall prevent the state from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the state in favour of the scheduled castes and the scheduled tribes which, in the opinion of the state, are not adequately represented in the services under the state rajya sabha————abillfurther to amend the constitution of india————(shri v narayanasamy, minister of state for personnel, public grievance and pensions)

Parliament_bills

fa2b65cf-8970-585f-ae70-e40745689906

bill no 327 of 2015 the consumer goods (right to free return) bill, 2015 byshri nishikant dubey, mp a billto provide for consumers the right to free return of consumer goods within a stipulated time and for all matters connected therewith and incidental theretobe it enacted by the parliament in the sixty-sixth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the consumer goods (right to free return) act, 2015short title, extent and commencement(2) it extends to the whole of india(3) it shall be come into force on such date, as the appropriate government may, by notification in the official gazette, appoint, and different dates may be appointed for coming into force of different provisions of this act2 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 all other cases, the central government;510(b) "consumer" means any person who buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the buyer of such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose;(c) "consumer goods" mean products which are purchased for consumption by an average consumer;15(d) "durable goods" mean goods which are consumed and used or disposed after serving its usefulness for a period of time, which is more than two years, like refrigerator, laptops, television sets etc;(e) "manufacturer" have the same meaning as given in section 2(j) of the consumer protection act, 1986;20(f) "retailer" or "retail supplier" means any person who does the sale of goods from individuals or business to the end-user or final consumer and also includes online retail shops; and(g) "semi durable goods" mean those products which are neither perishing nor lasting, like cloths, preserved foods, furniture etc chapter ii procuring receipt and exchange of contract25receipt to act as a guarantee contract3 (1) the appropriate government shall make it mandatory for all retailers to give a receipt for every durable and semi durable consumer goods purchase by the consumers and such receipt of purchase shall act as contract between the retail supplier and the consumer, wherein the production of this receipt shall be a prerequisite for every claim made under the provisions of this act30(2) every receipt given to the consumer shall have consumer guarantees specified on it as under:—(a) that goods are of acceptable quality; (b) that goods will be reasonably fit for use;35(c) that the description of goods is accurate and it would match any sample or demonstration model;(d) that the goods will satisfy any extra promises made about them; and (e) that there is a 'right to free return' of the goods within fifteen days of its purchase chapter iii40 the right to free return4 every consumer shall have the right to return free any semi durable or durable goods purchased within fifteen days of the purchase in such manner as may be prescribed:right to free return valid till fifteen days from purchase45provided that every such return of goods shall be done in their original condition, with no alteration to its size or shape, along with its original packing and the receipt of the purchase5 the appropriate government shall ensure that all retail shops shall,—| ( | a | ) remove all signs that say 'no refund' or 'no replacement' from product ||-------------------------------------------------------------------------------------|-------------------------------------------------------------------------------|----------------------------------------------------------------------------|| covers and the retail shops; and | | || 5 | | || ( | b | ) display a board mentioning the right of consumers for free return of || goods purchased by them | | || removal of | | || no | | || replacement | | || and no refund | | || signs and | | || display of | | || right of | | || consumers | | || 6 | a receipt of the purchase of goods shall be considered as guarantee itself | || and the retail supplier shall not ask for any further payment from the consumer for | | || receiving any guarantees | | || no payable | | || payment for | | || receiving | | || guarantee | | || 10 | | || 7 | if a consumer returns the defective goods to the retailer, the retailer shall | || have the right to claim them against the wholesaler or the manufacturer, from whom | | || he received the goods | | | chapter ivright of retailer to make claim against defective goods grievance redressal mechanism15right of consumers to move to court8 a conumer may in case of redressal of any grievance under this act move to the 'consumer disputes redressal forum' or to the 'state consumer protection council' or to the 'central consumer protection council' established under the consumer protection act, 198668 of 1986law enforcing agency209 the central consumer protection council established under cpa 1986 andthe agencies appointed by it shall be responsible for the enforcement of the provisions and rules made under this actdetails disclosed online for transparency10 the central consumer protection council shall publish on its website this act and rules made thereunder and also the details of complaints received by the authorities in district, state and central level, on different products, under the purview of this act, including details of:—25(a) the products returned; (b) the refund sought; (c) tracking the progress of each complaint with time line for completion;and(d) the complaint resolved30power to remove difficulty11 if any difficulty arises in giving effect to the provisions of this act, theappropriate 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 difficultypower to make rules35 4012 (1) the central government, may by notification in the official gazette, make rules for carrying out the purposes of this act(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe consumer protection act, 1986 is widely considered to be a benevolent social legislation that provides for the protection of consumer rights the fact was amended a number of times, the last being in 2002 the principal act, introduced in 1986 and subsequently amended, established consumer dispute resolution mechanisms and provides to control the trade of spurious goods and services through the authorities established it does not confer on the consumer a positive right which he can enforce himself in the context of increasing influx of imported goods to the country and the new trend of online shopping, it is necessary that the consumers are empowered to refuse a goods that does not satisfy the needs, without approaching forums or courtsthis bill makes it the right of a consumer to return any purchased product within a stipulated time for genuine reasons it seeks to provide the consumer a right to return any purchased durable or semi-durable goods within fifteen days of purchase it also provides that there should be a centralized database on complaints received and resolved by consumer protection councils and forums on goods purchased, so that before buying any product the consumer can make an informed choice to any terms agreed by both parties, retail supplier and consumer the bill seeks to provide additional statutory provisions for the benefit to the consumerthe enforcement of the act would be the responsibility of the authorities established under the consumer protection act 1986 this will ensure that there is no burden on the central or state governments for establishing additional authorities for monitoring and carrying out the purposes of this acthence this billnew delhi;nishikant dubeynovember 13, 2015 memorandum regarding delegated legislationclause 12 of the bill gives power to the central government to make necessary 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 consumers the right to free return of consumer goods within a stipulated time and for all matters connected therewith and incidental thereto————(shri nishikant dubey, mp)gmgipmrnd—2916ls(s3)—08-12-2015

Parliament_bills

e2b3cfeb-c289-5545-905e-862e0548bc49

bill no xxviii of 2013 the homicide on roads and highways (prevention and miscellaneous provisions) bill, 2013 a billto prevent homicide on roads and highways due to rash, negligent and drunken drivingby providing deterrent punishment of life imprisonment to the accused and forproviding timely medical treatment to the victim, provision of well equippedambulances at conspicuous places on roads and highways, compensationto the kin of the deceased and establishment of trauma centres andfor matters connected therewith and incidental theretobe it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the homicide on roads and highways (prevention and miscellaneous provisions) act, 2013short title, extent and commencement(2) it extends to whole of india5(3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state and in other cases the central government;10(b) "prescribed" means prescribed by rules made under this act; (c) "special court" means special courts established for the trial of offencesunder this act under section 4;(d) terms and phrases used but not defined in this act and defined in the indian penal code, 1860 or the code of criminal procedure, 1973 or the motor vehilces act, 1988 or the national highways act, 1956 shall have the meanings respectively assigned to them in those acts45 of 1860 2 of 1974 59 of 1988 48 of 19565penalty3 notwithstanding anything contained in any other law for the time being in forcewhoever,—(a) commits homicide on a road or highway including national highway, as thecase may be, due to his rash or negligent or drunken driving, he shall be punishable with imprisonment for life, which shall mean to remain in jail custody till the end of his life and also with fine which may extend to five lakh rupees;10(b) causes accident on a road or highway including national highway due to hisrash or negligent or drunken driving resulting in grivious hurt or permanent incapacitation of the accident victim of such driving, he shall be punishable with imprisonment which shall not be less than seven years but may extend to ten years and also with fine which may extend to seven lakh rupees;15 20(c) causes accident on a road or highway including national highway with anothervehicle or vehicles, as the case may be, due to his rash or negligent or drunken driving thereby causes hurt or injuries to the accident victim or damages vehicles, he shall be punishable for imprisonment which shall not be less than three years but may extend to five years and also with fine which may extend to two lakh rupees;(d) drives a vehicle under intoxication on a road or highway including nationalhighway or overspeeds the vehicle therein which is likely to cause an accident the vehicle being driven by such a person shall be impounded permanently and he shall also be liable to fine which may extend to fifty thousand rupees; and25(e) where a person committing an offence under clauses (a) to (d) under this actis a minor and it is proved that the vehicle driven by him was given or taken with the consent of any of his parents or guardian, as the case may be, such parent or guardian shall be deemed to be guilty of such offence and punished accordingly 4 (1) the offences under this act shall be tried by special courts30special courts to try offences(2) the appropriate government shall, in consultation with the chief justice of theconcerned high court in the case of a state and the chief justice of india in other cases, by notification in the official gazette, constitute such number of special courts as it may deem necessary for carrying out the purposes of this act(3) the set up of a special court constituted under sub-section (1) of section 4 shallbe such as may be prescribed355 the appropriate government shall,miscellaneous provisions(a) provide timely medical treatment to the victim and the accused, in case he iswounded, in such manner as may be prescribed;40(b) make provisions of well equipped ambulances in such numbers as it maydeem necessary and expedient and station them at conspicuous places on the major roads and highways including national highway so that the ambulance reaches the place of accidents without loss of precious time;(c) establish sufficient number of trauma centres near the periphery of roadsand highways including national highways with such facilities, as may be prescribed to treat the accident victims;45(d) pay compensation of minimum of ten lakh rupees to the next kin of deceasedvictim under this act in such manner as may be prescribed; and(e) remove the existing liquor shops of vendors from highways including national highways and shall not give liquor licence to be set up near the highways in any manner whatsoever2 of 197456 notwithstanding anything contained in the code of criminal procedure, 1973,offences under this act shall be congnizable and non bailableoffences to be cognizable and non bailable7 notwithstanding anything contained in any other law for the time being in force nocourt other than a high court or the supreme court of india shall have the authority to grant anticipatory bail to any person accused of committing an offence under this actbar on granting anticipatory bail1 08 the central government shall, after due appropriation made by parliament by lawin this behalf provide funds, from time to time, for carrying out the purposes of this actcentral government to provide fundsact to have overriding effect1 59 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force dealing with the subject matter of this actpower to make rules10 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsaccording to an official estimate more than nine thousand people on an average lose their lives due to rash, negligent and drunken driving on national highways alone in the country and majority of these deaths are caused by drunken driving lakhs of people are critically wounded leading to their permanent incapacitation and losing their limbs in these accidents majority of the killed ones are innocent people, many of them are sole bread earners of their families these deaths leave behind agonies, miseries and dark future for the members of the families and their children similarly, countless deaths are caused due to same reasons on other highways and roads and more so in urban areas majority of these deaths and serious wounds are caused by the negligence, rash or overspeeding and driving under intoxication and such reckless drivers come from all classes of society they may be rich or in particular neo rich, middle class or coming from the poor sections of the society but one thing is common in them and that is once they consume liquor or other intoxicants, many innocent people are killed while they are driving on the roads and highways many a times such drunkards are also killed in these accidents but their number is very few there is a feeling in our society that the existing law and law enforcing machinery ensures that rich are not affected in any manner after causing the accidents they generally plead the excuse that brakes of their vehicle had failed and clearly hiding the fact that they were drunk while driving the existing laws are not enough deterrent for them under the motor vehicles act,1988 a drunk driver can be fined two thousand rupees or can be jailed for maximum period of six months under the indian penal code to maximum jail term for negligent driving is six months it is very common that the drunk who has killed innocent people gets bail at the police station itself and then he easily jumps the bail alsothough there may be several reasons for the homicides committed on roads and highways but the main reason is there is no fear of law hence, a deterrent law is the need of the hour to reduce homicides on roads and highways along with this, there is need to provide timely medical treatment, ambulance services, trauma centres for treatment of victims, adequate compensation to the kins of those killed and several other provisions in the law itselfhence this billdr akhilesh das gupta financial memorandumclause 4 of the bill provides for the establishment of special courts to try offencesclause 5 provides for giving timely medical treatment to victims, well equipped ambulances, sufficient number of trauma centres, provision of payment of compensation of minimum of ten lakh rupees to the next of kin of the victim etc clause 8 makes it obligatory for the central government to provide funds for carrying out the purposes of this bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is not possible to quantify the amount at this stage, but it is estimated that a sum of rupees fifty thousand crore may involve as recurring expenditure per annuma sum of rupees eighty thousand crore may also involve as non-recurring expenditure from the consolidated fund of india for creating infrastructure memorandum regarding delegated legislationclause 10 of the bill gives power to the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto prevent homicide on roads and highways due to rash, negligent and drunken drivingby providing deterrent punishment of life imprisonment to the accused and forproviding timely medical treatment to the victim, provision of well equippedambulances at conspicuous places on roads and highways, compensationto the kin of the deceased and establishment of trauma centres andfor matters connected therewith and incidental thereto————(dr akhilesh das gupta, mp)gmgipmrnd—1077rs(s4)—11072014

Parliament_bills

6e7c3de4-ff58-56f9-acb6-7fac6d616a74

the agricultural refinance corporation bill: 1962(as indoduciid in lok sabra on sth december, 1962) arrangement of clauses ciiapteri claubu1 short title, extent and commeneement 2 definitions establishment and capital 01' tile agricultural rumaifcil codoaa- tlob3 establishment and inoorporaticm of agricultural reftnance corporation 4 omeas and' agencies ~ share capital and shareholders 6 guarantee by central government 7 shares of corporation to be deemed ~ be mcurim ,for certain purposes 8 register of shareholders chapteltm9 management 10 board of directors 11 term of oftlce and retirement of diredon add 'parma at fee; to' them; 12 disqualifications 13 vacation and resignation of oftiee by dfreetoi'l 14 mafufgiitg ditector 0) 2277 (b) ls-l claus 15 casual vacancies in the oftlee of ma"ipfti direet01' 16 meetings of board 17 committees of corporation 18 member of board or committee then!of not to vote in eertata cases chapter iv funds and busini'ss or tid corporaftoiii'19 central government to make a loan of five croree of nape8-20 borrowings by corporation 21 loans in foreign currency 22 business which the corporation may transact 23 limit of accommodation 24 power to impose conditions for aecommodatiml 25 power to call for repayment before agreed period 26 deposit accounts and investments chapi'er v accounts um at11m'27 preparation of balance-sheet, etc, of corporation 28 disposal of profits 29 special deposit 30 audit 31 general meetings 32 returns chapter vi miscellaneous33 power of central government to give c:tirection • 34 staff of corporation 35 corporation to have access to recorda " 36 act'18af 1891 to apply to books of corporatiod 37 liquidation of corporation 38 indemnity of directors 39 defects in appointment not to invalidate aets, etc 40 protection of action taken wlder the ad clav_ u declaration of fidelity and secrecy "2· provisions relating to income-tax and luper-tax 43 delegation of powers « penalties 45 offences by companies 46 powers of board to make regulations 47 amendment of certain enactments the first schedule-drclaration of p!dblity and hcucy the second schedule-ambndmbnt of cilrtain ilnactmbiii'ts - - '! the agricultural refinance corporation < bill,i962 (as iimioducm in lolt sabha)a bill to provide few the establishmmt of a corporation for granting medium ' and long term c1'edit by way of refinance or otherwise, for 'the ~ - d~t,elopinent of agriculture and for other matters connected there-', with or 'incidental thereto be it enacted by parliament in the thirteenth year of the republic oilildie as follows:-, chapter i preliminary" ~ ~ 5 1 (1) this act may be called the agricultural refinance corpora- 8bon title, tion act 1962 , (2) it extends to the whole of india " " (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint ::;'1 'r (10 z in this act, unless the context otherwise requires,-(a) "agriculture" includes animal husbandry, dairy farming, :: ; ~ture; poultry flimnirig and stock' breeding; ", "" ' ' (b) "board" means the board of directors of the corporation; (c) "central land mortgage bank" means the principal land iis " 1·tnm1gage: bank' in' a state' which is' registered, or deemed to be registered, under the co-operative societies act; 1912 or !tny other law for the time being in force in any state relating to co~l'ative societies and the primary object of which is the providid, of long term finance for agricultural development: provided that in addition to such principal land mortgage bank in a state or where there is no such bank in a state, the ~ state government may, with the previous approvtd of the reserve ~nk, declare anyone or more land mortgage banks registered or deemed to be registered as aforesaid and cajtylng on the business of providing long term finances for agricultunl development in that state to be a central land mortgage bank « 10 banks within the meaning of this definition; (d) "co-operative society" means a society registered', of deemed to be registered, under the co-operative societies act, 1912 or any other law for the time being in force in any state s of iir •• relating to co-operative societies; js (e) "corporation" means the agricultural refinance corporation established under this act; </) "eligible institution" mean~ (i) a central land mortgage bank or a state co-operative bank or a scheduled bank, being in each case a shareholder 20 of the corporation; and (ii) a co-operative society (other than a eentral led mortgage bank or a state co-operative bank) approved by the reserve bank in this behalf; (g) "life insurance corporation" means the life insurance ~s cerporation of india established under section 3 of the life insurance corporation act, 1956; (h) "prescribed" means prescribed by regulations made under this act; (i) "reserve bank" means the reserve bank of india con- 30 stituted under the reserve bank of india act, 1934; s of it, (;) "scheduled bank" means a bank for the time being indues· ed in the second schedule to the reserve bank of india aet, 1834; and (k) "state co-operative bank" has the same meanil1l u iii js the reserve bank of india act, 1934 chapter ii zwrabliskment and capital of the agricultural refinancz corpora tion 3 (1) with effect from such date as the central government may ~!ibmcnt - by notification in the official gazette appoint, there shall be estab- :v:~ lished for the purposes of this act a corporation to be known as the ~~twal agricultural refinance corporation c!~ioa (2) the corporation shall be a body corporate with the name aforesaid, having perpetual succession and" a common seal with power, 10 subject to the provisions of this act, to acquire, hold and dispose of property, and to contract, and may by that name sue and be sued the corporation shall 8tablish its head office in bombay and oe:ad may, with the previous approval of the reserve bank, establish ofbeeb "c i or a"endes in other places in india 15 5 (1) the authorised capital oj the corporation shall be twenty- :=re:!cai five crores of rupees divided into twenty-five thousand fully paid-up bolden shares of ten thousand rupees each of which five thousand shares of the total value of five crores of rupees shall be issued in the first instance, apd the remaining shares may, with the sanction of the (2) of the capital issued in the first instance and before such date as may be notified by the central government in the official gazette in this behalf-~o central government, be issued from time to time by the corporation as and when the corporation may deem fit -, r (a) the reserve bank shall subscribe for two thousand five hundred shares; (b) central land mortgage banks and state co-operative banks may subscribe for one thousand five hundred shares; (c) scheduled banks, the life insurance corporation, insur-30 ance and investment companies and such other classes of financial institutions as may be notified by the central government in the oftlcial gazette in this behalf may subscribe for one thousand _hares (3) the allotment of shares to the institutions mentioned in clauses 35 (b) and (c) of sub-section (2) shall be made by the board in accordance with the regulations made in this behalf: provided that no such institution shall be allotted more than ten per cent of the shares reserved for the class of institutions to which it belongs (4) if any shares referred to in clause (b) and (e) of sub-section (2) remain unauotted, they shall be subscribed for by the reeerve bank: provided that the reserve bank may dispose of the· shares 8ubscribed for by it in pursuance of thi sub-section, to any instimiod"si" mentioned in clauses (b) and (e) of sub-section (2), 80 howey, ' that-(i) the institutions referred to in the said clause (b) shall, not together hold more than one thousand five hundred shbres~ : and the institutions referred to in the said clause (e) ahalino\" '10' together hold more than one thousand shares, and (ii) no institution shall hold more than ten per cent of the shares reserved for the class of institutions to which it belemgs (5) if and when the remaining shares or any part thereof are issued, the reserve bank shall, and the institutions referred to in!s clauses (b) and (c) of sub-section (2) may, subscribe for such' shares in the same proportion as for the first issue and the proviaiodi ofaub-sections (3) and (4), except clause (ii) of the proviso to jub' section (4), shall also apply to such shares (6) shares of the corporation shall not be transferable except- 20 (a) to the institutions specified in clauses (a), (b) and ,(e) of sub-section (2), and (b) in accordance with the regulations made in this behalf guarantee ~ central government 6 shares of the corporation shall be guaranteed by the central goyemmeat as to the i'epayment of the prineipal the 'payment 2s of;a minimum addual dividend at sueh rate a may be 8ud ity, rthe cual govet'ludeftt by ilotificaticm in the official goette at the ti ,of issuijaethe shares sham of corporation to be deemed to be iccuritie for certain purposes 7 not"ithstanding anything contained in the acts hereinafter mentioned in this section, the shares of the corporation shall be 30 deemed to be included among the securities enumerated in section 20 of thelndian trusts act, 1882, and be also deemed to be apprqvld ~ of 18b securities for the ,purposes of the -1nsuraru:e act, 1938 alld the bank- " of 1938 ing companies act, 1949 10 of 194' 8 (1) the cqrporation shall maintain as its head office a register resistor of of the shareholders and shall enter therein the following particulars lhareholdcn so far as they may be available, namely:-s (i) the names and addresses of the shareholders and a statement of the shares held by each shareholder, distinguishing each share by its denotfng number; (ii) the date on which each person is entered as a shareholder; (iii) the date on which any person ceases to be a shareholder; and 10 (iv) such other particulars as may be prescribed (2) notwithstanding anything contained in this act or in any other law for the time being ill force, no notice of any trust, express, implied or constructive, shall be entered on the register maintained under sub-section (1) or be receivable by the corporation is chapl'erm management of the corporation9 (1) the general superintendence, direction and management of ~::aethe affairs and business of the corporation shall vest in a board of 20 directors which may exercise all such powers and do all such act and things as may be exercised or done by the corporation (2) the board in discharging its functions shall act on businesl principles with due regard to public interest 10 the board of directors shall consist of the following, namely: -board of ; djrcctol'l (a) a deputy govemar of the reserve bank nominated by that bank, who shall be the chairman of the board; (b) a director nominated by the reserve bank; (c) three officers of the central government nominated by that government: (d) one director elected in the prescribed manner by such 40 of the central lana mortgage banks as are shareholders of the corporation; (e) one director elected in the prescribed manner by such of the state co-operative banks as are sharehcl<fers of the corporation; (1) one director elected in the prescribed manner by the life insurance corporation, scheduled banks, insurance and in-5 vestment companies and other financial institutions, which are shareholders of the corporation; and (g) a managing director to be appointed by the reserve bank and, except in the case of the first appointment, after consultation with the board: 10 provided that on the first constitution of the bokrd, the directors referred to in clauses (d), (e) and (1) shall be nominated by the central government and the directors 80 nominated shall, for the purposes of this, act, be deemed to be elected directors: 15 provided further that the directors so nominated shall hold office until the conclusion of the first annual general meeting of the corporation term of 11 (1) a nominated director shall hold office during the pleasure ~=::! cit' of the authority nominating him 20 directon and payment of (2) an e~ected director, other than a director deemed to be electfeel to them ed under the first proviso to section 10, shall hold office for four years: provided that an elected director shall continue in office until his successor has been elected and shall also be eligible for il"e-elec- 25 tion but shall not hold office for more than two consecutive terms (3) a casual vacancy in the office of an elected director shan be filled by election and a director so elected shall hold office for the unexpired portion of the term of his predecessor: provided that no casual vacancr occurring within three months 30 of the date of expiry of the normal term of oftlce of an elected director need be filled under this sub-section (4) directors shali be paid such fees and allowances aa may be prescribed for attending the meetings of the board or of any of its committees and for attending to any other work of the corporation: 3s provided that no fees shall be payable to the chairman, managing director or to any other director who is an oftlcer of the govemment or ef the reserve bank lz no person shall be a director who-disqualifi-(a) except in the case of the managing director, is a sala- cations ried official of the corporation; or (b) is, or at any time has been, adjudicated insolvent or has 5 suspended payment of his debts or has compounded with his creditors; or (c) is of unsound mind and stands so declared by a competent court; or' 10 (d) is or has been convicted of any offence which, in the opinion of the central government, involves moral turpitude 13 (1) if a director-vacation and rcsignation gf officc by men- directors (0) becomes subject to any of the disqualifications tioned jn section 12; or (b) is absent without leave of the board from more than is three consecutive meetings thereof, his seat shall thereupon become vacant (2) any director elected under clause (d), or clause (e) or clause <f) of section 10 may resign his office by giving notice thereof in writing to the board and, on such resignation being accepted, shall 20 be deemed to have vacated his office it (1) the managing director ~hall-managinl director (a) be a whole-time officer of the corporation; (b) perform such duties as the board may entrust or delegate to him; 25 (c) hold oftlce for such term not exceeding five years as the reserve bank may at the time of appointment specify and be eligible for re-appointment; and (d) receive such salary and allowances and be governed by such terms and conditions of service as the board, with the previous apprpval of the reserve bank, may determine: provided that the first managing director shall receive such salary and allowances and begovemed by such terms and conditions of service as the reserve bank may determine (2) the reserve bank may at any time, after consultation with the board, remove the managing director from office casual 15 if the managing director is by infirmity or otherwise rendered ~c:anoffiiea ~ incapable of carrying out his duties or is absent on leave or other-:u~ wise, in circumstances not involving the vacation of his appoint- 5 direc:tar ment, the reserve bank may, after consultation with the board, appoint another person to act in his place during his absence meetinl8 of 16 (1) the board shall meet at such times and places and shall baud observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed (0 (2) the chairman, or, if for any reason he is unable to attend any meeting, any other director elected by the directors present at the meeting shallpreside at the meeting of the board (3) all questions which come up before any meeting of the board shall be decided by a majority of votes of the members 15 present and voting, and, in the event of an equality of votes, the chairman or, in his absence, the person presiding, shall have a second or casting vote committeel 17 (1) the board may constitute an executive committee conol corpora silting of such number of directors as may be prescribed ~ tioa (2) the executive committee shall discharge such functions as may be prescribed or may be delegated to it by the board (3) the board may constitute such other committees, whether consisting wholly of directors or wholly of other persqds or partly of directors and partly of other persona as it thinks fit and for such 25 purposes 8s it may decide i (4) a committee constituted under this section shall meet at such times and places and shall observe such rules and procedure in regard to the transaction of business of its meetings as may be· prescl"ibed i 30 (5) the members of a committee (other than the directors ·of the board), shall be paid by the corporation such fees and allowances as may be prescribed for attending its meetings and for attending to any other work of the corporation 18 a director of the board or a member of a committee who has member of any direct or indirect pecuniary interest in any matter coming up board !,r for consideration at a meeting of the board or a committee thereof, ~::r;~ shall, as soon as possible after relevant circumstances have come to to yo~c in 5 his knowledge, disclose the nature of his interest at such meeting and :::n the disclosure shall be recorded in the minutes of the board or the committee, as the case may be, and the director or member shall not take any part in any deliberation or decision of the board or the committee with respect to that matter chapter iv10 funds and business of the corporation19 the central government shall, after due appropriation made central goby parliament by law in this behalf, make to the corporation an vemmcnt to - makea loan idterestfree loan of five crores of rupees, repayable in fifteen equal of five 15 annual instalments commencing on the expiry of a period of fifteen crore8 of years from the date of receipt of the loan: rupecs provided that the central government may, on a request being made to it by the corporation, increase the number of instalments or alter the amount of any instalment or vary the date on which any 20 instalment is payable zoo (1) the corporation may, for the purpose of carrying out its borrowinsl functions under this act, with the previous approval of the central :~~?!~ government-2s (a) issue and sell bonds and debentures carrying interest, which bonds and debentures shall be guaranteed by the central government as to the repayment of principal and payment fd interest at such rates as may be fixed by the central govern ment at the time the bonds or debentures are issued; 30 (b) borrow money from the reserve bank repayable on the expiry of fixed periods not exceeding eighteen months from the date of the making of the loan or advance, against the security of stocks, f1;lnds and securitj~s (other than immov· able property) in which a trustee is authorised to invest trust money by any law for the time being in force in india; 3s (c) borrow money from the central government and from any other authority or organisation or institution approved by that government, on such terms and conditions as may be agreed upon; and i (d) accept from the central government, a state government, a local authority, a central land mortgage bank, a state c()-()perative bank, a scgeduied bank or any person, deposits repayable after the expiry of n vriod nhich sholi not be less than twelve months from the date of the making of the deposit and on such other terms as the corporation may, with the prior approval of the reserve bank, fix s (2) the amount of loan granted by the central government under section 19 and outstanding, together with the amount of bonds and debentures issued under clause (a) of sub-section (1) and outstanding, the amounts borrowed by the corporation and outstanding under clauses (b) and (c) of that sub-section and· the 10 - amount of deposits accepted under clause (d) of that sub-section, shall not at any time in the aggregate exceed twenty times the amount of the paid-up share capital and the reserve fund of the corporation loans foreign currency in 21 (1) notwithstanding anything contained in the foreign ex- is change regulation act, 1947, or in any other law for the time being 7 of 1947· in force relating to foreign exchange, the corporation may, for the purpose of granting loans and advances to eligible institutions, borrow, with the previous consent of the central government, foreign currency from any bank or financial institution in india or else- 20 wherej (2) the central government may guarantee loans taken by the corporation under sub-section (1) as to the repayment of principal and the payment of intere§t thereon and other incidental charges 25 (3) all loans and advances made to eligible institutions out of foreign currency borrowed under sub-section (1) shall be granted in indian currency and shall be repayable by such institutions in indian currency (4) any loss occurring or profit accruing in connection with any 30 borrowing of foreign currency under sub-section (1) for the purpose of granting loans or advances to any eligible institution or its repayment, on account of any fluctuations in the rates 9f exchange shall be reimbursed by, or paid to, the eligible institution bu,iness ft (1) the corporation may provide such financial assistance 35 weohkh the to eligible institutions as it considers necessary for promoting the rporatlon may trbrui-development of agriculture in india and shall notact (a) trans"ct any busine~ except for that pu~e, and (b) grant, except as hereinafter provided, loans and advances otherwise than by way of refinance: (2) no institution other than an eiigible institution shall be entitled to assistance under sub-section (1) 5 (3) subject to- the provisions of sub-sections (1) and (2), the corporation may transact the several kinds of business hereinafter specified, namely:-, (a) the granting of loans and advances by way of refinance to an eligible institution mentioned in sub-clause (i) of clause 10 (1) of section 2, repayable within a period not exceeding twentyfive years from the dates on which they are granted; (b) the granting of loans and advances otherwise than by way of refinance to an eligible institution mentioned in sub-clause (ii) of clause </> of section 2 repayable within a period not ex-is ceeding twenty-five years from the dates un which they are granted; (c) the subscribing to the debentures of any eligible institution repayable within a period not exceeding twenty-five years from the dates on which they are issued: 20 provided that repayment of principal and payment of interest thereon are fully and unconditionally guaranteed by government; (d) the guaranteeing, with the prior approval of the central government and on such terms and conditions as may be 2s agreed upon, of deferred payments in connection with the purchase of capital goods from outside india, (i) due from an eligible institution mentioned in subclause (ii) of clause (i) of section 2; or (ii) due from any other person and guaranteed to the 3') corporation by one of the eligible institutions mentioned in sub-clause (i) of clause (i) of section 2; (e) acting as agent for the central govenunent or a state govemment in the transaction of any business with ail eligible institution in respect of loans and advances granted or to be jl'anted, or debentures subscribed for or to be subscribed for, by such government; and (1) generally, the doing of all such matters and things as may be incidental to or consequential upon the discharge of its functions under this acl 5 (4) no accommodation shall be granted under clauses (a), (b) and, (d) of sub-section (3) to an eligible institution unless it is fully and unconditionally guaranteed as to the repayment of principal and payment of interest by government: provided that no such guarantee shall be required in cases in 10 which an eligible institution makes available other security to the satisfaction of the board: provided further that any sums received by a scheduled bank in repayment or realisation of loans and advances refinanced either wholly or partly by the corporation shall, to the extent of the accom- 15 modation granted by the corporation remaining outstanding, be deemed to have been received by the scheduled bank in trust for the corporation, and shall accordingly be paid by such scheduled bank to the corporation (5) the corporation shall not grant any loan or advance on the 20 security of its own shares, bonds or debentures or for the purpose of providing working capital i (6) the corporation may receive, for the rendering of any of the services mentioned in sub-section (3), such commission or other consideration as may be agreed upon 25 (7) if any question arises whether a transaction undertaken by the corporation is for the purpose of providing finance or refinance for the development of agriculture in india, the matter shall be referred to the reserve bank and the decision of the reserve bank thereupon shall be final 30 limit of accommodation 23 the corporation shall not, without the prior approval in writing of the reserve bank, enter into any transaction under clause (a) or clause (b) or clause (c) of sub-section (3) of section 22 involving an amount exceeding fifty lakhs of rupees power to ~-24 in entering into any transaction under section 22 with an 35 p'0lle c:rnd1-eligible institution, the corporation may impose such conditions as tlonao - accommoda- it may think necessary or expedient for protecting the interests of don the corporation i 25, notwithstanding anyth~ng to the contrary contained in any power to c:ajj agreement, the corporation may, by notice in writing require any for repayel'g'bl ' tit t' h" 'ment before ,lie ins u ion to w lch it has granted any loan or advance to ,reed discharge forthwith in full its liabilities to the corporation: _ period 5 (a) if it appears to the board that false or misleading information in any material particular was given in the application for the loan or advance; or 10 (b) if the eligible institution has failed to comply with any of the terms of its contract with the corporation in the matter of the loan or advance; or (c) if there is a reasonable apprehension that the eligible institution is unable to pay its debts or that proceedings for liquidation may be commenced in respect thereof; or (d) if for any reason it is necessary to do so to protect the is interests of the corporation, 26, all moneys belonging to the corpomtion which may not for depoeit the time being be required by it shall be invested in promissory ::f::'tnotes, stock or securities of the central government and all other iiiicdii moneys shall be deposited with the reserve bank or wi1lh any agency 20 of the reserve bank or, in consultation with the reserve bank, with a state co-operative bank or a scheduled bank, chapter v account and audit ;!! , 27, (1) the balance-sheet and accounts of the corporation shall be pret::ticll 2s prepared and maintained in such form and manner as may be pres- :~t e:::;-of cribed, corpo:'at~ (2) the board shall cause the books and accounts of the cor'!>qration to be balanced and closed as on the thirtieth day of june, each year !iio 28 (l) the corporation shall establish a reserve fund by transfer- dispoealof ~ , ~~ ring such sums as it may deem fit out of its net annual profits before declaring a dividend, (2) after making provision for bad and doubtful debts, depreciation of assets and all other matters whic;h ~re usually provided for by ~~rs, the corporation may out of its net annual profits declare a dividend: ' ; t provided that for so long as the reserve fund is less than the' paidup share capital of the corporation and until there have been repaid to the central government such sums, if any, as that government s may have paid under the guarantee given in pursuance of section 6 or under any guarantee given in pursuance of sub-section (1) of section 20 or sub-section (2) of section 21, the rate of such dividend shall not exceed the rate guaranteed by the central government under section 6 10 = 29 (1) for a period of fifteen accounting years foj)owii;lg the accounting year during which the corporation is established, all cuv,fpends accruing on the shares of the corporation held by the ~enre bank shall, irstead of being paid to that bank, be held by the c'orporation as a special deposit in a separate account and no interest 1$ shall be payable on such deposit (2), on the expiry of the period referred to in sub-~ctiob (1), the corporation shall, if so required by the reserv'e bank, pay to it the said special deposit and in c~se the reserve bank does not require the same to be paid to it, continue the said special deposit on:'such ao temis and on such conditions, including payment of iriterest;' and 'for such period as may be mutually agreed upon between thecorporatlon and the reserve bank (3) no shareholder of the corporation other than the reserve bank shall have any claim to the special deposit referred to in sub- 2, netion (1) milk 30 (1) the affairs of the· corporation shall be audited by an auditor duly qualified to act as auditor under sub-sectio,n (1) of sectiqn ~ of the companies act, 1956, who shall be app~dnted by the i of its' ~~rd with, the previous approval of the reserve' bank and ihall 30 receive such remuneration from the corporation as the bobrd may, with the approval of the reserve bank, fix: provided that tpe first auditor shall be appointed by the reserve bank within one month from the establishment of the corporation on such tenns and conditions as the reserve bank may determine 35 (~) the auditor so appointed shall hold office from the conclusion pja~ annual general meeting of the corporation until the conclusion of the next annual general meeting: : provided tha,t the first auditor shall hold office until the conelueion of the first annual general meeting (3) the awiitor shall be supplied with a copy of the annu"' balance-sheet qf the corporation and it shall be his duty to examine it together with the accounts and vouchers relating thereto and he shll11 have; a list delivered to him of all books kept by the corporation 5 and shall at all reasonable times have access to the books, accountl, vouoben and other documents of the corporation (4) the auditor may, in relation to the accounts of the cot"pol'a- tion, examine any director of the board or any officer or employee of the corporation, and shall be entitled to require from the officers· of 10 the corporation such information and explanation as he may think necessary for the performance of his duties (5) the auditor shall make a report to the corporation upon the annual palance-sheet and accounts examined by him and in every such re~t he shall state whether in his opinion the balance-sheetii 15 a full and fair balance-sheet containing all necessary particulars and p~~rly drawn up so as to exhibit a true and fair view of ~he ist~~~i of affairs of the corporation and in cage he had called for any exp~~'i' nation or information from the board, whether it has been given ali!! whether it is satisfactory :ao (6) without prejudice to anything contained in the preceding sul?:-sections, the central government may at any time ·appoint the comjr, troller and auditor-general of india to examine and report upq~' the accounts of the corporation, and any e~penditure incurred by him in con~tion with such examination and report !lihall be payable 2$' by the corporation to the comptroller and auditor-general of india; 31 (1) a 'general meeting shall be held annually (hereinafter geaeri referred to as the annual general meeting) at a place in india where there is an office of the corporation within three months from the date on which the annual accounts of the corporation are 30 closed, and any other general meeting may be convened by the board at any other time ptovidt!d that the central government may extend the time wt~l\in which 'any annual general meeting shall be held, by a period not exceeding one month 55 (2) the shareholders present at the annual general meeting shall be entitled to discuss the annual accounts, the report of the board on the working of the corporation throughout the year and the auditor', report gin the annual balance-sheet and accounts leturd8~ 32 (1) the corporation shall furnish, from time to time, to the central government and to the reserve batlk such returns as the central government or the reserve bank may require, (2) the corporation shall furnish to the central government and the reserve bank within fifteen days of the conclusion of the an-5 nual general meeting in respect of any year, a copy of its balancesheet as on the close of that year together with a profit and loss account for the year and a report of the working of the corporation during the year, and copies of the said balance-sheet, profit and loss account and report shall be published in the official gazette and 10 shall be laid before each house of parliament chapter vi miscellaneous~o,,~ of 33 in the discharge of its functions under this act, the corporao:ctnment tion shall be guided by such directions in matters of policy involving is ~~ ip~ public interest as the central government may after consulting the treet na reserve b~k give to it in writing, and if any question arises whether the direction relates to a matter of policy involving public interest, the decision of the central government thereon shall be final sta1fof m (1) the corporation may appoint such number of staff as it 20 corporation considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service (2) without prejudice to the provisions of sub-section (1), it shall be lawful for the corporation to utilise, and for the reserve bank 2s to make available the services of, such staft of the reserve bank on s1tch terms and conditions as may be agreed upon between the corporation and the reserve bank col'p<!ration to haft 8cceii to re:orda 35 (1) the corporation shall have free access to all such records of an eligible institution or any person availing of a loan or advance 30 from such eligible institution perusal whereof may appear to the corporation to be necessary in connection with the providing of finance or other assistance to such eligible institution or the refinancing of the loan or advance made to such person by the eligible institution (2) the corporation may require any eligible institution or person 35 referred to in sub-section (1) to furnish to it copies of any of the records referred to in that sub-section and the eligible institution or the person, as the case may be, shall be bound to comply with such requishfon 38 the corporation shall be deemed to be a bank for the pur- act 18 of poses of the bankers' books evidence act, 1891 1891 to apply to books of corporation 37 no provision of law relating to the winding up of companies li uidation or corporations shall apply to the corporation, and the corporation o~ ~rpora-5 shall not be placed in liquidation save by order of the central gov- tlon emment and in such manner as it may direct 38 (1) every director shall be indemnified by the corporation indemnity against all losses and expenses incurred by him in, or in relation to, of directors the discharge of his duties, except such as are caused by his own wil-10 ful act or default (2) a director shall not be responsible for any other director or for any officer or other employee of the corporation or for any loss or expenses resulting to the corporation from the insufficiency or deficiency of value of, or title to, any property or security acquired is or taken on behalf of the corporation or the insolvency or wrongful act of any debtor or any person under obligation to the corporation or anything done in good faith in the execution of the duties of his office in relation thereto 31 (1) no act or proceeding of the board or of any committee of dcf~ in 20 the corporation shall be questioned on the ground merely of the :~~~~::'l existence of any vacancy in, or defect in the constitution of, the board udate actr, or committee or on the ground of any director or member of any etc committee having acted or taken part in any proceeding in contravention of section 18, 25 (2) no act done by any person acting in good faith as a director of the board or as a member of a committee of the corporation shall be deemed to be invalid merely on the ground that he was disqualified to be a director or that there was any other defect in his appointment 40 no suit or other legal proceeding shall lie against the corpora- protection 30 tion or any director or any officer of the corporation or any other per- ~~e~~~er son authorised by the corporation to discharge any functions under the act this act for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act 35 41 every director, auditor, officer, or other employee of the cor- declara~it't1 f h r b k h of fidehty poration or any employee o t e eserve an, w ose serylces are and secrecy utilised by the corporation under sub-section (2) of section 34, shall, before entering upon his duties, make a declaration of fidelity md secrecy in the form set out in the first schedule to this act 42 any sum paid by the central government under the ·luarad-tee given in pursuance of section 6 or, under any guarantee given in pursuance of sub-section (1) of section 20 or sub-section (2) of section 21 shall not be treated as the income, profits and rains of the corporation, and any interest paid by the corporation on deben- s tures or bonds or on foreign currency borrowed ·under sub-section (1) of section 21 out of such sum shall not be treated for the purpose of income-tax or super-tax as expenditure incurred by it: provided that in the case of any shareholder sucla portion of - dividend as has been paid out of any such sum advanced by the 10 central government shall be deemed to be his ·income from interest on securities declared to be income-tax free within the meaaidg of clause (i) of section 86 of the income tax act, 1961 430h96l delegation of powe·s 43 the board may, by general or special order, delegate to any committee of the board or to the chairman or managing director or 15 any other officer of the corporation, subject to such conditions and limitations, if any, as may be specified in the order, sucjl of its powers and duties under this act as it may deem necessary penalties 44 (1) whoever in any return, balance-sheet, or other document or in any information required or furnished by or under or for the 20 purposes of any provision of this act, wilfully makes a statement which is false in any material particular, knowing it to be false, or wilfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine 25 (2) if any person fails to produce any book, account or other document, or to furnish any statement or information which, under the provisions of this act, it is his duty to produce or furnish, he shall be punishable with a fine which may extend to two thousand rupees in respect of each offence and in the case of a continuing failure, with 30 an additional fine which may extend to one hundred rupees for every day during which the failure continues after conviction for the first such failure offences by companies 45 (1) where an offence has been committed by a company, every person who, at the time the offence was committed, was·in 'charge of, 135 and was responsible to the company for the conduct of the ·business of the company, as well as the company, shall be deemed to beguilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render 40 any such person liable to any punishment provided in this act, if h1! proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where 5 an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any -director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to 10 be guilty of that offence and shall be liable to be proceeded agains\ and punished accordingly explanation-for the purposes of this section-(a) "company" means any body corporate and includes a firm or othw association of individuals; and is (b) "director", in relation to a firm, means a partner in the firm 46 (1) the board may, with the previous approval of the reserve powcn of bank, make regulations not inconsistent with this act to provide for =d ~~gu_ all matters for which provision is necessary or expedient for the pur- ltions zo pose of giving effect to the provisions of this act (2) in particular and without prejudice to the generality of the foreioing power, such regulations may provid~ for-(a) the manner in which and the conditions subject to which the first allotment of shares of the corporation shall be made; 25 (b) the manner in which and the conditions subject to which the shares of the corporation may be held and transferred, and generally all 'matters relating to the rights and duties of the shareholders; (c) the holding and conduct of elections under this act, 30 including the final decision on doubts or disputes regarding the validity of elections; (d) the manner in which general meetings shell be convened, the procedure to be followed thereat and the manner in which voting rights may be exercised; (e) the fees or allowances that may be paid to the direc~ors; (f) the times and places of the meetings of the board or of any committee constituted under this act and the procedure to be followed at such meetings including the quorum necessary for the transaction of business; (g) the number of directors constituting the executive committee, end the functions that such committee shall discharge; (h) the functions which any other committee may discharge 5 under this act; (i) the fees and allowances that may be paid to the members of a committee other than directors; (;) the manner and terms of issue and redemption of bonds and debentures by the corporation; 10 (k) the conditions which the corporation may impose in granting loans wld advances; (i) the manner and conditions subject to which the corporation may borrow in foreign currency; (m) the form and manner in which the balance-sheet and 15 the accounts of the corporation shall be prepared or maintained; (n) the forms of returns and statements required under this act; (0) the duties and conduct, salaries, allowances and conditions of service of officers and other employees; 20 (p) the establishment and maintenance of provident or other benefit funds for" employees of the corporation; and (q) generally, the efficient conduct of the affairs of the corporation (3) any regulation which may be made by the board under this 25 act may be made by the reserve bank within" three months of the establishment of the corpomtion; and any regulation so made may be altered or rescinded by the board in the exercise of its powers under this act (4) no regulations made under this act shall have effect until 30 they are published in the official gazette " (5) all regulations made under this act shall be placed before each house of parliament amcnd~cnt 47 the enactments specified in the second schedule to this act ~ta shall be emended in the manner provided therein 35 (see section 41) decl4ration of fidelity 4nd secrecyi do hereby declare that i will faithfully, truly and to the best 5 of my akill and ability execute and perform the duties required of me as director, auditor, officer or other employee (as the case may be) of the agricultural refinance corporation and which properly relate to the oftice or position held by me in the said corporation i further declare that i will not communicate or allow to be com-10 municated to any person not legally entitled thereto any infonnation relating to the aftairs of the agricultural refinance corporation or to the affairs of any person having any dealing with the said corporation; nor wul i allow any such person to inspect or have access to any books or documents belonging to or in the possession of the 15 agricultural refinance corporation and relating to the business of the said corporation or the business of any person having any dealing with the said corporation -(signature) sigfted before me the second schedule (see section 47)a meftdmentl of oert4i" enactment part i ajmmments to 'ftdl ri:savi: bank or india ar:r, 1934 (2 of 1934:) amendmentl1 in aect10n 2, for clause (4), substitute the f01low1ng clauset, umely:-'(4) "agricultural reftnanee corporation" means the agri-cultural refinance corporation establlshed under section 3 - af 30 the agricultural rlaflnanee coj1)oration aot, i9&!; - (cia) "the bank" means the reserve bank of india constituted by this act;' 2 in section 17,-(4) after clause (4d), insert the following clause, namely:-"(4e) the making to the agricultural refinance cor- s poration of loans and advances repayable on the expiry of tbfed periods not exceeding eighteen months from the date of the making of the loan or advance, against the security of stocks, funds and securities· (other than immovable· property) in which a trustee is authorised to invest trust money 10 "by any law for the time being in force in india"; (b) in clause (sa), after the words "the capital of", inaert the words "the agricultural refinance corporation," pailt n ~ to the indu8'l'itial dlaru lis act, lm7 (14 01" 1947) is in section 2, in sub-elause (i) of clause (a) after the words ''to any industrial dispute concerning" insert the words ''the agricultural refinance corporation established under section 3 of the agricultural refinance corporation act, 1962, or" statliment of obiocts and reasonsthe question of establishing an independent statutory corporation for facilitating the provision of term credit for agricultural development has been under consideration for some time the new institution is intended to assist projects which cannot ordinarily be financed by·estabushed agencies suebas the apex co-operative and land mortgage banks, either because the amounts involved in each individual scheme or project are very large or because the period for which credit is necessary is relatively long the new corporation will be predeminantly a refinancing agency, providing the necessary resources for· these purposes to other· primary lenders 2 it has been considered desirable, in view of the important role whieh the·new corporation is expected to play in promoting'the developmeat of agriculture and other allied activities, that its duties, rights and obligations should be prescribed clearly by law: the bill is intended to gcve effect to the arrangements which have been proposed in connection with the establishment of the corporation the notes on clauses explain in detail the various provisions of the bill nbwdelm; morarji desai tha'2ge~ november, 1962 clause 2 defines the words and expressions used in the bill agriculture, in accordance with the deftni1ion for the purposes of the bill will include animal husbandry, dairy farming, pisciculture, poultry farming and stock breeding eligible institutions will normally be the state co-operative and the state land mortgage banks and they will be entitled to the facility of refinance in respect of" loans or advances made by thenl, but it will be open to the corporation, with the approval of the reserve bank, to treat any co-operative society as an eligible institution for the purpose of granting loans or advances directly to it clauses 3 and 4 provide for the establjsbment of the corporation, the location of its head office at bombay, and the other offices or agencies of the corporation clauses 5 to 7 provide fer the capital structure, the allotment of shares and the ownership of the corporation the authoriied capital will be ri 25 crores a sum of ri 5 crores out of the corporation's authorised capital will be issued and paid-up in the first instance fifty per cent of the capital thus issued and paid-up will be allotted to the reserve bank an amount not exceeding thirty per cent may be allotted, on application, to state co-operative and land mortgage banks, while an amount not exceeding twenty per cent may be allotted to scheduled banks, the life insurance corporation, insurance and investment companies and other financial institutions shares which are not taken up within the respective categories, by the institutions for which they are intended will be allotted to the reserve bank in addition to its normal fifty per cent share, but such shares, acquired in excess of its statutory minimum holdings, may be transferred by the reserve bank at a later stage to the institutions which are eligible to_, or to become, shareholders of the corporation, within the quotas earmarked for each category, so long as the effect of such transfers is not to increase the holding of any individual institution beyond ten per cent of the total value of the shares intended for the category to which it beloags any issue of capital, after the initial amount of rs 5 crares hu been allotted and paid-up, will be offered in the proportions in which the initial issue was intended to be allotted, but the ceiling for shareholding by any individual institution will not be enforced at th!a 81l 18 clat&beb 6 and '1 provide for the shares of the corporation being guaranteed by the central government as to the repayment of the principal and the payment of dividends at a rate to be determined by the central government clause 7 provides that the shares of the corporation shall be deemed to be trustee securities or approved securities for the purposes of the trusts act, the banking companies act and the insurance act clause 8 provides for a register of shareholders to be maintained by the corporation and also makes it clear that notices of trusts in respect of the shares shall not be receivable by, or bind, the corporation clauses 9 to 15 provide for the board of directors of the corporation the corporation will have nine directors with a deputy governor of the reserve bank as the chairman three nominees of the central government, one nominee of the reserve bank, one elected director each representing the state co-operative banks, the state land mortgage banks, 6lld all the other financial institutions which are shareholders, will be ordinary directors a managing director will be appointed with the approval of the reserve bank the provisions regarding the terms of office and qualifications for appointment as directors are based generally on the corresponding provisions relating to the state-associated banks and the deposit insurance corporation clauses 16 to 18 provide for meetings of the board of directors and its committees, subject to the regulations which are to be made for the purpose it has been provided that interested directors shall not participate at these meetings clause 19 provides for the grant of an interest-free loan of rs 5 crores to the corporation for a period of fifteen years it is intended that the investment income on this amount should be available to the corporation for enabling it to meet its expenses durins this period clause 20 provides for the borrowing of money by the corporation (8) by the issue of bonds or debentures, (b) from the reserve bank against trustee securities for periods not exceeding eighteen months and (c) from the central government or other institutions approved by the government and for the acceptance of deposits from the public for fixed periods of twelve months or more the total amowlt baitowed under clauses 19 and 20 is not to exceed twenty times the paid-up capital and reservea clawe 21 provides for the borrowing of money !n foteiijl cur rency by the c01'p9ration against the guarantee of the ceatral government clause 22 provides that the corporation shall grant assistance to eligible institutions only for the purpose of promoting agricultural development the assistance provided by the corporation will normally be in the form of refinance against loans or advances granted by the state co-operative, state land mortgage and scheduled banks for periods not exceeding twenty-five years or in the form of subscriptions to the debentures of land mortgage banks for similar periods, dut in certain exceptional cases, direct assistance to co-operative societies recognised by the corporation for this purpose with the approval of the reserve bank may also be granted the· amounts due to the corporation from institutions which are assisted by it will be guaranteed by the state governments ~deerned czauh 23 restricts the amount of the assistance granted by the corporation in connection with any individual transaction to bs 50 lakhs cl4vres 24 and 2s provide for the grant of powers to the corporation to impose suitable conditions in regard to its loads or to call up' its loans before the due dates, if it is considered necessary or expedient to do so clause 26 provides for the investment of the surplus funds of the corporation in securities of the central government and for the other funds with the reserve bank or with co-openltive or scheduled banks approved by the reserve bank clauses 27 and 28--clause 27 provides for the preparation of ballfulce-sheets as at the end of the co-operative year, ie at the end of june and clause 28 provides for the grant of a dividend from ·out of the surplus profits of the corporation and for the restriction: of the rate of this dividend while any amount remains due to be paid to the central government on account of its guarantee clause 29 provides for the dividends accruing to tae reserve bank during a period of fifteen years to be deposited free of interest with 'the corporation and for the continuance or return of the deposit after that period the intentfon is to permit the grant of ways and meant··assistance to the corporation and to enable it to utilise for its own purposes the 'investn1ent income on account of the&ef\idda clauses 30 to 32 make the usual provisions regarding audit, including a special audit by the comptroller and auditor-genenl in case this becomes necessary the holding of a general meeting and the submission of the accounts and the annual report to the central government and parliament claule 33 enables the central government to give directions to the corporation in regard to matters of policy involving the public interest clauses 34 to· 36 am 38 to 40 provide for the recruitment of staft, 8efts8 to records essential for the corporation's purposes, the grant to the corporation of the facllities available under the bankers' books evidence act, the indemnity c)f directors, and the protection or ¥udation of action taken by the corporation c'l4use 37 provides that the corporation cannot be taken into liquidation except in accordance with the orders of the central government cla:use 41 and the first schedule provide for declarations of fidelity and secrecy on the part of the directors and employees clause42 makes it clear that any amount received by the corporation from the central government in pursuance of the central government's guarantee shall not be treated as income, profits or gains of the corporation for the purposes of income-tax or super-tax cla:uses 43 to 45 provide for the delegation of powers by the board of directors of the corporation and for penalties in respect of offenees, including offences by companies clawe 46 provides for regulations to be made by the board of directors of the corporation in order to carry out the purposes of the act clause 47 and the secemd schedule provide for consequential amendments of the reserve bank of india act, 1934, and for an amendment of the industrial disputes act, 1947 in order to make it clear that the appropriate government in relation to any industrial dispute involving the corporation will be the central government clause 6 of the bill provides that the shares of tire proposed corporation shall be guaranteed by the central government as to the repayment of principal and the payment of a minimum annual dividend at such rate as may be fixed by the central government clause 19 provides that the central government may after due appropriation by law grant an interest-free loan to the corporation of a sum not exceeding rs 5 crores sub-clause (1) (a) of clause 20 provides that the bonds and debentures issued by the corporation shall be guaranteed by the central government sub-clause 1 (e) of that clause provides for the grant of further loans, if necessary, by the central government to the corporation and sub-clause (2) of clause 21 provides that the central government may in addition guarantee loans in foreign currency obtained by the corporation from any financial institution clause 42 makes it clear that any sums which may have to be advanced to the corporation by the central government for ensuring the repayment of any principal or dividend guaranteed by the government will not attract income-tax 2 while provision will have to be made in pursuance of clause 19 for the grant of an interest-free loan of rs 5 crores to the corporation by the central government, it is not clear at this stage whether any further loans will be necessary or whether any payments will be necessary c?n account of any guarantees by that government - annexure extracts from the reserve bank of india act, 1934 (2 of 1934) - • - •2 in this act, unless there is enything repugnant in the subject definition, or context,-(a) "the bank" means the reserve bank of india constituted by this act; - - - - 17 - - - - business which the bank may tfansact (8a) the purchase an~ sale of shares in, or the capital of the deposit insurance corporation, the state bank or any other bank or financial institution notified by the central government in this behalf; - - - - extract from the industrial disputes act, 1947(14 of 1947) - - - - 2 in this act, unless there is anything repugnant in the subject definitiens or context,-(a) "appropriate government" mean&-(i) in relation to any industrial dispute concerning the deposit insurance corporation established under section 3 of the deposit insurance corporation act, 1961, or any industry carried on by or under the authority of the central government or by a nillway company or concerning any such controlled industry as may be specified in this belialf 2277 (b) ls-5 by the central government or in relation to an industrial dispute concerning a banking or an insurance company, a mine, an oil-field, or a major port, the central government, and (ii) in relation to any other industrial dispute, the state government; - - - - a billto provide for the establishment of a corporation for granting medium and long term credit by way of refinance or otherwise, for the development of agriculture and for other matters connected therewith or incidental thereto the president has, in pursuance of clauses (1) and (3) of article 117 and clause (1) of article 274 of the constitution of india, recommended to lok sabha, the introduction and consideration of the bill m n kaul, secretary (shri morarji desai, minister of finance)

Parliament_bills

74e2f1b5-864a-5f7f-ad62-fcd95c04223c

bill no 157 of 2015 the religious institutions (prevention of misuse) amendment bill, 2015 by shri dushyant chautala, mp a billto amend the religious institutions (prevention of misuse) act, 1988 be it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the religious institutions (prevention of misuse)amendment act, 2015short title and commencement41 of 1988amendment of section 22 in section 2 of the religious institutions (prevention of misuse) act, 1988(hereinafter referred to as the principal act), after clause (f), the following clause shall be inserted, namely:—5"(g) 'spiritual leader' means a person, who preaches, promotes or propagates any religion, faith or belief or chants the prayers or performs religious duties or ceremonies at religious place"amendment of section 33 in section 3 of the principal act, after the word "manager" the words, "manager or spiritual leader" shall be substituted4 after section 3 of the principal act, the following section shall be inserted, namely:—10insertion ofnew section3a"3a no religious institution or manager or spiritual leader thereof shall issueany direction or appeal to any person or group of persons to vote or refrain from voting in any election in favour of any political party or any individual contesting that election"5 for section 7 of the principal act, the following section shall be substituted, namely:—substitution of new sectionfor section 7 penalties15 20"7 where any religious institution or manager or spiritual leader thereof contravenes the provisions of section 3, section 3a, section 4, section 5 or section 6, the manager, the spiritual leader and every person connected with such contravention shall be punishable with imprisonment for a term which may extend to seven years and with fine, which shall not be less than rupees one lakh but may extend upto ten lakh rupees"amendment of section 86 in section 8 of the principal act, in sub-section (1), (2) and (3), for the word"manager", wherever it occurs, the word, "manager or spiritual leader" shall be substituted25"(2a) when any spiritual leader of a religious institution is accused of an offence under this act and a charge-sheet for prosecution of such person is filed in any court and the court is of the opinion, after considering the charge-sheet and after hearing the prosecution and the accused, that a prima facie case exists, it shall pass an order or direction restraining such person from any function of such religious institution in all respect, pending trial" statement of objects and reasonsit is proposed to amend the religious institutions (prevention of misuse) act, 1988with a view to restraining such institutions to act at the behest of political parties; preventing criminalization of religious institutions and preventing religious institutions to affect the mandate in elections particularly by issuing directions to its followers to cast or not to cast vote in favour of a particular political party or person it is also proposed to enhance the punishment for ensuring that the religious institutions do not indulge into criminal or political activitieshence this billnew delhi;dushyant chautalaapril 16, 2015 annexure extract from the religious institutions (prevention of misuse) act, 1988 (41 of 1988)| | | | | | ||------|------|------|------|------|-----|definitions2 in this act, unless the context otherwise requires,—| ( | a | ) | | | | | ||-----|-----|--------|------|------|------|------|-----|| ( | b | ) | | | | | || ( | c | ) | | | | | || ( | d | ) | | | | | || ( | e | ) | | | | | |(f) "religious institution" means an institution for the promotion of any religion or persuasion, and includes any place or premises used as a place of public religious worship, by whatever name or designation known| | | | | | ||------|------|------|------|------|-----|3 no religious institution or manager thereof shall use or allow the use of any premises belonging to, or under the control of, the institution—(a) for the promotion or propagation of any political activityprohibition of use of religious institutions for certain purposes| | | | | | ||------|------|------|------|------|-----|penalties7 where any religious institution or manager thereof contravenes the provisions of section 3, section 4, section 5 or section 6, the manager and every person connected with such contravention shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to ten thousand rupees| | | | | | ||------|------|------|------|------|-----|disqualification of persons convicted or chargesheeted under this act8 (1) any manager or other employee of a religious institution shall, upon conviction for an offence under this act, stand removed from his office or post and shall, notwithstanding anything to the contrary contained in any other law, be disqualified for appointment in any religious institution as manager or in any other capacity for a period of six years from the date of his conviction(2) where any manager or other employee of a religious institution is accused of an offence under this act and a charge-sheet for the prosecution of such person is filed in any court and the court is of the opinion, after considering the charge-sheet and after hearing the prosecution and the accused, that a prima facie case exists, it shall pass an order or direction restraining the person from exercising the powers or discharging the duties of his office or post pending trial(3) where any manager or other employee has been removed under sub-section (1), or restrained under sub-section (2), the vacancy arising out of such removal or restraint may be filled in the manner provided in the law applicable to the said religious institution ——— a billto amend the religious institutions (prevention of misuse) act, 1988————(shri dushyant chautala, mp)gmgipmrnd—1269ls(s3)—14072015

Parliament_bills

5aa5aa9a-4e06-5150-98e7-1d63bf62bf61

idk sabha corri genna to thk constitution (idrty-:fourth ameniment) bill, 1977 lto be/as introduced in wk sabha 71 page 1, line 8,-after "article 32" inse;rt ''of the constitution" 2 page 2, line 19,-after "article 2~ ii insert "of ·the constitution ll nrw delhi; december ~ 1977 agrahayana23, 1899 (saka) blil no 148 of tl71 ),$ thp; constitution (forty -fourth amendment) bill, 1977 a billfuf'tmf' to amend the constitution of india be it enacted by parliament in the twenty-eighth year of the republic of india as follows:-1 this act may be called the constitution ment) act, 1977 (forty-fourth amend-short title 5 2 article 31d of the constitution shall be omitted omission of article 3id 3 (1) article 32a of the constitution shall be omitted omission of article 32a· (2) any proceedings pending before the supreme court under article 32 immediately before the commencement of this act may be dealt with by the supreme court as if the said article 32a had been 10 omitted with effect on and from the 1st day ()of february, 1977 4 (1) article 13la of the constitution shall be omitted omission of article lila (2) notwithstanding anything contained in sub-section (1), where immediately before the commencement of this act any reference made by a high court under the said article 13la is pending before the supreme is court, the supreme court may, having regard to-(a) the stage at which the reference is so pending; and (b) the ends of justice, either deal with the case as if that article had not been omitted or return the case to the high court for disposal as if that article had been omitted with effect on and from the 1st day of february, 1977 5 5 (1) article 144a of the constitution shall be omitted omission of article 144a (2) any case pending before the supreme court immediately before the commencement of this act may be dealt with by the supreme court as if the said article 144a had been omitted with effect on and from th~ 1st day of february, 1977 t in article 145 of the constitution,-amendment of article 145 (a) in cilause (1), in sub-clause (ee) , for the words, figures and letters "articles isla and 139a", the word, figures and letter uarticle 139a" shall be substituted; is (b) in clause (2), the words, figures and letter "article 144a anr\ of" shall be omitted; (e) in clause (3), the words, figures and letter "subject to the provisions ot article 144a," shall be omitted if (1) article 22sa" ot the constitution shall be omitted omlaion of artlele 2ha (i) nty proeeedtnp pending before a high court udder 'artiele 228 immediately before the commencement ot this act may be dealt with 20 by the high court as it the said article 228a had been omitted with ,, effect on and from the 1st day of february, 1977 8 in article 228 of the constitution, in the opening portion, the words, figures and letter ", subject to the provisions of article l31a," shall be omitted amendment of article 228 8 (1) article 228a of the constitution shall be omitted omission of article 228a (2) any case pending before a high court immediately before the commencement of this act may be dealt with by the high court as if the said article 228a had been omitted with effect on and from the 1st day of february, 1977 30 10 in article 366 of the constitution, chluse (4a) and clause (26a) shall be omitted ' ' , ameadment of article 360 the constitution (forty-second amendment) act, 1976, inserted various articles in the collstllution to curtail, both directly and indirectly, the jurisdiction of 'the supreme court and the high courts to l'eview the constitutionality of laws article 32a barred the supreme court 1rom considering the constitutional validity of any state law in proceedings for the enforcement of fundatnental rights unless the constitutional validity of any central law was also in issue in such proceedings article 13la gave to the supreme court exclusive jurisdiction to decide the constitutional validity vf a central law and thus deprived the high courts of their jurisdiction in respect of the same article· 144a pro~ vided thai the minimum number of judges of the supreme court who shall "siij2r the purpose of determining the constitutional validity of any centra?'1uw or state law shall be seven and required a special majority of two-thirds for the invalidation of such law article 226a barred the high courts from deciding the validity of any central law and article 228a required that there should be a :bench of at least ft'\l'e judges for determining the constitutional validity of any state law and prescribed a special majority for a judgment invalidatin'g such a law 2, it is considered that articles 32a, 131a and 22'8a cause hardship to persons living in distant parts in india further, article 32a would lead to multiplicity of proceedings as cases relating to the validity of a state law which could be disposed of by the supreme court itself have to be heard first by the high court the minimum number of judges in every case wherein the constitutional validity of a law is involved, iljwever unsubstantial the challenge might be, results in valuable judicial time being lost in hearing and rejecting /submissions that have no substance" the supreme court has, in mis misrilal jain vs the state of oris!:a and others (air 1977 sc 1686) expressed the hope that articie 144a would engage the prompt attention of parliament and would be amended so as to leave to the court itself the duty to decine how large a bench should decide any particular case in fact, a number of "cases have been held up in the supreme court and high courts as a result of the aforementioned articles 3, it is, therefore, prop:lsed to omit articles 32a, 131a, 144a, 226a and '228a it is also proposed to make special provisions to enable the supreme court and the high courts to deal with pending eases in the s:tme manner as if the said articles had been omitted with effect from the 1st february, 1977 (viz, the date on which those articles were brought into force) necessary consequential amendments to articles 145, 228 and 386 are also proposed to be made 4 article 31d confers special power on parliament to enact certam laws in respect of anti-national activities it is considered that these powers of parliament to make laws for dealing with anti-national activities and anti~national associations are ctf a sweeping nature and are capable of abuse it is, therefore proposed to omit article sid 5 the bill seeks to achieve the above objects new l1tthl; shant! b'ftushan the 12th december 1977 - - - - - 31d (1) notwithstanding anything contained in article 13, no law 'providing for-(e) the prevention or prohibition of anti-national activities; or savin·got laws in respect of anti-national activities (b) the prevention of formation of, or the prohibition of, antinational associations, - shall be deemef\ to be void on the ground that it is inconsistent with, or takes away or abridges any of the i'ights conferred by, article 14, article 19 or article 31 (2) notwithstanding anything in this constitution, padiament shall have, and the legislature of a state shall not have, power to make laws with respect to any of the matters referred to in sub-clause (a) or subclause (b) of clause (1) (3) any law with respect to any matter ll'eferred to in sub-clause (0) or sub-clause (b) of clause (1) which is in force immediately before the commencement of section 5 of the constitution (forty-second amendment) act, 1976, shall continue in force until altered or repealed! or amended by parliament (4) in this article,-(0) "association" means an association of persons; (b) uanti-national activity", in relation to an individual or asso-ciation, means any action taken by such individual or association-(i) which is intended, or which supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of india or the secession of a part of the territory of india or which incites any individual or association to bring about such cession or secession i (ii) which disclaims, questions, threatens, t\isrupts or is intended to threaten or disrupt the sovereignty and integrity of india or the security of the state or the unity of the nation; (iii) which is intender\, or which is part of a scheme which is intended, to overthrow by force the government as by law estab~; (iv) which is intended, or which is part of a scheme whfch is intended, to create internal disturbance or the disruption of pub1tc services; (v) which is intended, or which is part of a scheme hith is mtendetl, to threaten or disrupt harmony between different religious, racial, language or regional 'groups or castes or communities; (c) "anti-national association" means an associatiori-(i) which has for its object any anti-national activity; (ii) which encourages or aids persons to undertake or engage in any anti-national activity; (iii) the members whereof undertake or engage in any antinational activity - 3za notwithstanding anything in article 32, the supreme court shall not consider the constitutional validity of any state law in any proceedings under that article unless the constitutional validity of any central law is also in issue in such proceedings constitu_ tional validityof state lavs not to be considered in proreedints under article 82 - 13la (1) notwithstanding anything contained in any other provision of this constitution, the supreme court shall, to the exclusion of any other court, have jurisrtiction to determine all questions relating to the constitutional validity of any central :law (2) where a high court is satisfted-(ii) that a case pending before it or before a court subordinate to it involves questions as to the constitutional validity of any central law or, as the case may be, of both central and state laws; and exclusive jurisdic_ tion of the supreme court in regard to questions as toconatitutional vaudityof central laws (b) that the determination of such questions is necessary for the disposal 01 the case, the high court shall refer the questions for the decision of the supreme court (3) without prejudice to the provisions of clause (2), where, on an appucation made by the attomey-general of india, the supreme court is sattsfled,-(ii) that a case pending before a high court or before a court subordinate to a high court involves questions as to the constitutional validity of any central law or, as the case may be, of both central and state laws; and (b) that the determination of such questions is necessary for the disposal of the case, the supreme court may require the high court to il'efer the questions to it for it~ decision (4) when a reference is made under clause (2) or clause (3), the higb court shall stay all proceedings in respect of the case until the supreme court decides the questions so il'eferred (5) the supreme court shall, after giving the parties an opportunity of being heard, decide the questions so referred, and may-(a) either dispose of the case itself; or (b) return the case to the high court together with a copy of its judgment on such questions for disposal of the case in conformity with such judgment by the high court or, as the case may be, the court subordinate to it - - - - - 1~ (1) the minimum number of judges of the supreme court who shall sit for the purpose of determining any question as to theo constitutional validity of any central law or state law shall be seven (2) a central law or a state law shall not be declared to be constitutionally invalid by the supreme court unless a majodty of not les3 than two-thirds of the judges sitting for the purpose of determining the question as to the constitutional validity of such law hold it to be constitutionally invalid special provi_ sions to disposalof questions reiat-ingto constitutional validity ollawi rules 01 court, etc 145 (1) subject to the provisions of any law made by parliament, the supreme court may from time to time, with the approval of the president, make rules for regulating generally the practice and procedure of the court including-- - - - - (cc) rules as to the proceedings in the court under m'ticles 13la and 139a; - - - - - (2) subject to the provisions of article 144a and of clause (3'), rules made under this article may fix the minimum number of judges wlloat'e to sit for any purpose, ami may provide for the powers of single juages and· division courts (3) subject to the provisions of article 144a"the minimum number of judges who are to sit fol' the purpose of deciding my case involving a substantial question of law as to the interpretation' of this constitution, or tor the purpose of hearin'g any reference under article 143 shall 'be ave: provided that, where the court hearing an appeal under any ot the provisions rjf this cbapter other than article 132 consists of' lesa than· ftve judges and in the course of the hearing of the appeld the court is'satisfled that the appeal involves a substantial question' of law'1ls 'to die' inteipl!etation of this constitution the determination of which is ne~sary for the ,dis~sal of the appeal, such court sball refer the question for opinion rto a court con9~ituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion d-iapgse of the appeal in conformity with such opinion jz6a notwithstanding anything in article 226, the high court shall not consider the constitutiopaj validity of any central law in any proceedlng" under that article constitutional validity ofcen_ tral jaws not to be oonsi dered lnprocee dings under blucie ~ae, transfr of certain cu tohiib court iii if the high court is satisfied that a oase pending in a court iubordinate to it involves a substantial questton of law u to the interpretattcm 01 tbis ccmstltutlon the detemdnat1cm cd wbich is necessary tor the dilpoaal of the cue, it shall withdraw the eale ann, subject to the provi lions of a!rticle lsla, may-(g) either dispole of the cue itself, or (b) determine the said question of law and return the case to the cclurt from which the case has been so withdrawn together with 0 copy of its judgment on such question, and the said court shall on receipt tnereof, proceed to dispose of the ease in conformity with such judgment 228a (1) no rli~h court shall h:we jurisdiction to rleclare any cen-special tral law to be ~onstitutionally invalid provi (2) suh;ect to the provisions of article 131a, the hij!:h court may determine all questions relating to the constitutional vnlidity of any state law (3) the minimum number of jud)l,es who shalf sit for the purpose of determininj( any question 88 to ~e constitutional vahdity of any state law shall be five: provided that where the high court consist$ of less than flv'e tu-i[!'e9, all the judges of the high court may sit and determine such question sions as to disposal of questions relating to cons titutional validity of state laws (4) a state law shall not be dec1a'!'ed too be constitutionally invalid by the high court unless--(ii) where the high court consislq of flve judjtes or morf' not less than two-thir& of the jud've!il sittinl! for the purpos of determining the valfdity of such hw hold it to be constitutlonallv invalid: and (b) where the high court consists of less than five judges, all the judges of the high court sitting for the purpose hold it to be const! tutionally invalid (5) the provisions of this a'l'ticle shall have effect notwithstbllding anything contained in this part ~:rplanation-in computing the number of judges of a high court for the purposes of this article, a judge who is disqualified by r~as9p qf personal or pecuniary bias shall be exc:ludect - - - - - definitiona 388 in this constitution, unless the context otherwise il'equires, the following expressions have the meanings hereby respectively assigned to them, that is to say-- - - - - (fa) "central law" means any law other than a state law but itoes not include any amendment of this constitution made under article 388; - - - - - (28a) i·state law" means-(ii) a state act or an act of the legislature 0'1 a uniod territory: (b) an ordinance promulgated by the governor of a state under ril'ticle 213 or by the administrator of a union territory under article 23gb: (c) any provision with respect to a matter in the state list in a central act made before the commencement of this constitution; (d) any provision with respect to a matter in the state list or the concurrent list in a provincial act; (e) any notification order scheme rule, reltulation or byelaw or anv other instrument havinl! thf' force of law mal\e under anv act ordinance or pro\'isions referred to in sub-c1ause (a), sub-clause (b) sub-clause (e) or sub-clause cd); (1) any notification order rcheme rule rellulat;on or bvelaw or any other instrument havins! the force of law, not fal1in~ under sub-clause '(e) and made bv a stqtf' government or the administrator of a union territory or an i'ifficer or authority rubordinate t~ such government (lr administrator; and (g) any other law (includinsr anv usal!e or custom having thp force of law) wi,th respect to a melttel' in the state list:; - - - - - "!to -, - bill further to amend the constitution of india (shri shanti bhushan, minister of law, justice and company affairs)

Parliament_bills

894a392c-ed91-5843-912d-8e3416eccf68

bill no 33 of 2010 the price control bill, 2010 byshri arjun meghwal, mp a billto provide for the constitution of a commission for determining the prices of all consumer and industrial goods and for matters connected therewithbe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the price control act, 2010 (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 notificationin the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(i) "commission" means the price commission constituted under section 3; and (ii) "prescribed" means prescribed by rules made under this actconstitution of the price commission3 the central government shall constitute a commission to be known as the price commission for determining the prices of all consumer and industrial goods, including life saving drugs and medicines, whether manufactured indigenously or imported4 (1) the commission shall consist of—(i) two members representing manufacturers of goods;composition of the commission5(ii) two members representing consumers; (iii) two members representing labourers; (iv) two members representing wholesalers and retailers of all consumer andindustrial goods;(v) two members representing farmers;10(vi) one member each representing state governments, who shall be nominated by the respective state governments; and(vii) two members representing the central government15(2) the members of the commission, except the members representing the state governments, shall be nominated by the central government in such manner as may be prescribed(3) the central government shall appoint a member from amongst the members of the commission to act as its chairperson20(4) the chairperson and every member of the commission shall hold office for a term of two years from the date on which he assumes office(5) the salaries and allowances payable to, and the other terms and conditions of service, of the chairperson and members of the commission, shall be such as may be prescribed25(6) the central government shall make available to the commission such number of officers and employees as may be necessary for the efficient performance of its functions(7) the salaries and allowances payable to, and other terms and conditions of service of, the officers and employees of the commission shall be such as may be prescribedduty of the commission5 it shall be the duty of the commission to determine, from time to time, the prices of all consumer and industrial goods after taking into account such factors as it may deem necessary306 if any person sells any consumer or industrial goods at a price higher than the price determined by the commission, he shall be punished with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees or with bothpunishment for selling goods at a price more than the price determined by the commission power to make rules7 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act3540(2) every rule made under this 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 prices of all essential consumer goods and medicines are continuously increasingthe producers of consumer and industrial goods fix the prices of such goods with huge profit motives, while wholesalers and retailers arbitrarily charge further increased prices from the consumers thus, at present, there is no effective mechanism to control the prices of essential consumer goods the central government has taken some limited measures to contain the prices of essential goods but they have not been successful the common people are suffering a lot due to steep hike in prices of all consumer goods and life saving drugs it is becoming very difficult for them to survive with their meager income due to price rise of all consumer goods moreover, the poor people are totally dependant on dispensaries and hospitals run by the government for necessary treatment and medicines there is no provision to make available life saving drugs to these people at cheaper ratestherefore, it is proposed to constitute a commission which shall determine the prices of all consumer and industrial goodshence this billnew delhi;arjun meghwalfebruary 11, 2010 financial memorandumclause 3 of the bill provides for the constitution of a price commission for determining the prices of all consumer and industrial goods clause 4 provides for the payment of salaries and allowances to the chairperson and members and officers and employees of the commission the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees five crore will be involveda non-recurring expenditure of about rupees ten crore is also likely to be involved memorandum regarding delegated legislationclause 7 empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha————— a billto provide for the constitution of a commission for determining the prices of all consumer and industrial goods and for matters connected therewith—————(shri arjun meghwal, mp)gmgipmrnd—1002ls(s5)—12-03-2010

Parliament_bills

8eee76b4-1cdd-52c2-8a71-070ebccd6580

bill no x of 2010 the essential commodities (amendment) bill, 2010 a billfurther to amend the essential commodities act, 1955be it enacted by parliament in the sixty-first year of the republic of india as follows:— 1 (1) this act may be called the essential commodities (amendment) act, 2010(2) it shall come into force with immediate effectshort title and commencementamendment of section 710 of 19552 in section 7 of the essential commodities act, 1955 (hereinafter referred to as the principal act),—(i) in sub-section (1),—(a) in clause (a), in sub-clause (i) for the worlds "one year" the words"two years" shall be substituted(b) in clause (a), in sub-clause (ii) for the words "three months but which may extend to seven years", the words "six months but which may extend to fourteen years" shall be substituted(ii) in sub-section (2), for the words "three months but which may extend to seven years", the words "six months but which may extend to fourteen years" shall be substituted(iii) in sub-section (2a), for the words "six months but which may extend to seven years", the words "one year but which may extend to fourteen years" shall be substitutedamendment of section 93 in section 9 of the principal act, for the words "which may extend to five years", the words "which may extend to ten years" shall be substituted statement of objects and reasonsthe essential commodities act, 1955 was enacted to ensure the easy availability of essential commodities to the consumers and to protect them from exploitation by the unscrupulous traders the act provides for regulation and control of production, distribution and pricing commodities, which are declared as essential for maintaining or increasing the supplies or for securing their equitable distribution and availability at fair pricesthe ground situation, however, shows an increasing tendency among traders to board and create artificial scarcity in this manner, they succeed in jacking up prices, making essential commodities unaffordable for the common man it is, therefore, felt that the penalties prescribed under the essential commodities act should be made more stringent, so as to deter market manipulatorshence this billprakash javadekar annexure extracts from the essential commodities act, 1955 7 penalties—(1) if any person contravenes any order made under section 3,—(a) he shall be punishable,—(i) in the case of an order made with reference to clause (h) or clause (i) of sub-section (2) of that section, with imprisonment for a term which may extend to one year and shall also be liable to fine, and(ii) in the case of any other order, with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine:provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months; (b) any property in respect of which the order has been contravened shall be forfeited to the government;(c) any package, covering or receptacle in which the property is found and any animal, vehicle, vessel or other conveyance used in carrying the commodity shall, if the court so orders, be forfeited to the government (2) if any person to whom a direction is given under clause (b) of sub-section (4) of section 3 fails to comply with the direction, he shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine:provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months(2a) if any person convicted of an offence under sub-clause (ii) of clause (a) of subsection (1) or under sub-section (2) is again convicted of an offence under the same provision, he shall be punishable with imprisonment for the second and for every subsequent offence for a term which shall not be less than six months but which may extend to seven years and shall also be liable to fine:provided that the court may for any adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than six months(2b) for the purposes of sub-sections (1), (2) and (2a), the fact that an offence under sub-clause (ii) of clause (a) of sub-section (1) or under sub-section (2) has caused no substantial harm to the general public or to any individual, shall be an adequate and special reason for awarding a sentence of imprisonment for a term of less than three months, or six months, as the case may be(3) where a person having been convicted of an offence under sub-section (1) is again convicted of an offence under that sub-section for contravention of an order in respect of an essential commodity, the court by which such person is convicted shall, in addition to any penalty which may be imposed on him under that subsection, by order, direct that that person shall not carry on any business in that essential commodity for such period, not being less than six months, as may be specified by the court in the order 9 false statement— if any person,—(i) when required by any order made under section 3 to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or(ii) makes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish, he shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both rajya sabha———— a billfurther to amend the essential commodities act, 1955————(shri prakash javadekar, mp)gmgipmrnd—2338rs(s5)—03-05-2010

Parliament_bills

8ec86c98-e59d-53c2-b6b8-26c3e5032743

bill no 368 of 2019 the arms (amendment) bill, 2019 a billfurther to amend the arms act, 1959be it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the arms (amendment) act, 2019short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5amendment of section 254 of 19592 in the arms act, 1959 (hereinafter referred to as the principal act), in section 2, after clause (e), the following clause shall be inserted, namely:—'(ea) "licence" means a licence issued in accordance with the provisions of this act and rules made thereunder and includes a licence issued in the electronic form;'3 in section 3 of the principal act in sub-section (2),—amendment of section 3(i) for the words "three firearms", the words "one firearm" shall be substituted; (ii) for the proviso, the following provisos shall be inserted, namely:—5 10"provided that a person who has in his possession more firearms than one at the commencement of the arms (amendment) act, 2019, may retain with him any one of such firearms and shall deposit, within one year from such commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the union, in a unit armoury referred to in that sub-section after which it shall be delicensed within ninety days from the date of expiry of aforesaid one year:provided further that while granting arms licence on inheritance or heirloom basis, the limit of one firearm shall not be exceeded"15amendment of section 54 in section 5 of the principal act, in sub-section (1), in clause (a), for the word"manufacture,", the words "manufacture, obtain, procure," shall be substitutedamendment of section 65 in section 6 of the principal act, after the words "convert an imitation firearm into a firearm", the words and figures "or convert from any category of firearms mentioned in the arms rules, 2016 into any other category of firearms" shall be inserted20amendment of section 86 in section 8 of the principal act, in sub-section (1), for the word "firearm", the words "firearm or ammunition" shall be substitutedamendment of section 137 in section 13 of the principal act, in sub-section (3), in clause (a), in sub-clause (ii), for the words and figures "point 22 bore rifle or an air rifle", the word "firearm" shall be substituted258 in section 15 of the principle act, in sub-section (1),—amendment of section 15(a) for the words "period of three years", the words "period of five years" shall be substituted;(b) after the proviso, the following proviso shall be inserted, namely:—30"provided further that the licence granted under section 3 shall be subject to the conditions specified in sub-clauses (ii) and (iii) of clause (a) of sub-section (1) of section 9 and the licensee shall produce the licence along with the firearm or ammunition and connected document before the licensing authority after every five years from the date on which it is granted or renewed"9 in section 25 of the principal act,—amendment of section 25(i) in sub-section (1),—35(a) in clause (a), for the word "manufactures", the words "manufactures, obtains, procures" shall be substituted;(b) in clause (b), after the words "convert an imitation firearm into a firearm", the words and figures "or convert from any category of firearms mentioned in the arms rules, 2016 into any other category of firearms," shall be inserted;40(c) in the long line, for the words "three years but which may extend to seven years", the words "seven years but which may extend to imprisonment for life" shall be substituted;(ii) in sub-section (1a),—(a) for the words "five years but which may extend to ten years", the words "seven years but which may extend to fourteen years" shall be substituted;(b) the following proviso shall be inserted, namely:—5"provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than seven years";(iii) after sub-section (1a), the following sub-section shall be inserted, namely:—10"(1ab) whoever, by using force, takes the firearm from the police or armed forces shall be punishable with imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life and shall also be liable to fine"; (iv) in sub-section (1aa), for the words "seven years", the words "ten years"shall be substituted;15(v) in sub-section (1b),—(a) in the long line, for the words "one year but which may extend to three years", the words "two years but which may extend to five years and shall also be liable to fine" shall be substituted;(b) in the proviso, for the words "one year", the words "two years" shall be substituted;20(vi) after sub-section (5), the following sub-sections shall be inserted, namely:—25'(6) if any member of an organised crime syndicate or any person on its behalf has at any time has in his possession or carries any arms or ammunition in contravention of any provision of chapter ii shall be punishable with imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life and shall also be liable to fine(7) whoever on behalf of a member of an organised crime syndicate or a person on its behalf,—30(i) manufactures, obtains, procures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or35(ii) shortens the barrel of a firearm or converts an imitation firearm into a firearm or converts from any category of firearms mentioned in the arms rules, 2016 into any other category of firearms in contravention of section 6; or(iii) brings into, or takes out of india, any arms or ammunition of any class or description in contravention of section 11, shall be punishable with imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life and shall also be liable to fineexplanation—for the purposes of sub-sections (6) and (7),—40(a) "organised crime" means any continuing unlawful activity by any person, singly or collectively, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any person;(b) "organised crime syndicate" means a group of two or more persons who, acting either singly or collectively, as a syndicate or gang indulge in activities of organised crime5(8) whoever involves in or aids in the illicit trafficking of firearms and ammunition in contravention of sections 3, 5, 6, 7 and 11 shall be punishable with imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life and shall also be liable to fine10explanation—for the purposes of this sub-section, "illicit trafficking"means the import, export, acquisition, sale, delivery, movement or transfer of firearms and ammunition into, from or within the territory of india, if the firearms and ammunition are not marked in accordance with the provisions of this act or are being trafficked in contravention of the provisions of this act including smuggled firearms of foreign make or prohibited arms and prohibited ammunition15(9) whoever uses firearm in a rash or negligent manner in celebratory gunfire so as to endanger human life or personal safety of others shall be punishable with an imprisonment for a term which may extend to two years, or with fine which may extend to rupees one lakh, or with both explanation—for the purposes of this sub-section, "celebratory gunfire" means the practice of using firearm in public gatherings, religious places, marriage parties or other functions to fire ammunition'20amendment of section 2710 in section 27 of the principal act, in sub-section (3), for the words "shall be punishable with death", the words "shall be punishable with imprisonment for life, or death and shall also be liable to fine" shall be substituted11 in section 44 of the principal act, in sub-section (2), in clause (f), —amendment of section 4425(a) for the words "firearm shall be stamped or otherwise shown thereon", the words "firearm or ammunition shall be stamped or otherwise shown thereon for the purposes of tracing" shall be substituted;(b) the following explanation shall be inserted, namely:—30'explanation—for the purposes of this clause, "tracing" means the systematic tracking of firearms and ammunition from manufacturer to purchaser for the purpose of detecting, investigating and analysing illicit manufacturing and illicit trafficking;' statement of objects and reasonsthe arms act, 1959 was enacted to consolidate and amend the law relating to arms and ammunition the arms act, 1959 and rules made thereunder regulate the acquisition, possession, use, manufacture, transfer, sale, transport, export and import of arms and ammunition and punishment for contravention of the provisions of the act, in order to curb illegal weapons and violence stemming from them2 the law enforcement agencies indicate growing nexus between possession of illegal firearms and commission of criminal offences with the advancement in technology, the fire power and sophistication of illegal firearms have increased significance over the years the trans-border dimensions of illegal arms trafficking are causing threat to internal security and to prevent the usage of illicit firearms so trafficked has also become a prime concern to effectively curb crimes related to or committed by using illegal firearms and to provide effective deterrence against violation of law, there is an urgent need to strengthen the existing legislative framework by making appropriate amendments in the arms act, 1959 simultaneously, there is also a requirement for rationalising and facilitating the licensing procedures for use of firearms by individuals and sports persons3 in order to implement the above measures effectively,it is proposed to amend the arms act, 1959 accordingly, a bill, namely, the arms (amendment) bill, 2019, has been, inter-alia, proposed,—(i) to define new offences and prescribing punishment for them, such as for taking away firearms from police or armed forces,involvement in organised crime syndicate, illicit trafficking including smuggled firearms of foreign make or prohibited arms and prohibited ammunition, use of firearms in rash and negligent manner in celebratory gunfire endangering human life, etc;(ii) to enhance the punishment for existing offences like illegal manufacture, sale, transfer, etc;illegal acquiring, possessing or carrying prohibited arms or prohibited ammunition; and illegal manufacture, sale, transfer, conversion, import, export, etc, of firearms; and(iii) to enhance the period of arms licence from three years to five years and also to issue arms licence in its electronic form4 the bill seeks to achieve the above objectivesnew delhi;amit shahthe 27th november, 2019 annexure extracts from the arms act, 1959 (54 of 1959) chapter ii acquisition, possession, manufacture, sale, import, export and transport of arms and ammunition3 (1) (2) notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section (3), shall acquire, have in his possession or carry, at any time, more than three firearms:licence for acquisition and possession of firearms and ammunition25 of 1983provided that a person who has in his possession more firearms than three at the commencement of the arms (amendment) act, 1983, may retain with him any three of such firearms and shall deposit, within ninety days from such commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the union, in a unit armoury referred to in that sub-section 5 (1) no person shall—(a) use, manufacture, sell, transfer, convert, repair, test or prove, or licence for manufacture, sale, etc, of arms and ammunition6 no person shall shorten the barrel of a firearm or convert an imitation firearm into a firearm unless he holds in this behalf a licence issued in accordance with the provisions of this act and the rules made thereunderexplanation—in this section, the expression "imitation firearm" means anything which has the appearance of being a firearm, whether it is capable of discharging any shot, bullet or other missile or notlicence for the shortening of guns or conversion of imitation firearms into firearms 8 (1) no person shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a firearm prohibition of sale or transfer of firearms not bearing identification marks chapter iii provisions relating to licences13 (1) grant of licences(3) the licensing authority shall grant—(a) a licence under section 3 where the licence is required— (ii) in respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the central government;| | | | | ||------|------|------|------|-----|15 (1) a licence under section 3 shall, unless revoked earlier, continue in force for a period of three years from the date on which it is granted:duration and renewal of licenceprovided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period| | | | | ||------|------|------|------|-----| chapter v offences and penalties25 (1) whoever—punishment for certain offences(a) manufactures, sells, transfers, converts, repairs, tests or proves, or exposesor offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or(b) shortens the barrel of a firearm or converts an imitation firearm into a firearm in contravention of section 6; or| | | | | ||------|------|------|------|-----|shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine(1a) whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to ten years and shall also be liable to fine(1aa) whoever manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer or has in his possession for sale, transfer, conversion, repair, test or proof, any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine| | | | | ||------|------|------|------|-----|(1b) whoever—| | | | | ||------|------|------|------|-----|shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and shall also be liable to fine:provided that the court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than one year 27 (1) punishment for using arms, etc(3) whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with death 44 (1) power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (f) the manner in which the maker's name, the manufacturer's number or other identification mark of a firearm shall be stamped or otherwise shown thereon; ———— a billfurther to amend the arms act, 1959————(shri amit shah, minister of home affairs)mgipmrnd—3839ls(s3)—28-11-2019 corrigenda to the arms (amendment) bill, 2019 [to be/as introduced in lok sabha]1 page 4, line 14,- for "negligent manner in celebratory" read "negligent manner or in celebratory" 2 page 5, line 23,- for "negligent manner in celebratory" read "negligent manner or in celebratory" 3 page 5, line 29,- for "to enhance the" read "to retain one fire arm and enhance the" new delhi; 29 november, 2019______ agrahayana 8, 1941 (saka) lok sabha ------ corrigenda to the arms (amendment) bill, 2019 [to be/as introduced in lok sabha]1 page 4, line 14,- for "negligent manner in celebratory" read "negligent manner or in celebratory" 2 page 5, line 23,- for "negligent manner in celebratory" read "negligent manner or in celebratory" 3 page 5, line 29,- for "to enhance the" read "to retain one fire arm and enhance the" new delhi; 29 november, 2019______ agrahayana 8, 1941 (saka)

Parliament_bills

3b862e8e-6943-5e59-8cea-2d2bee20830c

the appropriation (no5) bill, 1961(to be introduced in loic sabra) (to be introduced in lok sabka) a billto cl1i4horiae payment and clppropriation of certain further bwms trom and oat of the consolidated fund of imia for the service of the financla! year 1961-62 be it enacted by parliament in the twelfth year of the republic of india as follows:-1 this act may be called the appropriation (no5) act, ~961 short title z from and out of the consolidated fund of india there may issue of ri s be paid and appliied sums not exceeding those specified in column 3 io7430~ of the scaedule amounting in the aggregate to the su1n bf ten ~ns~fid~t:d crores, se~enty-four lakhs and thirty thollsand rupees towards fu;d ~ tbf defraying the several charges which will corne in course of payment ~~i¢~-6:' duritlg tke financial year l961-62, id respect of the services speeified ie in column· 2 of the schedule 3 the :sums authorised to be paid and applied fram and olllt of ~ppropriathe consolidated fund of india by this act shall be appropriated tion for the ervioes od purposes expressed in the schedule in relation to the said year i i , i no of vote sums not occedidc ---1 , c!jaraed on the i voted by parliament ~~ted' i total , 10 rs i ri rl e2 industries 1,000 1000 19 state of poddicherry 4,000 ,000 i9-a dadra and nagar haveli area :&128,000 2128000 zz customs 15000 35000 gnnts-in-aid to states 1,000 1,000 animalhusbandry 1,000 1,000 3<4 1 60 20 mieceuaneous departments and ezpenditure udder the mjn&try of home a1rain 1,000 1,000 90 25 ligbthou&e& and lightships 5400000 5400000 j32 capital outlay of the midiitry of steel miaaadd fuel 6,7500,000 6,7500,000 ,-, i 137 30 other capital outlay of the mini &try of tradlport and com-283,00,000 208859,000 municatiodb 559000 delhi capital outlay 3500,000 35,00000 138 total 103332000 40,",000 10,7 •• 30,000 statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of lndia, 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 govemment, excluding railways, for the financial year 1961-62 morarji desai 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 1961-62 the president hls, in pursu~nce of clauses (i) and (3) of article 117 of the constitution of india, read with article 115 thereof, recommended to lok slhh1 the introduction and consideration of the bill secretary (shri murarji desai minister of finance)

Parliament_bills

b478f8b0-24d2-523e-b760-e4e0b44ff940

bill no 347 of 2015 the appropriation (no 5) bill, 2015 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 2015-16be 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 5) act, 2015issue of rs 56256,32,00,000 out of the consolidated fund of india for the financial year 2015-16appropriationthe schedule(see sections 2 and 3)123sums not exceedingno of voteservices and purposesvotedchargedby parliamenton thetotalconsolidatedfund1department of agriculture and cooperation…………revenue4,00,000 4,00,000capital1,00,000 1,00,0003department of animal husbandry, dairying and fisheries…… revenue2,00,000 2,00,0004atomic energy……………………………………………revenue1,00,000 1,00,000capital2,00,000 2,00,0006ministry of ayurveda, yoga and naturopathy, unani siddha and homoeopathy (ayush) revenue1,00,000 1,00,0007department of chemicals and petrochemicals……capital24,61,00,000 24,61,00,0008department of fertilisers capital952,80,00,000 952,80,00,0009department of pharmaceuticals revenue1,00,000 1,00,000capital12,75,00,000 12,75,00,00010ministry of civil aviation revenue29,33,00,000 29,33,00,000capital29,63,00,000 29,63,00,00012department of commercerevenue1,00,000 1,00,000capital50,00,00,000 50,00,00,00013department of industrial policy and promotion capital3,07,00,000 3,07,00,00014department of posts revenue40,00,00,0001,80,00,00041,80,00,000capital11,26,00,00014,00,00011,40,00,00015department of telecommunications revenue344,03,00,000 344,03,00,00016department of electronics and informationtechnology revenue1,00,000 1,00,00017department of consumer affairs revenue53,00,00,000 53,00,00,00018department of food and public distribution revenue1,00,000 1,00,000capital10000,01,00,000 10000,01,00,00019ministry of corporate affairs revenue129,25,00,000 129,25,00,000capital17,00,00,000 17,00,00,00020ministry of culture… revenue3,00,000 3,00,00022defence pensions revenue5735,74,00,0002,26,00,0005738,00,00,00028capital outlay on defence services capital1,00,00043,15,00,00043,16,00,00029ministry of development of north eastern region revenue2,00,000 2,00,000capital60,00,00,000 60,00,00,00030ministry of drinking water and sanitation revenue5402,00,00,000 5402,00,00,00031ministry of earth sciences revenue3,00,000 3,00,000capital1,00,000 1,00,00032ministry of environment, forests and climatechange revenue120,02,00,000 120,02,00,000capital1,00,000 1,00,00033ministry of external affairs… revenue2,00,000 2,00,00034department of economic affairs revenue8,00,000 8,00,000capital485,02,00,000 485,02,00,00035department of financial services revenue3,00,000 3,00,000capital3,00,000 3,00,00037transfers to state and union territorygovernments revenue2989,00,00,000 2989,00,00,00043department of revenue revenue1,00,000 1,00,00047ministry of food processing industries revenue19,11,00,000 19,11,00,00048department of health and family welfare revenue450,03,00,000 450,03,00,000capital150,01,00,000 150,01,00,00049department of health research revenue3,00,000 3,00,00050department of aids control……………………… revenue267,50,00,000 267,50,00,00051department of heavy industry……………… revenue198,94,00,000 198,94,00,000capital1,00,000 1,00,000| rs | rs | rs ||--------------------|---------------------|---------------|| 1 | 2 | 3 ||--------------------------------|-------------------------------------------------------------|-----------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 53 | ministry of home affairs revenue | 195,36,00,000 || 54 | cabinet revenue | 196,28,00,000 || 55 | police revenue | 970,34,00,000 || capital | 2,00,000 | || 56 | other expenditure of the ministry of home affairs revenue | 1,00,000 || 58 | ministry of housing and urban poverty alleviation revenue | 5,00,000 || 59 | department of school education and literacy revenue | 2,00,000 || 60 | department of higher education revenue | 3,00,000 || 61 | ministry of information and broadcasting revenue | 1,00,000 || 62 | ministry of labour and employment revenue | 1,00,000 || capital | 6,00,00,000 | || 63 | election commission | capital || c | | || harged | | || — | supreme court of india | revenue || 66 | ministry of micro, small and medium enterprises revenue | 2,00,000 || 68 | ministry of minority affairs revenue | 1,00,000 || 69 | ministry of new and renewable energy revenue | 1000,01,00,000 || 73 | ministry of personnel, public grievances | || and pensions revenue | 7,61,00,000 | || 76 | ministry of planning | capital || 77 | ministry of power revenue | 400,01,00,000 || capital | 320,22,00,000 | || c | | || harged | | || — | staff, household and allowances | || of the president | revenue | || 79 | lok sabha revenue | || 83 | ministry of road transport and highways revenue | 1,00,000 || capital | 5528,56,00,000 | || 84 | department of rural development revenue | 11974,41,00,000 || 86 | department of science and technology revenue | 2,00,000 || 88 | department of biotechnology revenue | 1,00,000 || 89 | ministry of shipping revenue | 40,25,00,000 || capital | 2,00,000 | || 91 | ministry of social justice and empowerment revenue | 1,00,000 || 92 | department of disability affairs revenue | 1,00,000 || 93 | department of space revenue | 2,00,000 || capital | 2,00,000 | || 94 | ministry of statistics and programme | || implementation revenue | 3,00,000 | || 96 | ministry of textiles revenue | 259,61,00,000 || 97 | ministry of tourism revenue | 2,00,000 || 98 | ministry of tribal affairs revenue | 1,00,000 || 102 | daman and diu revenue | 1,00,000 || capital | 4,00,000 | || 104 | department of urban development revenue | 1200,00,00,000 || capital | 1,00,000 | || 105 | public works revenue | || capital | 1,00,000 | || 106 | stationery and printing revenue | 1,00,000 || 107 | ministry of water resources, river development | || and ganga rejuvenation revenue | 2800,01,00,000 | 1,95,00,000 || 108 | ministry of women and child development revenue | || 3548,02,00,000 | | 3548,02,00,000 || 109 | ministry of yourth affairs and sports revenue | 1,00,000 || t | | || otal | | || : | 56060,72,00,000 | 195,60,00,000 || 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 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 2015-16arun jaitley———— president's recommendation under article 117 of the constitution of india————[copy of letter no f-4(21)-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 authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2015-16, recommends under article 117(1) and (3) of the constitution, the introduction of the appropriation (no 5) bill, 2015 in the 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 2015-16————(shri arun jaitley, minister of finance, corporate affairs and information & broadcasting)gmgipmrnd—3598ls(s3)—11122015

Parliament_bills

ec098926-49fe-5051-a7a3-4bdd30803ff6

thb constitution (eleventh amendment) bill, 19~j(as introduced in lok 8abha on 30th november 1961) 8m no "of i,,, the constitution (eleventh amendment) bill, 1961 (as introduced in lok sabha)a bill further to amettd the constitution of india be it enacted by parliament in the twelfth year of the republic of india as follows:-1 this act may be called the constitution (eleventh amend- short title ment) act, 1961 5 z in article 66 of the constitution, in clause (1), for the words amendment "members of both houses of parliament assembled at iq joint meet- of article 66 ing", the words "members of an electoral college consisting of the members of both houses of parliament" shall be substituted 3 in article 71 of the constitution, after clause (3), the following amendment 10 clause shall be inserted namely:-ofarticlc 71 " (4) the election of a person as president or vice-presi-- dent shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him" statement of objects and reasonsunder article 66 (1) of the constitution, the vice-president has to be elected by members of both houses of parliament assembled at a joint meeting the requirement that members of the two houses should assemble at a joint sitting for the election of the vice-ptesident seems to be totally unnecessary and may also cause practical difficulties it is, therefore, proposed to amend this article to provide that the vice-president will be elected by members of an electoral college consisting of members of both houses of parliament under article 54 of the constitution, the president is elected by an electoral college consisting of the elected members of both houses of parliament and of the legislative assemblies of the states every effort is made ta complete such elections before the date of the presidential election it is, however, possible that the elections to the two houses of parliament may not de completed before the president or the vice-president is elected it is, therefore, proposed to amend article 71 of the constitution so as to make it clear that the election of the president or the vice-president cannot be challenged on the ground of any vacancy for any reason in the appropriate electoral college 2 the bill seeks to achieve these objects the notes on clauses appended to the bill explain the provisions thereof a k sen new dblbi; the 24th novemberl 1961 clause 2-under article 66(1) of the constitution, the vice-president of india has to be elected by the members of both houses of parlhtment assembled at a joint meeting where there is only one duly nominated candidate, the necessity for a joint meeting is not apparent and section 8 of th~ presidentital and vice-presidential election act, 1952, states that in such '3 case the returning officer shall forthwith declare the candidate to be duly elected even where there is a contest, conformity with article 66 can only be more formal than real in that important proceedings relating to the election, like the receipt of nomin'3tions, scrutiny of nominations and withdrawal of candidature, take place before the members of the two houses of parliament assemble at a joint meeting, and only the polling and declaration of results take place at that meeting in practice also, there can be no meeting in the usual sense, but the electors will be coming in as and when they like, casting their votes and going away the requirement that members should assemble at a joint sitting seems to be totally unnecessary and is also likely to cause practical difficulties it may be noticed that erticle 54 contains no such requirement in the case of the presidential election this clause therefore seeks to omit the requirement as to joint meeting and incidentally brings the language of this clause into conformity with the language of article 54 clause a-in narayan bhaskar khare vb the election commission of india, 1957, scr 1081, a point was made that for a valid election of the president, all elections to the two houses of parliament should be completed before the date of the presidential election, as otherwise some members would have been denied the right to take part in the election but the supreme court expressed no opinion on the point as it was not necessary to do so it is possible that elections to the two houses may not always be completed before a president or a vice-president is elected in dr khare's case, when the notification for the election of the president was issued, elections in certain snow-bound areas in the north had not been completed there may be vacancies for other reasons also it is therefore desirable to make it clear that the election of a president or vice-president cannot be challenged on the ground that there are vacancies in the appropriate electoral college for whatever reasons election of vice-president extracts from 'me cons~on of india - - - - - 86 (1) the vice-president shall be elected by the members of both houses af parliament asaembled at a joint meeting 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 (2) the vice-president shall not be a member of either house of parliament or of a house of the legislature of any state, and jf a member of either house of parliament or of a house of the legislature of any state be elected vice-president, he shall be deemed to have vacated his seat in that house on the date on which he enters upon his office as vice-president (3) no person shall be eligible for election as vice-president unless he--(0) is a citizen of india; (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the council of states matters relating to or connected with the election of a pre8ident or vicc-president (4) a person shall not be eligible for election as vice-president if he holds any office of profit under the government of india or the government of any state or under any local or other authority subject to the control of any of the said governments expzoftotion-for the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the president or vice-president of the union or the governor of any state or is a minister either for the union or for any state - - - - - 7l (1) all doubts and disputes arising out of or in connection with the election of a president or vice-president shall be inquired into and decided by the supreme court whose decision shall be final (2) if the election of a person as president or vice-president is declared void by the supreme court, acts done by him in the exercise and performance of the powers and duties of the office of president or vice-president, as the case may be, on or before the date of the decision of the supreme court shall not be invalida~ by reason of that declaration (3) subject to the provisions of this constitution, parliament may by law regulate any matter relating to or colldected with the electicm of a president or vice-president - - - - 4 a bill further to amend the constitution of india (shn aloke k sm, minb, of lmo)

Parliament_bills

d5ee2cff-2e54-53b6-874d-48cb1fa8204a

bill no 67 of 2018 the compulsory teaching of environmental education in educational institutions bill, 2018 byshri rajendra agrawal, mpa billto provide for compulsory teaching of environmental education in all educational institutions and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—definitions2 in this act, unless the context otherwise requires,—(a) "advisory council" means the advisory council for environmental education constituted under section 6;5(b) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;10(c) "educational institution" means a primary or a middle or a secondary or a senior secondary level school imparting education to children, or any college, institute or university imparting higher education recognized by the government or established under an act of the central government or a state government, by whatever name such institution is called;(d) "environmental education" means education through which individuals gain awareness of their environment and acquire knowledge, skills and values to enable them to act individually as well as collectively to solve present and future environmental problems; and15(e) "prescribed" means prescribed by rules made under this actcompulsory teaching of environmental education3 from such date, as the central government may, by notification in the official gazette, specify, environmental education shall be taught as a compulsory subject in all educational institutions from such class onwards as may be determined by the central government on recommendation of the advisory council204 the appropriate government shall, immediately after issuance of the notification under section 3, issue directions for compulsory teaching of environmental education in all educational institutions within its jurisdictionappropriate government to issue directions for compulsory teaching of environmental education255 subject to such matters as may be prescribed, the appropriate government shall ensure appointment of such number of teachers with such qualifications, as may be specified, for teaching environmental education in educational institutionsappointment of teachers for imparting environmental education6 (1) the central government shall, within three months of the coming into force of this act, by notification in the official gazette, constitute an advisory council for environmental educationconstitution of advisory council for environmental education30(2) the advisory council shall consist of such number of persons, having special knowledge or practical experience in the field of environmental education, as the central government may deem fit7 the advisory council shall perform the following functions, namely:—functions of the advisory council(a) recommend to the central government the syllabus of environmentaleducation for each standard at the school and university level;35(b) recommend to the central government the class from which onwardsenvironmental education shall be taught in educational institutions;(c) recommend to the appropriate government the qualifications of teachers tobe appointed in educational institutions for teaching environmental education;40(d) recommend to the appropriate government the institutions which may be given recognition for training teachers in environmental education for the purpose of their appointment in educational institutions; and(e) co-ordinate with the appropriate government and the educational institution authorities with a view to ensuring effective implementation of the provisions of this act58 nothwithstanding anything contained in this act, the provisions of this act shall apply to minority institutions only if the management of such institutions convey to the appropriate government their willingness to include the teaching of environmental education text books in their school curriculumapplication of act on minority educational institutions in certain situation109 the appropriate government shall derecognize educational institutions, which does not comply with the provisions of section 4, after giving such institution a reasonable opportunity of being heardderecognition of educational institutions for noncompliance ofthe provisions of this act10 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments for carrying out the purposes of this actcentral government to provide fund1511 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceoverriding effect of the act power to make rules12 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act2025(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsone of the biggest worries grappling the world today is environmental degradationfast paced urbanization, industrialization and deforestation have led to enormous levels of environmental pollution and created wide imbalances in the ecologyeducation is an important instrument through which individuals could be imparted the awareness and consciousness to address the concerns surrounding our environment and to act individually as well as collectively to solve the present and future environmental issuesthe honourable supreme court of india in its directive of 1991 had made it compulsory for environment education to be included in the school and college curricula but it has been observed that the supreme court's directive has not been implemented effectively so farthe bill, therefore, seeks to make it mandatory for environmental education to be taught as a compulsory subject at all levels of educationhence this billnew delhi;rajendra agrawalfebruary 16, 2018 financial memorandumclause 5 of the bill provides for appointment of environment education teachers in all schools clause 6 provides for constitution of advisory council for environment education by the central government clause 10 provides for payment of adequate funds to the states for carrying out the purpose of the act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india at this stage, it is not possible to give exact estimate of expenditure, both recurring and non-recurring, which will be involved from the consolidated fund of india, if the bill is enacted into a law however, it is estimated that a recurring expenditure of about rupees one hundred crore will be involved per annum from the consolidated fund of indiaa non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purpose of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character—————— a billto provide for compulsory teaching of environmental education in all educational institutions and for matters connected therewith or incidental thereto————(shri rajendra agrawal, mp)mgipmrnd—4278ls(s-3)—28-02-2018

Parliament_bills

97b2dd3e-c1c9-5f69-b28a-dcff68984f00

bill no 30 of 2017 the constitution (amendment) bill, 2017 by shri om birla, mp a bill further to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2017short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of article 3482 in article 348 of the constitution, for clause (1), the following clause shall be substituted, namely:—"(1) notwithstanding anything in the foregoing provisions of this part, unless parliament by law otherwise provides—(a) all proceedings in the supreme court shall be in the hindi language; (b) all proceedings in a high court shall be in the hindi language and also inthat regional language which is used in the state where the principal seat of that high court is situated;(c) the authoritative texts—(i) of all bills to be introduced or amendments thereto to be moved in either house of parliament;5(ii) of all acts passed by parliament and of all ordinances promulgated by the president; and(iii) of all orders, rules, regulations and bye-laws issued under this constitution or under any law made by parliament, shall be both in the hindi and the english languages; and(d) the authoritative texts—10(i) of all bills to be introduced or amendments thereto to be moved in the house or either house of the legislature of a state;(ii) of all acts passed by the legislature of a state and of all ordinances promulgated by the governor of a state; and15(iii) of all orders, rules, regulations and bye-laws issued under any law made by the legislature of a state;shall be both in the hindi language and also in the regional language which is used in that state" statement of objects and reasonsafter independence, while framing the constitution, the founding fathers of the constitution had envisaged the continuation of english language in the courts of india till hindi language spreads adequately across the country as per article 348 of the constitution, all works in courts should be transacted in english language now the time has come for the one hundred and twenty-five crore citizens of india to deliver justice to them in their own language justice should be delivered in indian languages (languages specified in the eighth schedule to the constitution) in high courts as well even after sixty-nine years of independence, the usage of english language in courts still continues as per constitution, all laws and ordinances, etc are requirement to be codified in the english language only this phase of slavery to english language being witnessed in our courts and parliament should discontinue with the constitutional obligation neither the judges can pronounce their judgements in the hindi or in any other indian language nor can the lawyers argue in courts in indian languages they have to perform all their work in english language even if a judge wants to use any indian language for pronouncing judgement, the constitution does not permit it there is a restriction on use of indian languages in the high courts of india also it is a matter of concern for whole of the country the country can prosper only when its languages are not demeaned everyone has a right to get justice in his language and it should be done at the earliestthe bill, therefore, seeks to amend the article 348 of the constitution with a view to provide that—(i) all proceedings in the supreme court shall be in hindi; (ii) all proceedings in a high court shall be in the hindi language and also in that regional language which is used in the state where the principal seat of that high court is situated;(iii) the authoritative texts of all bills, introduced in and acts passed by houses of parliament shall be in both hindi and english languages; and(iv) the authoritative text of all bills introduced in and act passed by the legislature of a state shall be both in hindi language and also in the regional language which is used in that statehence, this billnew delhi;om birlajanuary 31, 2017 annexure extract from the constitution of india 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 courts 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 1[] of a state, and(iii) of all orders, rules, regulations and byelaws issued under this constitution or under any law made by parliament or the legislature of a state, shall be in the english language lok sabha———— a billfurther to amend the constitution of india————(shri om birla, mp)gmgipmrnd—4559ls(s3)—22-02-2017

Parliament_bills

f5bacc70-c097-5bf0-83e7-c8aba0d24405

bill no 24 of 2012 the appropriation (railways) vote on account bill, 2012 a billto provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 2012-13 for the purposes of railwaysbe it enacted by parliament in the sixty-third year of the republic of india as follows: —short title1 this act may be called the appropriation (railways) vote on account act, 2012withdrawal of rs 41833,61,30,000 from and out of the consolidated fund of india for the financial year 2012-13the schedule(see sections 2 and 3)no of vote12 3 sums not exceedingservices and purposesvotedchargedby parliamenton thetotalconsolidatedfund rs rs rs1railway board37,63,67,00037,63,67,0002miscellaneous expenditure (general) 127,38,17,00011,83,000127,50,00,0003general superintendence and services on railways885,42,81,000885,42,81,0004repairs and maintenance of permanent way and works1464,46,49,0005,50,0001464,51,99,0005repairs and maintenance of motive power 669,28,10,000669,28,10,0006repairs and maintenance of carriages and wagons1551,85,55,00033,0001551,85,88,0007repairs and maintenance of plant and equipment 843,70,59,000843,70,59,0008operating expenses - rolling stock and equipment1226,79,12,0001226,79,12,0009operating expenses - traffic4229,39,19,00050,0004229,39,69,00010operating expenses - fuel 3557,78,73,0002,29,0003557,81,02,00011staff welfare and amenities 723,78,03,000723,78,03,00012miscellaneous working expenses767,57,61,00026,95,53,000794,53,14,00013provident fund, pension and other retirement benefits3186,77,66,0009,70,0003186,87,36,00014appropriation to funds7261,16,67,0007261,16,67,00015dividend to general revenues, repayment of loanstaken from general revenues and amortisation of over-capitalisation 4,28,83,0004,28,83,00016assets—acquisition, construction and replacement—revenue……………9,98,33,0001,67,00010,00,00,000other expenditure capital……………… 10162,41,90,00014,83,33,00010177,25,23,000 railway funds……………… 4747,62,50,00083,33,0004748,45,83,000 railway safety fund…………… 333,06,67,00026,67,000333,33,34,000 total:41790,40,62,00043,20,68,00041833,61,30,000 statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 116 thereof, to provide for the appropriation from and out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund of india and the grants made in advance by the lok sabha in respect of the estimated expenditure of the central government on railways, for a part of the financial year 2012-13mukul roy———— president's recommendation under article 117 of the constitution of india————[copy of letter no 2012-b-400/2, dated 20 march, 2012 from shri mukul roy, minister of railways to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed appropriation bill providing for the withdrawal from and out of the consolidated fund of india of the moneys required to meet the expenditure charged on the fund and the grants made by the lok sabha for a part of the financial year 2012-13, recommends under clauses (1) and (3) of the article 117 of the constitution of india, the introduction in and consideration by lok sabha, of the appropriation bill———— a billto provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 2012-13 for the purposes of railways————

Parliament_bills

6300e0d2-fdf7-5f0c-8d48-a445d5eb4594

bill no 67 of 2012 the petrol pump workers (welfare) bill, 2012 byshri adhir ranjan chowdhury, mp a billto provide for certain welfare measures for petrol pump workers and for matters connected therewithbe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the petrol pump workers (welfare) act, 2012short title and extent (2) it extends to the whole of india2 in this act, unless the context otherwise requires,—definitions5(a) "fund" means petrol pump workers welfare fund established under section 3; (b) "petrol pump" means an outlet selling petrol, diesel, liquefied natural gas,liquid petroleum gas or compressed natural gas;(c) "prescribed" means prescribed by rules made under this act; and (d) "worker" means any person who is engaged in any activity connected with the operation of petrol pump53 (1) the central government shall establish a fund to be known as the petrol pump workers welfare fund for the welfare of petrol pump workers in the countryestablishment of petrolpump workers welfare fund(2) the central government and every state government/union territoryadministration shall contribute to the fund in such ratio as may be prescribed(3) the owners of petrol pumps shall also contribute to the fund in such proportion as may be prescribed by the central government104 the fund shall be administered by a committee consisting of :—(i) a chairperson who shall be appointed by the central government;administration of petrolpump workers welfare fund(ii) one representative each from the states and union territories to be nominated by the respective state governments and union territory administration;15(iii) one member representing the workers who shall be nominated in such manner as may be prescribed; and(iv) one member representing the owners of the petrol pump who shall be nominated in such manner as may be prescribed(v) the terms and conditions of the service of chairperson and other members of the committee shall be such as may be prescribed by the central government205 the fund shall be used for the following purposes, namely:—utilisation of the fund(i) providing free health facilities to the workers and their families; (ii) providing free educational facilities to the children of workers;| ( | iii | ) payment of compensation to workers who are injured during the course of ||-----------------------------------------------------------------------------|-------|------------------------------------------------------------------------------|| their duty; | | || 25 | | || ( | iv | ) payment of compensation to the next of the kin of workers who die in || harness; | | || ( | v | ) payment of disability allowance to workers who are injured in accidents or || contract ailments during the course of their duty and are not able to work; | | || 30 | | || ( | vi | ) payment of old age pension to those workers who have attained the age of || sixty years; and | | |(vii) payment of family pension to the next of kin including minor children of deceased workerpower to make rules6 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of the act35 40(2) every rule made under this section shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonslakhs of workers are engaged in the work related to distribution/supply of petrol, diesel, liquefied natural gas, liquid petroleum gas and compressed natural gas, etc throughout the country but they are not covered under any labour law they are not paid even minimum wages which they deserve by virtue of their work the condition of these workers is worse than the contract labourers in the circumstances, provision of certain facilities to these workers during their service as well as in their old age is highly desirablehence this billnew delhi;adhir ranjan chowdhuryapril 16, 2012 financial memorandumclause 3 of the bill provides for the setting up of a petrol pump workers welfare fund for the welfare of petrol pump workers in the country it further provides that the central government shall also contribute to the fund clause 4 provides for constitution of a committee for administration of the fund the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of rupees one hundred crore per annuma non-recurring expenditure of about rupees one hundred crore per annum is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying on the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for certain welfare measures for petrol pump workers and for matters connected therewith————(shri adhir ranjan chowdhury, mp)gmgipmrnd—1402ls(s3)—13072012

Parliament_bills

a5125bb7-be01-5dd4-9652-659bbad61b09

bill no 60 of 2013 the jharkhand appropriation bill, 2013 a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of jharkhand for the services of the financial year 2013-14be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 this act may be called the jharkhand appropriation act, 2013short titleissue of rs39548,90,06,000 out of the consolidated fund of the state of jharkhand for the financial year 2013-14 appropriationthe schedule(see sections 2 and 3)123sums not exceedingno of vote/ appro-services and purposesvotedchargedby parliamenton thetotalconsolidatedfundpriation1agriculture and sugarcane developmentdepartment revenue939,41,03,000939,41,03,000capital1,50,00,0001,50,00,0002animal husbandry department revenue159,44,96,000159,44,96,0003building construction department revenue86,01,66,00086,01,66,000capital146,00,00,000146,00,00,0004cabinet secretariat and coordinationdepartment revenue31,60,61,00031,60,61,0005secretariat of the governor revenue 6,44,95,0006,44,95,0006election revenue25,25,65,00025,25,65,0007vigilance revenue13,51,70,00013,51,70,0008civil aviation department revenue23,01,01,00023,01,01,0009co-operative department revenue82,94,45,00082,94,45,000capital16,50,00,00016,50,00,00010energy department revenue1753,64,91,0001753,64,91,000capital766,88,00,000766,88,00,00011excise and prohibition department revenue20,88,71,00020,88,71,000capital10,00,00,00010,00,00,00012finance department revenue41,95,69,00041,95,69,000capital25,40,00,00025,40,00,00013interest payment revenue 2474,63,72,0002474,63,72,00014repayment of loans capital 1809,02,00,0001809,02,00,00015pension revenue3061,26,00,0003061,26,00,00016national savings revenue2,62,79,0002,62,79,00017finance (commercial taxes) department revenue57,08,94,00057,08,94,00018food supply and consumer affairs department revenue994,33,04,000994,33,04,00019forest and environment department revenue307,75,97,000307,75,97,000capital60,00,00060,00,00020health, medical education and family welfaredepartment revenue1133,19,72,0001133,19,72,000capital291,80,28,000291,80,28,00021higher education department revenue662,97,85,000662,97,85,00022home department revenue2786,70,68,0002786,70,68,000capital99,54,50,00099,54,50,00023industry department revenue290,93,82,000290,93,82,000capital200,00,0002,00,00,00024information and public relation department revenue48,68,09,00048,68,09,00025institutional finance and programmeimplementation department revenue2,04,46,0002,04,46,00026labour, employment and training department revenue996,20,28,000996,20,28,00027law department revenue209,14,10,000209,14,10,00028high court of jharkhand revenue 46,18,20,00046,18,20,00029mines and geology department revenue2697,40,00026,97,40,00030minorities welfare department revenue1,73,99,0001,73,99,000capital175,45,00,000175,45,00,00031parliamentary affairs department revenue41,09,00041,09,00032legislature revenue46,44,85,00023,25,00046,68,10,00033personnel and administrative reformsdepartment revenue17,36,38,00017,36,38,00034jharkhand public service commission revenue 7,76,50,0007,76,50,00035planning and development department revenue642,46,41,000642,46,41,00036drinking water and sanitation department revenue214,85,91,000214,85,91,000capital360,00,00,000360,00,00,00037rajbhasha department revenue14,74,57,00014,74,57,00038registration department revenue19,77,20,00019,77,20,000| rs | rs | rs ||--------|---------------------|---------------|| 1 | 2 | 3 ||--------------------------------|----------------------------------------------------------|----------------|| sums not exceeding | | || no | | || of | | || vote/ | | || appro- | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || priation | | || 39 | disaster management department revenue | 458,76,26,000 || 40 | revenue and land reforms department revenue | 397,16,56,000 || capital | 1,43,63,000 | || 41 | road construction department revenue | 277,11,40,000 || capital | 1775,94,06,000 | || 42 | rural development department revenue | 756,60,37,000 || capital | 599,00,00,000 | || 43 | science and technology department revenue | 72,18,72,000 || capital | 170,15,00,000 | || 44 | human resource development department revenue | 37,63,33,000 || 45 | information technology department revenue | 68,76,17,000 || capital | 32,46,00,000 | || 46 | tourism department revenue | 9,31,45,000 || capital | 18,25,00,000 | || 47 | transport department revenue | 117,78,31,000 || capital | 19,40,00,000 | || 48 | urban development department revenue | 1287,35,01,000 || capital | 22,21,72,000 | || 49 | water resources department revenue | 330,80,76,000 || capital | 1640,00,00,000 | || 50 | minor irrigation department revenue | 82,22,97,000 || capital | 298,60,00,000 | || 51 | welfare department revenue | 810,63,80,000 || capital | 152,72,00,000 | || 52 | art culture, sports and youth affairs department revenue | 78,59,07,000 || capital | 16,45,00,000 | || 53 | fishery revenue | 53,80,56,000 || capital | 7,00,00,000 | || 54 | dairy revenue | 117,40,48,000 || 55 | rural works department revenue | 201,36,54,000 || capital | 488,40,00,000 | || 56 | panchayati raj and nrep (special divisional) | || department revenue | 1672,28,33,000 | || capital | | || 2,75,00,000 | | 2,75,00,000 || 57 | housing department revenue | 10,39,18,000 || capital | 6,00,00,000 | || 58 | secondary education revenue | 740,97,74,000 || capital | 42,35,00,000 | || 59 | primary and public education revenue | 4369,23,80,000 || capital | 8,00,00,000 | || 60 | social welfare, women and child | || development department revenue | 1233,96,52,000 | || capital | 108,00,00,000 | || t | | || o t a l | | || : | 35204,61,44,000 | 4344,28,62,000 || rs | rs | rs | statement of objects and reasonsthis bill is introduced in pursuance of articles 204 (1) and 206 of the constitution of india, read with the proclamation issued under article 356 of the constitution in respect of the state of jharkhand on 18th january, 2013 to provide for the appropriation out of the consolidated fund of the state of jharkhand of the moneys required to meet the expenditure charged on the consolidated fund of the state of jharkhand and the grants made by the lok sabha for expenditure of the government of jharkhand for financial year 2013-14p chidambaram———— president's recommendation under article 207 of the constitution of india————[copy of letter no f 2(26)-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 jharkhand appropriation bill, 2013 to authorise payment and appropriation of certain sums from and out of the consolidated fund of the state jharkhand for the services of the financial year 2013-14, recommends under clauses (1) and (3) of article 207 of the constitution of india, read with clause (2) of article 206 thereof and the proclamation dated the 18th january, 2013 issued under article 356 of the constitution, the introduction of the jharkhand appropriation bill, 2013 in and the consideration of the bill by lok sabha————— a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of jharkhand for the services of the financial year 2013-14—————

Parliament_bills

cec510ff-3b00-5bb3-8b80-2d88da0cb4a4

bill no 40 of 1'00 the appropriation (railways) no2 bill, 1990 a billto authorise payment and ,, opriation of certejin ftutluw sumb /rarn and out of the consowdated fund of 1~ for the ,ervice, (if the fi,mftcial year 1989-90 for tm purposes of railw¥ be it enacted by parliament in the forty-first year of the republic of india as follows:-short title 1 this act may be called the appropriation (railways) no2 act, 1990 5 2 from and out of the consolidated fund of inc:tijl there may be paid and applied sums not exceedin, those specified in column 3 of the schedule amounting in the aggregate to the sum of four hundred and twelve crores forty-five lakhs and thirty-seven thousand rupees towards defraying the several c)larges which will come in course of 10 payment during the financial year 1989-90, in respect of the services relating to hanways specified in column 2 of the schedule | issue | of ||---------------|--------|| rs | || 412,45,37000 | || out | of || the | con- || solidated | || fund | || of | || india | || tor | || the | finan- || cial | || year | || 198990 | |3 the sums authorised to be paid and applied from and out of the appropria consolidated fund of india by this act shall be appropriated for the tion services and purposes expressed in the schedule in relation to the said ]s year -sums not exceeding services and plll'jxs no of vote total voted by parliament chargc:don the consolidated fund - rs rs rs 32,02,000 32,02,000 10 1 i railway board 6,20,20,000 3 general superintendence and servi~ on railways 2,72,13,000 : 746,000 i 15 4 repairs and maintenance of permanent way and works \, ~ i repairs ~ ~nce of carriages \\1 j tillliil w •• ~\ 2,83,42,000 i i 7 : ,~,32,66,ooo ·~fqpoo j 15,39,26,000 ~,- ,_" '~"jllio~ repairs and maintenlldcc of plant and ~pmeat·· - ";' ;!' 9 operaq expedi08-traffic 6,20,20,000 i i 2,64,67,000 i i , 2,83,42,000 i ! i i : ·5,~~ooo , i 15,31,77,000 i 10 operatiq expoasca-fucl 32,83,04,000 20 ;32,83,04,000 i 5,84,~,ooo 11 statl' welfare and amenities 5,90,05,000 19;j9,()9,ooo 13;''9~cji),oio '1' d_ '1049,000 i i i i 5t49,l)oo i i i-i i 12·- -miiddua~ workijw8qlcatca if provident ttand; pension &tid other rotiremcnt iiodciftta ; , • -81,87,11,000' 88,97/'4,000 --lo,l'ltf1()o j 28,0000,000 2s 14 appropriation to fudds ~'~'oo'ooo ' :d i'",', ' i 'j,' u dividend to oeuoral lleveaucs, repayment or loallll taken 'rom gedci'al reyelluc!! and amortization of over-- ,! ' -camalizadqn ; ,' i " loc5;29,(100 lo,45,29,000 • 30 16 assets-acqiaitjod, construction and repjacoment- 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 ()f the central government on railways for the financial year 1989-90 george fernandes president's recommendation under article 117 of the constitution of india[copy of letter no 9o-b-402, dated the 15th march, 1990 from shri george fernandes, minister of railways, to the secretary-gen~ral, lok sabha] " 'i'he 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 1989-90 for the purposes of railways, recommends under clause (1) and (3) of article 117 of the constitution of india read with clause (2) of article 115 thereof, the introduction in and consideration by lok sabha of the appropriation bill a billto authorise payment and appropriation of certain further sums from ani out of the consolidated fund of india for the services of the ftnancial year 1989-90 for the purposes of railways

Parliament_bills

7c64786e-3947-555e-98ab-924fc82c287f

bill no 254 of 2017 the maintenance and welfare of parents and senior citizens (amendment) bill, 2017 by ms sushmita dev, mp a billto amend the maintenance and welfare of parents and senior citizens act, 2007be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—2 after chapter ii of the maintenance and welfare of parents and senior citizens act, 2007, the following chapters shall be inserted, namely:—insertion of new chapters iia and iib56 of 2007 "chapter iia rights of senior citizens5"18a the national commission for senior citizens constituted under section 18bshall endeavor to protect and enforce the following rights of the senior citizen:—(a) right to life with dignity and non-discrimination: no senior citizen shall be denied the right to equality guaranteed by article 15 of the constitution and be discriminated against on the ground of his age creating any social or economic disability;10(b) right to legal aid: every senior citizen shall have access to an empanelment of lawyers for the exclusive purpose of providing free legal aid to senior citizens including taking up of court cases and providing any legal opinion;15(c) right to individual autonomy: every senior citizen as per the constitutional mandate of the right to a dignified life shall have his privacy and individual autonomy protected; and20(d) right to healthcare: every senior citizen as a part of their right to life guaranteed by article 21 of the constitution shall be provided access to life saving medicines, healthcare clinic in each district, health insurance policy and institutions for ageing to promote geriatric healthcare for senior citizens with a special focus on dementia and alzheimer's disease chapter iib the national commission for senior citizens18b (1) the central government shall, by notification in the official gazette, constitute a national commission for senior citizens to exercise the powers conferred on, and to perform the functions assigned to it under this act25constitution of the national commission for senior citizens(2) the commission shall consist of—(a) a chairperson, committed to the cause of senior citizens, to be nominated by the central government;30(b) five members to be nominated by the central government from amongst persons of ability, integrity and standing who have had experience in law or legislation, geriatric medicine, psychology, urban design specialists, sociology, management of an industry or organization committed to increasing the employment potential of senior citizens, senior citizens voluntary organizations, administration, economic development, health, education or social welfare:provided that at least two members of the commission shall be senior citizens35(c) a member-secretary to be nominated by the central government, who shall be—(i) an expert in the field of management, organizational structure, sociological movement or geriatric medicine specialist; or40(ii) an officer who is a member of a civil service of the union or of an all-india service or holds a civil post under the union with appropriate experience18c (1) the chairperson and every member shall hold office for such period, not exceeding three years, as may be specified by the central government in this behalfterm of office and conditions of service of chairperson and members45(2) the chairperson or a member (other than the member-secretary who is a member of a civil service of the union or of an all-india service or holds a civil post under the union) may, by writing and addressed to the central government, resign from the office of chairperson or, as the case may be, of the member at any time(3) the central government shall remove a person from the office of chairperson or a member referred to in sub-section (2) if that person—(a) becomes an undischarged insolvent; (b) gets convicted and sentenced to imprisonment for an offence which in the opinion of the central government involves moral turpitude;5(c) becomes of unsound mind and stands so declared by a competent court;(d) refuses to act or becomes incapable of acting; (e) without obtaining leave of absence from the commission, absent from three consecutive meetings of the commission; or10(f) in the opinion of the central government has so abused the position of chairperson or member as to render that person's continuance in office detrimental to the public interest:provided that no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter15(4) a vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination(5) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and members shall be such as may be prescribed2018d (1) the central government shall provide the commission with such officers and employees as may be necessary for the efficient performance of it functions under this actofficers and other employees of the commission(2) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the commission shall be such as may be prescribed25| salaries ||----------------|| allowances to || be paid out of || grants |18e the salaries and allowances payable to the chairperson and members and the administrative expenses, including salaries, allowances and persons payable to the officers and other employees referred to in section 18c, shall be paid out of the grants referred to in sub-section (1) of section 18j3018f no act or proceeding of the commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the commissionvacancies, etc, not to invalidate proceedings of the commissioncommittees of the commission18g (1) the commission may, for efficient discharge of its functions, appoint such committees as may be necessary for dealing with such special issues as may be taken up by the commission, from time to time35(2) the commission shall have the power to co-opt as members of any committeeappointed under sub-section (1) such member of persons, who are not members of the commission, as it may think fit and the persons so co-opted shall have the right to attend the meetings of the committee and take part in its proceedings but shall not have the right to vote40(3) the salary and allowances payable to member appointed to the committees shallbe such as may be prescribed18h (1) the commission or a committee thereof shall meet as and when necessary and shall meet at such time and place as the chairperson may think fitprocedure to be regualted by the commission(2) the commission shall regulate its own procedure and the procedure of the committees thereof45(3) all orders and decisions of the commission shall be authenticated by the member-secretary or any other officer of the commission duly authorized by the member-secretary in this behalf18i (1) the commission shall perform all or any of the following functions, namely:—functions of the commission5(a) investigate and examine all matters relating to the safeguards provided forsenior citizens under the law except on issues of maintenance and welfare as provided under this act;(b) present to the central government, annually and at such other times as thecommission may deem fit, reports upon the working of those safeguards;10(c) make in such reports recommendations for the effective implementation ofthose safeguards for improving the conditions of senior citizens by the union or any state;15(d) a universal and non-contributory old age pension to be established with aminimum amount of monthly pension for senior citizens as to be prescribed by the central government:provided that no senior citizen shall be forced to compulsorily retire from workon attaining the eligibility for universal old age pension;(e) recommend to the central government post retirement opportunities throughwhich senior citizens can generate income;(f) look into complaints and take suo-moto notice of matters relating to—20(i) deprivation of rights of senior citizens; (ii) non-compliance of policy decisions, guidelines or instructions aimedat mitigating hardships and ensuring welfare and providing relief to senior citizens and take up the issues arising out of such matters with appropriate authorities;25(iii) income or assets having been taken away against senior citizen's willthrough coercive means;(iv) abandonment of senior citizen without any visible form of support; (v) vulnerability of senior citizen to any form of violence or sexual abuse;(vi) cases of senior citizen living on the street or resorting to begging;30(vii) addition of senior citizen to any substance detrimental to personalhealth; (g) call for special studies or investigations into specific problems or situationsarising out of discrimination against senior citizens and identify the constraints so as to recommend strategies for their removal;35(h) evaluate the progress of the welfare and development of senior citizensunder the union and any state;(i) fund litigation involving issues affecting a large body of senior citizens; (j) make periodical reports to the parliament on any matter pertaining to seniorcitizens and in particular various socio-economic activities; and(k) any other matter which may be referred to it by the central government40(2) the central government shall cause all the reports referred to in clause (b) of subsection (1) to be laid before each house of parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the union and the reasons for the non-acceptance, if any, of any of such recommendations5(3) where any such report or any part thereof relates to any matter with which any state government is concerned, the commission shall forward a copy of such report or part to such state government who shall cause it to be laid before the legislature of the state along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the state and the reasons for the non-acceptance, if any, of any of such recommendations(4) the commision shall, while investigating any matter referred to in clause (a) or sub-clause (i) of clause (f) of sub-section (1), have all the powers of a civil court trying a suit and, in particular, in respect of the following matters, namely:—10(a) summoning and enforcing the attendance of any person from any part ofindia and examining him on oath;(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 and documents; and15(f) any other matter which may be prescribedgrants by the central government18j (1) the central government shall, after due appropriation made by parliament by law in this behalf, pay to the commission by way of grants such sums of money as the central government may think fit for being utilised for the purposes of this act20(2) the commission may spend such sums as it thinks fit for performing the functionsunder this act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1)accounts and audit2518k (1) the commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and audito-general of india(2) the accounts of the commission shall be audited by the comptroller and auditor-general at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the commission to the comptroller and auditor-general3035(3) the comptroller and auditor-general and any person appointed by him in connectionwith the audit of the accounts of the commission under this act shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditor-general generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the commission(4) the accounts of the commission, as certified by the comptroller and auditor-general or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the central government by the commission40annual report18l the commission shall prepare, in such form and at such time, for each financialyear, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the central government45annual report and audit report to be laid before parliament18m the central government shall cause the annual report together with a memorandumof action taken on the recommendations contained therein, in so far as they relate to the central government, and the reasons for the non-acceptance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are received, before each house of parliament18n the central government shall, after the appropriation made by parliament by law in this behalf, constitute a fund from which capitals may be released to the state governments for executing the provisions of the act to—central government to constitute fund5(a) fulfil the mandate of providing free and subsidised life saving medicines for senior citizens;(b) provide financial security for widows by allocating funds for their socioeconomic welfare;(c) provide loans for purchase of houses and repair with repayment schedules with minimal interest10 18-o the central government shall make a periodic review and monitor the progress of the implementation of the progress of the act by the state governmentspower of central government to review18p the chairperson, the members, officers and other employees of the commission shall be deemed to be public servants within the meaning of section 21 of the indian penal code, 1860 (45 of 1860)chairperson, members and staff of the commission to be public servants1518q the central government shall consult the commission on all major policy matters affecting womencentral government to consult commissionpower to make rules18r (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of chapter iib20(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) salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and members under sub-section (5) of section 18b and of officers and other employees under sub-section (2) of section 18c;25(b) allowances for attending the meetings of the committee by the co-opted persons under sub-section (3) of section 18f;(c) other matters under clause (f) of sub-section (4) of section 18h; (d) the form in which the annual statement of accounts shall be maintained under sub-section (1) of section 18j;30(e) the form in, and the time at, which the annual report shall be prepared under section 18k; and(f) any other matter which is required to be, or may be, prescribed35(3) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session 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 reasonsthe madrid plan of action and the united nations principles for senior citizens adopted by the united nations general assembly in 2002, the proclamation on ageing and the global targets on ageing for the year 2001 adopted by the general assembly in 1992, the shanghai plan of action 2002 and the macau outcome document 2007 adopted by united nations economic and social commission for asia and the pacific (unescap) form the basis for the global policy guidelines to encourage governments to design and implement their own policies, from time to time to which india is a signatorypursuant to the above international efforts, the maintenance and welfare of parents and senior citizens act, 2007 was enacted which provides for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognised under the constitution despite of india's global commitments and given the increasing number of senior citizens it is estimated that india will have over 240 million senior citizens by the year 2050 who will face challenges and needs that are different from those faced by previous generations, the reasons being decline of the joint family, increased life spans and productivity, etc the need is to raise their concerns and to help create a more inclusive society that supports and benefits from our senior citizens it is also required to deal effectively with the plight of senior citizens and fulfil the constitutional mandate of improving the quality of life of senior citizens without any discrimination and to protect and safeguard their right to dignity, equality and securitythe bill, therefore, seeks to amend the maintenance and welfare of parents and senior citizens act, 2007 with a view to constitute a national commission for senior citizens would help in protecting the social and economic interests of our senior citizens it also seeks to work towards the right to equal participation, equal recognition of law while promoting the right to medical attention, right to affordable housing communities, right to social justice and protection as well as to facilitate affordable and accessible serviceshence this billnew delhi;sushmita devnovember 27, 2017 financial memorandumclause 2 of the bill seeks to provide for the constitution of the national commission for senior citizens it further provides for appointment of committees by the commission and constitution a separate fund by the central government to carry out the provision of this bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees fifty crore from the consolidated fund of indiaa non-recurring expenditure of about rupees fifteen crore is also likely to be involved memorandum regarding delegated legislationclause 2 of the bill vide proposed section 18r empowers the central government to make, by notification in the official gazette, rules for carrying out the provisions of this actas the matters in respect of which rules may be made under the aforesaid provisions are matters of procedure and administrative detail only, the delegation of legislative power is, therefore, of a normal character———— a billto amend the maintenance and welfare of parents and senior citizens act, 2007————(ms sushmita dev, mp)

Parliament_bills

fad711c1-379e-519f-86f9-63be89770044

bill no 96 of \176 the pondicherry appropriation (no4) bill, 1976 billto authorise payment and appropriation qj certain further bufi18 from and o1it of the consolidated fund ~ the union territory of pondic'heftry for the servrices of the :fl1l4ncial year 1976-77 be it enacted by parliament in the twertty-seventh year of the republic of india as follows:-1 this act may be called the pondicherry appropriation (no4) act, short 1976 " ; ~,: it title 5 2 from and out of the consolidated fund of the union territory of pondicherry 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 fourteen thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1976-77, 10 in respect of the services specified in column, 2 of the schedule laue of rs14,000 from and out of the con-8olidatedfunci of the union territory·or poncu-cher1'1 for tile flnandal year 1976-77 s the sums authorised to be p~id and appli~ from and out of the appro-consolidated fund of the union temtory of pondlcherry ~ this act shall priation be appropriated for the services and purposes expressed in the schedul~ ip relation to the said rem', s services and purposes -2 3 ___ -_- ------·-----1---·---sums not exceeding no of vote 19 voted by parliament \ -------------- -charged on the consoli-total dated fund ----ri ri 1,000 i,oeo revenue 18 education revenue 22 social welfare 13,000 13,000 --is total rs · · -· 14,tjoo 14,ego ---- - ------------ ------------------------------------------ statement of objects and reasonsthis bill is introduced in pursuance of sub-section (1) of section 29 of the government of union territories act, 1963, read with section 30 thereof, and the presidential order dated 28th march, 1974, issued in exercise of the powers conferred by ·section 51 of the said act, to provide for the appropriation out of the consolidated fund of the union territory of pondicherry of the moneys required to meet the supplementary expenditure charged on the consolidated fund of the union territory of pondicherry for -axpenditure of the union territory of pondicherry for the financial year 1976-77 sushila rohatgi president's recommendation under section 23 of the government of union territories act, 1863[extract from letter no f5 (69) -b (8) /76, dated the 25th october, 1976 from shrimati sushila rohatgi, deputy minister in the ministry of finance to the secretary-general, lok sabha] the president, having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of the union territory of pondicherry for the services of the financial year ending on the 31st day of march, 1877, recommends, under sub-sections (1) and (3) of section 23 of the government of union territories act, 1963, read with section 30 (2) thereof and the orders issued under section 51 of the act, the introduction of the pondicherry appropriation (no4) bill, 1976 in lok sabha and also the consideration of the bill bill to authorise payment and appropriation of certain fw-ther sums from and out of the consolidated fund of the union territory of pondicherry for the services of the financial year 1976-77 (shrimati swhila rohatgi, deputy minister in the ministmj of finance)

Parliament_bills

e963f31e-cc27-5af0-9ead-8d3ec50ce104

the scheduled castes and scheduled tribes sub plans (budgetary allocation and special schemes) bill, 2015 a billto ensure speedy removal of social and economic disparity through targeted expenditure on special schemes for the welfare and development of the members of the scheduled castes and scheduled tribes communities and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the scheduled castes and scheduled tribes sub plans(budgetary allocation and special schemes) act, 2015short title, and commencement(2) it extends to the whole of india5(3) it shall come into force on such date as the central government may, be notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "prescribed" means prescribed by rules made under this act;10(a) "scheduled castes sub plan" means the process of funds allocation,identification and preparation of exclusive schemes, the expenditure on such schemes and the analysis of its final outcome for scheduled castes;(c) "special schemes" means such schemes which focus on individual beneficiaryschemes, family oriented cum income generating schemes for development of scheduled castes and scheduled tribes communities and scheduled castes and scheduled tribesfamilies, and for improving the physical and social infrastructure of localities, community infrastructure like special schools, for girls and boys, coaching centers, working women hostel, special libraries, health, employment, etc5(d) "tribal sub plan" means the process of funds allocation, identification and preparation of exclusive schemes, the expenditure on such schemes and the analysis of its final outcome for the tribal sub plan for the scheduled tribes; 3 (1) the central government and the state governments shall make separate plan for budgetary allocation for the welfare and development of the members of the scheduled castes and the scheduled tribes communities in proportion to their population at the national and state levels10budgetary allocation for scheduled castes and scheduled tribes(2) the funds so earmarked under sub-section (1), shall be spent only on special schemes exclusively for the benefit of scheduled castes and scheduled tribes in such manner, as may be prescribed15(3) funds allocated under scheduled castes sub plan and tribal sub plan shall not be diverted or lapse(4) the ministry of social justice and empowerment, government of india shall be the nodal ministry for scheduled castes sub plan and the ministry of tribal affairs shall be the nodal ministry for tribal sub plan20(5) the ministry of social justice and empowerment and the ministry of tribal affairs shall present a separate annual budget and performance budget for scheduled castes sub plan and tribal sub plan, as the case may be(6) the department of social welfare or the department looking after the welfare of scheduled castes and scheduled tribes shall work as nodal department in each statepenalties254 whoever contravenes any provisions contained in sub-sections (1), (2) and (3) ofsection 3 shall be guilty of wilful and deliberate act of dereliction of duty and shall be punishable under section 4 of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 after fixing the individual responsibility33 of 1989act to have overriding effect5 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 such law30power to remove difficulties6 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 contained in this act, as may appear to them to be necessary or expedient for the removal of the difficulty35power to make rules7 (1) the central government may, be notification in the official gazette, make rulesfor carrying out the provisions of this act40(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule 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 legislative efforts undertaken to close the development gap between dalits and adivasis and others date back to 1950, when the indian constitution provided opportunities for scheduled castes and scheduled tribes in the areas of education, employment in public services and electoral seats through the policy of reservation this important measure was the first of a series of legislations enacted in favour of scs and sts, the last of which is the bill on reservation in promotions for scs though passed by rajya sabha but pending in the lok sabha from economic point of view, the most important policies approved so far are the tribal sub plan (tsp) and the special component plan (scp), now called scheduled caste sub plan (scsp), executive budget policies, according to which funds and resources are to be reserved across central ministries and departments in the state governments in proportion to the sc/st population at the national and state level, as per the current census data at each respective levelhowever, close scrutiny of the current situation reveals that these two policies have not been implemented effectively the money earmarked under these policies is diverted for general scheme and does not go for funding of the schemes exclusively for the benefit of the scheduled castes and scheduled tribes it is not surprising that dalits and adivasis still remain far away from mainstrem development in the country the literacy gap is still quite high and the droupout rate is still high national mortality, infant mortality, child mortality and under five mortality is higher among scs and sts than among other social groups scs and sts are still less equipped with the basic requirements for human survival like water and power supply facilities, latrines, sewerage, houses, etc and poverty is still very rampant among themthough, small improvement in the conditions of scs and sts has taken place over a period of time, the progress of thirty years of the initiation of the scsp/tsp, cleraly indicate that legislators need to reckon with this sorry state of affairs and must feel obligated to take drastic steps to remedy the situation in fact, only by making compulsory the appropriate allocation, timely and focused distribution and effective management of the funds for scs/ sts can bring positive and substantial changes hence, there is a need to introduce a new piece of legislation with the objective of achieving the holistic and speedy economic development of these communities in order to ensure speedy economic development of the member of sc&st, it is proposed to invoke section 4 the scheduled castes and the scheduled tribes act, 1989 against the willful defaultershence this billpl punia financial memorandumclause 3 of the bill envisages a separate budgetary allocation by the central government and the state government for the welfare and development of the members belonging to the scheduled castes and scheduled tribes communities hence, the bill, if enacted, will involve expenditure from the consolidated fund of india at this stage, it is not possible to quantify the exact amount a non-recurring expenditure 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 this bill as the rules will relate to matters of details only, the delegation of legislative powers is of a normal character rajya sabha———— a billto ensure speedy removal of social and economic disparity through targeted expenditureon special schemes for the welfare and development of the members of the scheduledcastes and scheduled tribes communities and for matters connected therewith orincidental thereto————

Parliament_bills

70395f34-e192-5f1b-a35f-7a765ca318b1

bill no 44 of 2007 the cashew development board bill, 2007 by shri ck chandrappan, mp abillto provide for the setting up of a board for the development and promotion of cashew cultivation, cashew nut processing, marketing and research to improve its production and productivity and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the cashew development board act, 2007(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, bynotification in the official gazette, appointdefinitions 2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in case of a state, the government of that state and in all other cases, the central government;(b) "board" means the cashew development board constituted under section 3;(c) "cashew" means and includes both raw and processed cashew; and (d) "prescribed" means prescribed by rules made under this act3 (1) not later than three months from the commencement of this act, the central government shall establish a board to be known as the cashew development boardcashew development board5(2) the board shall consist of:—(a) a chairman to be nominated by the central government having outstanding calibre and eminence in the field of cashew cultivation, research or marketing;10(b) two members of parliament of whom one shall be from lok sabha and one from rajya sabha, to be nominated by the presiding officers of the respective houses;(c) two members to be appointed by the central government one each to represent the legislative assemblies of kerala and tamil nadu;15(d) two members to be appointed by the central government by rotation in the alphabetical order to represent the state legislatures of karnataka, goa, andhra pradesh, orissa and maharashtra:20provided that every appointment under sub-clauses (c) and (d) shall be made on the recommendation of the presiding officers of the respective state legislative assemblies(e) three representatives, representing the union ministries of commerce and industry, agriculture, and finance, respectively, who shall be nominated by the central government;25(f) two members to be appointed by the central government one each to represent the governments of the states of kerala and tamil nadu;(g) one member to be appointed by the central government by rotation in the alphabetical order to represent the states of karnataka, andhra pradesh, goa, maharashtra and orissa:30provided that every appointment under sub-clauses (f) and (g) shall be made on the recommendation of the state governments(h) two members representing the cashew farmers;(i) two members representing the workers of cashew processing industry;(j) two members representing the cashew processing industry;35(k) one member representing the food processing industry; (l) one member representing the indian made foreign liquor industry; and(m) the secretary to the union ministry of commerce and industy, who shall be the member-secretary to the board, ex-officio(3) the board shall have a term of office of three years40(4) the salaries and allowances payable to and other conditions of service of the chairman and other members of the board shall be such as may be prescribed(5) the board shall have its office at kollam in the state of kerala (6) the central government shall provide such number of officers and staff to the board as is required for its efficient functioning(7) the salaries and allowances payable to and other conditions of service of the officers and staff of the board shall be such as may be prescribed4 the board shall perform the following functions:—functions of the board5(i) make recommendations to the central government regarding formulationof a comprehensive policy regarding cashew cultivation, processing, marketing, value addition of cashew products, research and development aimed, inter alia, at discovering new uses of cashew products;(ii) formulate welfare measures for cashew cultivators and workers incashew industry and advise the appropriate government accordingly;10(iii) study the problems in cashew cultivation, processing, marketingincluding issues in product diversification, value addition, research and development of cashew;(iv) identify new cashew markets overseas and send business delegationsto study those markets;15(v) set up training and research institutes for imparting expertise in cashewcultivation, value addition and product diversification; and(vi) recommend measures to expand cashew cultivation in new areas in order to attain self-sufficiency in cashew nuts20grants by the central government5 the central government shall, after due appropriation made by parliament by law in this behalf, pay to the board by way of grants such sums of money as the central government may think fit for being utilised for the purposes of this act;6 there shall be formed a fund to be called the cashew development fund and there shall be credited thereto—cashew development fund(a) any grant by the central government for the purposes of this act;25(b) any grant or donation from state governments, voluntary organisationsor other institutions:provided that no such grant, loan or donation shall be credited to the fund except with the prior approval of the central governmentaccounts and audit307 (1) the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india(2) the accounts of the board 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 board to the comptroller and auditor-general35 40(3) the comptroller and auditor-general of india or any person appointed by him in connection with the audit of the accounts of the board shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor- general generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board45(4) the accounts of the board as certified by the comptroller and auditor-generalof india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliamentboard to submit an annual report8 the board shall submit an annual report on its functioning to the president of india who shall cause it to be laid in each house of parliament not later than a period of thirty days from the date of its submission to the president9 the central government may, by notification in the official gazette, make rules for carrying out the purposes of the actpower to make rules5 statement of objects and reasonsindia is the largest producer of cashew nuts, biggest consumer and also the largest exporter of processed cashew nuts it provides livelihood to lakhs of farmers, provides employment to lakhs of workers in the cashew based industries and it is one of the most important export earners for the countryhowever, cashew cultivators are mainly the small farmers and the cultivation is done in a very unorganised and unscientific manner the farming practices and post harvest technology are all very traditional and backward there is hardly any research done in any aspect of cultivation, processing, marketing and product diversification or the value addition all these factors lead to the fact that productivity of cashew in the country is very lowbut the possibilities in this field are unlimited there is a huge possibility of expanding the cultivation of cashew nut and increasing the production and productivity of cashew nuts as well as in the field of value addition and also new uses of cashew products there is also a big possibility of manufacturing high quality liquor from cashew kernels, which at present goes as waste though there is scope for quality improvement, the ''fenni'', being made in goa from cashew kernels, is an example cashew nuts can also be used for making drugs cashew trees may prove very useful for the timber industry, the pulp industry, etcthe formation of the cashew development board is primarily meant for improving the techniques of cashew farming and giving boost to cashew processing industry, manufacturing industry based on cashew, product diversification, promotion of research and value addition along with market promotion and research and developmentif all these are done with a measure of success, it would bring prosperity to this sector in agriculture and a new industry will be developed with tremendous potential and possibilitythe bill seeks to achieve these objectivesnew delhi;ck chandrappanmarch 13, 2007 financial memorandumclause 3 of the bill provides for the constitution of a cashew development boardclause 4 provides that the board shall perform certain functions for the welfare of cashew farmers and workers of cashew based industries clause 5 provides that the central government shall provide money, after due appropriation made by parliament by law in this behalf, to the board by way of grants clause 6 provides for the setting up of cashew development fund clause 7 provides that the board shall maintain proper accounts and relevant records and bear the expenditure for auditing of the accounts clause 8 provides that the board shall submit an annual report to the president the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees ten crore will be involvedno non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 9 empowers the central government to make rules for carrying out the purposes of the bill since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the setting up of a board for the development and promotion ofcashew cultivation, cashew nut processing, marketing and research toimprove its production and productivity and for matters connectedtherewith or incidental thereto————(shri ck chandrappan, mp)mgipmrnd—1259ls(s5)—23-03-2007

Parliament_bills

12fee6e9-2974-5ad5-be53-866acfac750a

bill no xxiv of 2002 the slums and jhuggi-jhopri areas (basic amenities and clearance) bill, 2002 a billto provide for the basic minimum amenities of water, electricity, sanitation and health facilities in slums and jhuggi-jhopri clusters and for the clearance of such areas in larger public interest and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-third year of the republic of india as follows:—1 (1) this act may be called the slums and jhuggi-jhopri areas (basic amenities and clearance) act, 2002short title, extent and commencement(2) it extends to the union territories and metropolitan cities only(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint and different dates may be appointed for different union territories and metropolitan citiesdefinitions2 in this act unless the context otherwise requires,—10(a) " appropriate government" means in the case of a metropolitan city fallingwithin the jurisdiction of a state, the government of that state and in other cases the central government;(b) "building" includes any structure or erection or any part of a building but does not include a plant or machinery comprised in a building;(c) "competent authority" means such officer or authority as the appropriategovernment may, by notification in the official gazette, appoint as the competentauthority for the purposes of this act;5(d) "jhuggi-jhopri" means small roughly built house or shelter usually made ofmud, wood or metal having thatch or tin sheet roof covering;(e) "prescribed" means prescribed by rules made under this act; (f) "slum" means an area consisting of badly built, overcrowded houses, buildingsor jhuggi-jhopri cluster;10(g) "slum clearance" means the clearance of any slum area by demolition andremoval of buildings therefrom;(h) "works of improvement" includes in relation to a slum area the execution offollowing works, namely:—(i) necessary repairs of lanes, roads, etc;15(ii) provision of light point, water taps and bathing places; (iii) construction of drains, open or covered; (iv) provisions of latrines, inlcuding conversion of dry latrines into waterborne latrines; and(v) removal of rubbish203 the competent authority may, from time to time, by notification in the official gazette, declare any area to be a slum area within the meaning of this actcompetent authority to declare slum areas254 the appropriate government through the competent authority shall carry outworks of improvement in slums and jhuggi-jhopri clusters from time to time in such manner as may be prescribedcompetent authority to carry out works of improvement in slums and jj clusters 5 the appropriate government shall provide minimum basic health facilities through primary health centres in slum areas and jhuggi-jhopri clusters in such manner as may be prescribedhealth facilities inslums and jj clusters306 the competent authority shall not allow a jhuggi-jhopri cluster to come upon agovernment land and if any slum exists in such a land before the commencement of this act, the competent authority shall remove it in such manner as may be prescribedremoval of jj clusters from government land35power to declare any area to be a clearance area7 where the competent authority is satisfied that the most satisfactory method ofdealing with the conditions in a slum area is the demolition of all the buildings in the area, the authority shall by an order notified in the official gazette declare the area to be a clearance area, that is to say an area to be cleared of all buildings in accordance with the provision of this act and the rules made thereunderslum clearance order408 as soon as may be after the competent authority has declared any slum area to bea clearance area it shall make a slum clearance order in such manner as may be prescribed and submit the order for the clearance by the appropriate government and if the appropriate government confirms the order, the order shall become operative from the date of such confirmationpower to make rules9 the central government may, by notification in the official gazette, make rules forthe purposes of this act statement of objects and reasonscrores of people in our country are living in slums and jhuggi jhopri clusters under inhuman conditions there are no basic facilities of potable water, electricity, sanitation and health services in these areas however people have no other option but to live in such slums and jj clusters the problem is more appaling in metropolitan cities like delhi, mumbai, chennai and kolkata and such other big cities where people migrate in large numbers in search of employment poverty forces them to find shelter in slums and jj clusters it is the duty of the concerned state governments to provide basic facilities in such areas however, sometimes jj clusters come upon government land which is meant for other important purposes their clearance is also necessary in larger public interesthence this billsuresh pachouri financial memorandumclause 4 of the bill provides that competent authority shall carry out works of improvement in slums and jj clusters clause 5 provides for health care facilities in slums the bill, if enacted, will involved expenditure from the consolidated fund of india it is estimated that a sum of five hundred crore rupees will involve as recurring expenditure per annuma sum of rupees one hundred crores will also involve as non-recurring expenditure memorandum regarding delegate legislationclause 9 of the bill empowers the central government to make rules for the purposes of this bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character————abillto provide for the basic minimum amenities of water, electricity, sanitation and health facilities in slums and jhuggi-jhopri clusters and for the clearance of such areas in larger public interest and for matters connected therewith or incidental thereto————(shri suresh pachouri, mp)

Parliament_bills

11a243bc-e8f6-548d-a7df-3ecca207d6ae

bill, 1969 (to be/as intrqduced in lok sabha)1 in the titlep~ f'":t' "g8!"2raj" read "central" --~ 2 page 2, line 15,-for "sha 1" read "sha 11" --3 page 3, line 33, -for "section 126;" read "section 21a" --4 page 11, line 8,-for "employees'" read "employers' " -5 page 11, line 15, -i2!: it ext ract " read "ext ract s " -6 page 13, line 18,-for "extracts" ~ "extract" -new delhi; auaust 1~ 196~ • ~ bill no 71 , 1_ the general labour laws (extension to jammu and kashmir) bill (969 a billto provide for the extension of certain central labour laws to the state of jammu and kashmir be it enacted by parliament in the twentieth year of the republic of india as foilows:-1 (1) this act may be called the central labour laws (extension to jammu and kashmir) act, 1969 short title and com mejlce ment (2) it shall come into force on such date as the central government - may, by notification in the official gazette, appoint 2 (1) the acts mentioned in the schedule aad all rujea, orclers, rep lations and sehemes made thereunder by the central goverament are bereby extended to, and shall be in force in, the state of jammu and 10 kuhmir extealion add amendmentor certain labour laws (2) with -eet from the conuneacement of this act the ada m_· tioned in the schedule shad be amended as sperifted thereln 3 any reference in any act mentioned in the schedule to a law which is not in force in the state of jammu and kashmir shall, in relation to that state, be construed as a reference to the corresponding law, if any, in force in that state codltruc tionof references to law not in force in jammu and kashmir 4 any reference by whatever form of wordb ht any law for the time s being in force in the state of jammu and kashmir to any authority competent at the date of the passing qf that law to exercise an, powers or discharge any functions in that state shall, where a corresponding new authority has been const:tuted by or under any law now extended to that state, have effect as if it were a reterence to the new authority 10 construction of referedces toauthoritie8 wbere ne authoritieaban ~coiltituted repeals and vin 5 if immediately be£orc the comman~m~nt of this act there is in force in the state of jammu and kashmir any law corresponding to any act now extended to that state, that law shall, save as otherwise ex· pressly provided in this act, stand repealed on such commencement: provided that the repeal sha1 not atfect-is (4) the previous operation of any law so repealed or anythinl duly done or suffered ths"eunder, (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, (e) any penalty, forfeiture or punishment incurred in respect 20 of any oftence committed against any law so repealed, or (d) any investigation, legal proceeding or remedy in respect of oy such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proc:eeding or remedy may be instituted, 2s continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this act had not been passed: provided further that, subject to tile preceding provi~, anything done or any action taken (including any appointment or delegation made, notification, instruction or direction istiued, form, bye-law or scheme 30 framed, certificate obtained, permit or licence granted or registration e1fectcd) under any such law shall be deemed to have been done or taken wlder u,e c:jrresponding provisions of the act now extended to that state, and shall continue to be in force accordingly unless and until superseded by anything done or aay action taken under the said act 35 power to remove cwilculties 8 (1) if any dillculty arises in giving effect to the provisions of ally act now extended to the state of jammu and kashmir, the central government may, as occasion may require, by order qiltifted in the official gazette, make such provisions or give such directions, not inconsi'stent with the provisions of such act, as appear to it necess8py for the 40 nmoval of the di!ftculty: provided tbat 00 such order shall be made under this section after the ~xptration of two years from the date on which this act comes into forn ,e;; (2) in particular, and without \li'ejudice to the generality of the toregoing pgwer, any such notified ore&' msy-(4) specify the corl'elponding authorities within the meaniq of section 4, 5 (b) proviae for the transfer ef any matter pending immediately 'before the commencement of this act before any court, tribunal or ether authority, to any corresponding court, tribunal of oth6r authority for disposal, 10 (c) specify the areas or circumstances in which, or the extent to which, or the conditions subject to which, anything dooe or an;, ac:tion taken (including any of the matters specified in the secona proviso to section a) under afty law repealed by that section shall be recognised or give aftec:t to under the corresponding provision of the act now extentled the schedule (sff seetion 2) acts the workmen's compensation act, 1923 (8 of 1923)20 section 1-ln sub-sectio's (2), omit "except the state of jammu end kashmir" section 3-ia sub-retion ('i), omit "within the state or the territories to which this act extends, as the case may be," the tradb unions act ]92625 (16 f)f 1926) section i-in sub-section (2), omit "except the state of jammu anci kashmir" section l6-after sub-section (2), insert-"(2a) in its application to the state of jammu and kashmir, 30 references in sub-section (2) to any legi~lative body constltuted under the consatuti<m shall be construed as including refeiledces to the legislature of that state" section l2a: -after sub-section (2), insert-"(3) in its application to the state of jammu and kashmir, 35 reference in sub-section (2) to the commencement of the indian trade unions (amendment) act, 19m, shall be construed as reference to the commencement of this act in the said state" the children (pledging of labour) act" 1933 (2 of 1933) 40 section i-in sub-section (2), omit "except the state of jammu and kashmir" the payment of wages act, 1936 (4 of 1986) section 1-in sub-section (2), omit "except the state of jammu and 45 kashmir" tile employers' liability act, 1938(34 0' 1938) sttrion i-in sub-section (2), omit "except the state of jammu and kashmir" tile employment of children act, 1938 (26 of 1938)section i-in sub-section (2), omit "except the state of jammu and kaahmir" section 3b-re~number section 3b as sub-section (1) of that section s and after sub-section (1) as so re-numbered, insert-"(2) in its application to the state of jammu and kashmir, reference to the 1st day of october, 1939, shall be conltrued as refer· ence to the commencement of this act in the said state"; 10 the weekly holidays act, 1942 (18 of 1942) section i-in sub-section (2), omit "except the state of jammu and kaslunir" the industrial employment (standing orders) act, 1946 (20 of 1948) ) 5 section i-in sub-section (2), omit "except the state of jammu and kashmir" the industrial disputes act, 1947 (14 of 1947)seetion i-in sub-section (2), omit the proviso the coal mines labour welfare fund act, 1947 (32 of 1947) section i-in sub-section (2), omit "except the state of jammu and kashmir" 2s the mlnimum wages act, 1948 (11 of 1948)section i-in sub-section (2), omit "except the state of jammu and kashmir" the employees' state insurance act, 1948 (34 of 1948)30 section i-in sub-section (2), omit "except the state of jammu and kashmir" the coal mines provident fund and bonus schemes act, 1948 (46 of 1948)section 1-ln sub-section (2), omit "except the state of jammu and 35 kashmir" tite factories ajet, 1948 (63 of 1948) section 1-in sub-section (2), omit "except the state of jammu and kashmir" the working journalists (conditions of service) and misce1laneous provisions act, 1955 (45 of 1955) section i-in sub-election (2), omit "except the state of jammu and kashmir", the employment exchanges (compulsory nonncanon of' vacabcus) act, 1959(31 of 1959) section ] ,-in sub-section (2), omit "except the state of jammu and s kashmir", the mo'l'or transport workers act, 1961 (27 of 1961)section 1-(a) in sub-section (2), omit "except the state of jammu and kashmir" 10 (b) to sub-section (3), add-"provided that it shall come into force in the state of jammu and kashmir on the commencement of the central labour laws (e"tension to jammu and kashmir) act, 1969,", the maternity benefit act, 1961 (53 of 1961)15 section 1-1n sub-section (2), omit "except the state of jammu and kashmir" the payment of bonus act, 1965 (21 of 1965)20 section 1-(a) in sub-section (2), omit "except the state of jammu and kashmir" ( b) to sub-section (4) add-"provided that in relation to the state of jammu and kashmir, the reference to the accounting year commencing on any day in the year 1964 and every subsequent accounting year shall be construed as reference to the accounting year commencing on any day in the year 1968 and every subsequent accounting year" statement of objects and reasonsin order to secure uniform application of the various labour laws to the whole of india, it has been decided, with the concurrence of the government of jammu and kashmir, to extend certain labour jaws to that state hence the bill new delhi; the 18th may 1869 jaisukhlal hathi clause 2 of the bill seeks to extend to the state of jammu and kashmir the 19 central labout' acts mentioned in the schedule to the bill the extension of some of these acts to that state will involve expenditure from the consolidated futld of india to the extent the central government is responsible for the administration of these acts in the industrial establishments falling under· the central sphere fot example, the chief labour commissioner (central) is responsible for the enforcement of the provisions of-1 the trade unions act, 1926 2 the payment of wages act, 1936 3 the employment of children act, 1938 4 the industrial employment (standing orders) act, 1946 5 the industrial disputes act, 1947 6 the minimum wages act, 1948 7 the coal mines provident fund and bonus schemes act, 1948 (in so far as coal mines &nus schemes are concerned) 8 the payment of bonus act, 1965 sinularly the coal mines welfare commissioner is respo~ble for the administration of the co!l mines labour welfare fund act, 1947 the organisation of the coal mines provident fund administers the provident fund of employees in coal mines and ancillary industries under the provisions of the coal mines provident fund and bonus schemes act, 1948, in so far as it relates to coal mines provident fund schemes the maternity benefits act, 1961, is administered by the coal mines welfare commissioner in the coal mines and by the chief inspector of mines in the other mines rs 15,000 rs 7,800 rb 20,000 rs 7,200 2 to the extent possible, the existing machinery of the central government for the enforcement of the various labour laws, where the responsibility for their administration vests in the central government, will be utilised it will, however, be necessary to strengthen the organisation of the chief labour commissioner (central) and to set up in the state of jammu and kashmir an office of the assistant labour commissioner (central) and an office of labour enforcement officer (central) with some staff this will involve creation of a few additional j)osts in-,voiving, on an average, an annual recurring expenditure of about rs 50,000 as per details given below:-pay of establishment allowances and honoraria contingencies the expenditure likely to be incurred during the ctirrent linagcial yelli; will roughly be rs 10,000 the position regarding the actual staff requirements however will be known only after a clear picture emerges regarding the work load involved 3 in the case of the otht'!r organisations of the central government, separate whole-time staff may not be required for some time, but the oft\cers of the enforcement machinery will have to visit the industrial establishments with which the central government is concerned three or four times a year and on this account, a< recurring expenditure of rs 5,000 per annum on travelling allowances of officers is expected to be incurred the expenditure durinb the current financial 'year is not expected to exceed rs 1,000 4 the extension of the acts to the aforesaid state of jammu and kashmir will, thus, involve the central government in an approximate recurring expenditure of rs 55,000 per annum in so far as the current financial year is concerned, a sum of roughly rs 11,000 will be required iiemorandum regarding delegated legislationclause 6 of the bill empowers the central government to provide by order notified in the oftlcial gazette for the removal of difficulties that may arise in giving effect to its provisions the bill seeks to extend various acts to the stalte of jammu and kashmir and it is the normal practice to insert in bills, extending enactments to territories, a provision for the removal of difficulties which may arise in the course of transition from the old to the new state of affairs clause 6(2) of the bill indicates the principal maltters in respect of which orders j1lay be lisued the delegation of legislative power, in the circumstances, is of iiormal character (8 of 1923) - - - - - - cflapter i przt,lminally shert title, extejlt and eom-menee-jilent employer's liability for compensation - 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and xashmjr - - - - - - chapl'er ii workmen's compensation 3 - - - - - - (3) the state government in the case of employments specifted in part a and part b of schedule iii, and the central government in the case of employments specified in part c of that schedule, after giving, by notification in the ofticial gazette, not less than three months' notice of its intention so to do, may, by a like notification, add any description of employment to the employments specified in schedule iii, and shall specify in the case of employments so added the diseases which shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively, and thereupon the provisions of sub-section (2) shall apply within the state or the territories to which this act extends, as the case may be, as if such diseases had been declared by this act to be occupational diseases peculiar to those employments ~ ,-- - - - • - • extract from the trade unions act, 1926 (16 of 1926) - • - chapter i pulimlnaity •1 (i) - - - - - (2) it extends to the whole af india except the state of jammu and kashmir - - - - - - short title, extent and commence met extract nom the children (pledging of labour) act, 1933 (2 of 1933) - - - - - - 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and kashmir - - - - - - short title, exteat and com menel meat 10 - - - - - - 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and ka~ - - - - - - short title, extent, cemmencamentand application extract from the ~~ploy'~' liability act, 1~8(24 of 1938) - - - - - - short title add extent 1 (1) - - - - - - (2) it extends to the whole of india except the state of j~~\l ~d kashmir - - - - - - extract from the employment of childrbn act, 1938(26 of 1938) - - - - - - 1 (1) - - - - - - short title an extent (2) it extends to the whole of india except the state of jammu and kashmir - - - - - 3b before work in any of the processes set forth in the schedule is carried on in any workshop after the 1st day of october, 1939, tli~~ occ6-pier shall send to the inspector, within whose local limits the workshop is situated, a wr~tennptice cqntainpls-(a) the name and situation of tqe workshop, notice to inspector before clu'l')'inl on work in certain procelles (b) the name of the person in actual management of ~ work-~, (c) the address to which communications relatini to the workshop should be, sent, and (d) the nature of the processes to be carried on in the wprkshop - - - - - - ex'l'ract from the weekly holidays act, 1942 , "'-:,"nr (18~1' 1~) - - - - - - 1 (1) - - - - - - short title, extent andcojll- :; ment; (2) it extends to the whole of india except the state of, jammu and kashmir - - - - - - extract from the industrial emplo'yliont (s'rajn>ino 0-) aj:r, 194:& (20 or 1946) - short title, extent andappli-cation - 1 (1) - - - - - (2) it extends to the whole of india except the state of jauunu and kashmir - - - - - - extract from the industrial disputi's act, 1804"1 (14 of 1947) - - chapter i1 (1) preliminary - - - - (2) it extends to the whole of india: short title, extent and commencement provided that it shall not apply to the state of jammu and kashmir except to the extent to which the provisions of this act relate to btduatrial disputes concerning workmen employed under the government of india - - - - - short title, extent and commence-ex'11lact from me coal mines labour wklfaae fund act, 1i47 (32 of 1947) - - - - - - 1 (1) - - - (2) it extends to the whole of india except the state of jammu and kashmir - - - - men~ 1 (1) extract from 'l'he minimum w agi:s act, 1mb (11 or 1948) - • - •short title and extent - (2) it extends to the whole of india except the state of jammu and kashmir - - - - - - extract from the empioyas' stat'lil instlaancii acr, ims (34 or 1948) - •- - 1 (1) - - - - chapter i prw imjlfa8y - - - - (2) it extends to the whole of india except the state of jammu and kashmir - - - - - - short title, extent, commencement andappu-catton short title and extent 1948 (46 01' 1948) - - - - - - 1 (1) - - - - - (2) it extends to the whole of india except the state of jammu and kashmir - - - - - - extract from the factories act 1948 (63 01' 1948) - - - - - chapter i preliminary1 (i) - - - - - - (2) it exwnds to the whole of india except the state of jammu and kashmir -~ - - - - - - silert title, extent and com mencement extracts from the working journalists (conditions 01' suvice) and miscellaneous provisions ar:r 1955 (45 or 1955) - - - - - - chapter i preliminaryshort title-nd extent 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and kashmir • ~_c l - - - - - - extrar:r from the employment exchanges (compulsory notification 01' v acanci&9) act 1959 (31 01' 1959) - - - - - - 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and kaahmir - - - - - - short title, extent and com menoe ment extract from the motor transport wojldr8 act 1961 (27 of 1961) - - - - - - chapter i prbliminaiiy1 (1) - - - - - (i) it extends to the whole of india except the state of jammu and kubm1r short title, extent, commence mentand appu-catton, (3) it ~ come into force on such date, not being later than the31al day of march, 1962, as the central government may, by notification in the officikl gazette, appoint ai¥l ~ez;eijt dates may be appointed for different states - - - - - - 1 (1) e4~'l'jk\c!l' fl\o~,~ ~~ty b~, ~t :~1 (53 of 1961) - - - - - - - - - - - - (2) it extends to the whole ,qf i!l~ wept the state of jammu and kaahmir - - - - - - short titl, extent and com mence· mento 1 (1) ex'lltacts from thepa~of bonus act, 1965 (21 of 1965) , - - - - - - - - - ~rt title, extent andappli cation - - (2) it extends to the whole of india except the state of j ammu and ~~ - - - - - - (4) save as otherwise provi~ed in this act, the provisions of this act shall, in relation toa factory mother establishmgllt to which this act applies, have effect in respect of the accounting year commencing on any day in the year 1964 and in respect of every subsequent accol1nting year - - - ai - - a bnl to provide for the extension of certain central labour laws to the state of jammu and kashmir (shri jai sulch lal hathl, minister of labour and rehabilitation)

Parliament_bills

dfc45f5d-d8f5-5750-9390-13900047342f

bill no 113 of 2018 the national poverty alleviation fund bill, 2018 by dr boora narsaiah goud, mp abillto provide for the constitution of the national poverty alleviation fund and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the national poverty alleviation fund act, 2018short title and extent(2) it extends to the whole of indiadefinitions5 2 in this act, unless the context otherwise requires,—(a) "absolute poverty" means the condition of the household below the foodthreshold level;10(b) "basic sectors" means the disadvantaged sectors including farmers, artisans,workers in the formal sector and migrant workers, workers in the informal sector, women, persons with disabilities, senior citizens, victims of calamities and disasters, youth and students, children and urban poor;(c) "fund" means the national poverty alleviation fund constituted under section 3;5(d) "human development index" means the measure of performance of a country based on three outcomes of development namely, the state of health (measured by life expectancy at birth), the level of knowledge and skill (measured by a weighted average of adult literacy and enrollment rates) and the level of real income per capita, adjusted for poverty considerations as social indicators of the citizen's ability to lead a long and healthy life, to acquire knowledge and skills, and to have access to the resources needed to afford a decent standard of living highlihting;1021 of 1860(e) "non-governmental organizations" means any organization registered under societies registration act, 1860 focused on the upliftment of the basic sectors of society by providing advocacy, training, community organizing, research, access to resources, and other similar activities;(f) "poor person" means a person or a group of persons,—15(i) living below the national or regional poverty line prescribed by the central government or the state governments concerned, as the case may be, as per necessity, from time to time;(ii) marked backward on the basis of human development index; and (iii) excluded from the national development process on the grounds of particular gender or social group;20(g) "poverty alleviation" means the reduction of absolute poverty and relative poverty;(h) "prescribed" means prescribed by rules made under this act; (i) "relative poverty" means the gap between the rich and the poor;25(j) "self-help groups" means informal associations of people who choose to come together to find ways to improve their living conditions;(k) "social mobilization" means the process to eradicate poverty of particular group or community by increasing awareness and to enable them to participate in decision making process in organized or collective way and to build up their skill and capacity;30(1) "urban poor" means individuals or families residing in urban centers and urbanizing areas whose income or combined household income falls below the poverty threshold and/or cannot afford in a sustained manner to provide their minimum basic needs of food, health, education, housing and other essential amenities of life;35(m) "workers in the formal sector" means workers in registered business enterprises who sell their services in exchange for wages and other forms of compensation;40(n) "workers in the informal sector" means poor individuals who operate businesses that are very small in scale and are not registered with any national government agency, and to the workers in such enterprises who sell their services in exchange for subsistence level wages or other forms of compensation; and(o) "youth" means any person who has attained the age of fifteen years but has not attained the age of twenty-nine years453 (1) the central government shall, by notification in the official gazette, constitute a fund to be known as the national poverty alleviation fund for carrying out the purposes of this actconstitution of the national poverty alleviation fund(2) the central government and the state governments shall contribute to the fund in such proportion as may be prescribed50(3) such other sums as may be received by way of donation, contribution or assistance or otherwise shall also be credited to the fund4 (1) the central government shall set up a national poverty alleviation board for the purpose of administering the fund(2) the board shall consist of—(i) a chairperson, to be appointed by the central government;constitution of the national poverty alleviation board for administering the fund5(ii) one representative each of the union ministries of agriculture, labour, social justice and empowerment, rural development, women and child development and finance;(iii) one representative of the niti aayog; (iv) one representative of every state government;10(v) three members representing the non-governmental organisations,self-help groups and labour unions to be appointed by the central government in such manner as may be prescribed;(vi) the secretary of the union ministry of housing and urban affairs who shall be ex-officio secretary to the board;15(3) the central government shall provide to the board such number of officers and staff as may be required for its efficient functioning(4) the salary and allowances payable to and other terms and conditions of service of chairperson, members, officers and staff of the board shall be such as may be prescribedduties of the board5 (1) the board shall formulate policies and guidelines regarding welfare of the poor person, household or community20(2) the board shall utilize the fund for the following purposes:—(i) income generation, skill development, employment creation and production growth in different sectors such as agriculture, livestock, cottage and small industry based on local resources and raw materials;(ii) improving primary health and literacy;25(iii) imparting technical education, providing employment training for youth; (iv) providing small irrigation, facilities of drinking water, sanitation, rural road, rural energy and environment to render support for poverty alleviation as per necessity; and30(v) imparting training, organising seminar and field visit to build up thecapacity of the person, household, community institution and staffs involved through the medium of social mobilization for conducting poverty alleviation programmesurvey of poor persons356 (1) every state government and the union territory administration, as the case may be, shall conduct a district-wise survey, in such manner and with such details of all poor persons, household or community within their respective jurisdictions and cause the same to be published in such manner and form, as may be prescribed(2) any complaint or objection relating to inclusion or omission of name of any poor person, household or community shall be addressed to the district magistrate concerned who shall, after due inquiry, decide upon the rectification of the records(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for,—(a) the manner in which the fund may be applied; (b) the conditions governing the grant of loans or subsidy;5(c) the conditions governing grant-in-aid; (d) the standard of welfare measures and facilities to be provided out of the fund;10(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 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 reasonspoverty refers to a situation when people are deprived of the basic necessities of lifeit is often characterized by inadequacy of food, shelter and clothes in other words, poverty refers to a state of privation where there is a lack of essential needs for subsistence many people in india do not get two square meals a day they do not have good dwelling units to live in their children do not get proper basic educationpoverty is a widespread condition in india since independence, poverty has been a concern of every successive government the percentage of persons below the poverty line in 2011-12 has been estimated as 257 per cent, in rural areas and 137 per cent, in urban areas india is home to twenty two per cent, of the world's poor persons two hundred and sixty million people in the country do not have income to access a consumption basket eradication of poverty would ensure a sustainable and inclusive growth of economy and societyit is necessary to uplift economic and social status of the poor persons, household or community through social mobilization to ensure their access to the basic services and facilities and to enable them to utilize it there is also a need to build up their capacity so that they can exercise their right and actively participate in the decision making process the need is also to do everything possible and within our limits to alleviate poverty from our country reduction of poverty in india is vital for the attainment of international goalsit is imperative to establish a fund for funding and implementation of various programmes related to poverty alleviation through active participation of poor and backward class of society and by providing grant and necessary assistance to the institutions involved in the activities for poverty alleviationhence this billnew delhi;boora narsaiah goudmarch 27, 2018 financial memorandumclause 3 of the bill provides for the constitution of a national poverty alleviation fund to which the central and state governments shall contribute funds in such proportion as may be prescribed clause 4 provides for the constitution of a board to administer the fund clause 5 provides for the utilisation of fund for income generation, skill development, promotion of literacy etc clause 6 provides for conducting of district-wise survey of all the poor persons, households or community covered under poverty alleviation the expenditure relating to states shall be borne out of the consolidated funds of the respective states however, the expenditure in respect of union territories shall be borne out of the consolidated fund of india the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees twenty thousand crore will be involveda non-recurring expenditure of about rupees twenty-five thousand 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———— a billto provide for the constitution of the national poverty alleviation fund and for matters connected therewith or incidental thereto————mgipmrnd—294ls(s3)—10-07-2018

Parliament_bills

d316aacc-02a2-565b-8613-46daed8e8244

bill no 53 of 2015 the electricity (amendment) bill, 2015by shri feroze varun gandhi, mp a billfurther to amend the electricity act, 2003be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 this act may be called electricity (amendment) act, 2014short title36 of 20032 in the electricity act, 2003, in section 135,—amendment of section 1355(a) in the sub-section (1), for the first proviso, the following proviso shall be substituted, namely:—"provided that in a case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use—5(i) does not exceed 5 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity or rupees fifty thousand, whichever is higher, and in the event of second or subsequent conviction the fine imposed shall not be less than six times the financial gain on account of such theft of electricity or rupees one lakh, whichever is higher;10(ii) exceeds 5 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity or rupees seventy five thousand, whichever is higher, and in the event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months, but which may extend to five years and with fine not less than six times the financial gain on account of such theft of electricity or rupees one lakh and fifty thousand, whichever is higher:"; and (b) in sub-section (1a), the following proviso shall be added at the end, namely:—15"provided also that five per cent of the deposit or payment shall be equally given as additional benefit to the officers of the licensee of supplier, as the case may be, who were part of the inspection team" statement of objects and reasonsthe electricity sector in india has an installed capacity of about 250 gw and accounts for 5% of global electricity production, being surpassed only by 7 china and the united states of america however, our impressive electricity generation record is tarnished by the lossess suffered while transmitting power to the end consumer incurred in the form of aggregate technical & commercial loses (at&c losses) which range from 30-50% depending upon the geographical region and the surveying agency concerned reputed independent agencies like the energy research institute (teri) have pegged the at&c loss in some areas to as high as 60%, which are among the highest in the world comparable figures in other major countries range from 4% in japan and germany to 6%-8% (china, europe and usa)at a plf of 60% and at&c loss of 30%, india loses 45 gw of electricity if the at&closses are restricted to 15% approximately, 23 gw of electricity shall be available to other sectors, bringing in immense benefits in the indian economythe high fraction of at&c losses, coupled with insufficient or no tariff revision, have plunged the financial health of the state electricity boards (seb's) consequently, it has become increasingly difficult for seb's to service their debt and lenders have become wary in terms of lost revenue thus, plugging of these thefts shall reduce lost revenue, lessen blackouts and stabilize the financial health of the seb'smeanwhile, the officers of the licensee or supplier (as applicable) are also encouraged and incentivized to conduct frequent raids and curtail electricity theftthe case of gujarat electricity board (geb), which made and annual profit of rupees550 crore in financial year 2000-01 is a glaring example of the beneficial effects of curtailing electricity theftsthe present bill, therefore, seeks to amend the electricity act, 2003 with a view to impose penalty on the consumer practicing theft of electricity and causing loss of revenue and posing energy crisis in the countrythe bill also proposes to give five per cent of the fine deposited for theft of electricity as additional benefit to the officers of the licensee or supplier so as to incentivize efficient crackdown of theft of electricity part xiv offences and penalties 135 (1) whoever, dishonestly,—theft of electricity(a) taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee or supplier as the case may be; or(b) (c) (d) (e) provided that in a case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use—(i) does not exceed 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction the fine imposed shall not be less than six times the financial gain on account of such theft of electricity;(ii) exceeds 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months, but which may extend to five years and with fine not less than six times the financial gain on account of such theft of electricity: (1a) without prejudice to the provisions of this act, the licensee or supplier, as the case may be, may, upon detection of such theft of electricity, immediately disconnect the supply of electricity:provided that only such officer of the licensee or supplier, as authorised for the purpose by the appropriate commission or any other officer of the licensee or supplier, as the case may be, of the rank higher than the rank so authorised shall disconnect the supply line of electricity:provided further that such officer of the licensee or supplier, as the case may be, shall lodge a complaint in writing relating to the commission of such offence in police station having jurisdiction within twenty four hours from the time of such disconnection:provided also that the licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provisions of this act, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to this clause, restore the supply line of electricity within forty-eight hours of such deposit or payment ———— a billfurther to amend the electricity act, 2003————(shri feroze varun gandhi, mp)

Parliament_bills

2904a188-2162-532a-808a-db1e705bbbcc

as introduced in the rajya sabha bill no lxii of 2012 the child labour (prohibition and regulation) amendment bill, 2012 a billfurther to amend the child labour (prohibition and regulation) act, 1986be it enacted by parliament in the sixty-third year of the republic of india as follows:—short title and commencement1 (1) this act may be called the child labour (prohibition and regulation) amendment act, 20125(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of long title61 of 19862 in the child labour (prohibition and regulation) act, 1986 (hereinafter referred to as the principal act), for the long title, the following shall be substituted, namely:—10"an act to prohibit the engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes and the matters connected therewith or incidental thereto"amendment of short title61 of 19863 in section 1 of the principal act, in sub-section (1), for the words, brackets and figures "the child labour (prohibition and regulation) act, 1986", the words, brackets and figures "the child and adolescent labour (prohibition and regulation) act, 1986" shall be substituted54 in section 2 of the principal act,—amendment of section 2(a) clause (i) shall be renumbered as clause (ia) thereof and before clause (ia) as so renumbered, the following shall be inserted, namely:—'(i) "adolescent" means a person who has completed his fourteenth year of age but has not completed his eighteenth year;'; (b) for clause (ii), the following clause shall be substituted, namely:—1035 of 2009'(ii) "child" means a person who has not completed his fourteenth year of age or such age as may be specified in the right of children to free and compulsory education act, 2009, whichever is more;'5 for section 3 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 3"3 no child shall be employed or permitted to work in any occupation or process:15prohibition of employment of children in any occupation and processprovided that nothing in this section shall apply where the child helps his family after his school hours or helps his family in fields, home-based work, forest gathering or attends technical institutions during vacations for the purpose of learning, but does not include any help or attending technical institutions where there is subordinate relationship of labour or work which are outsourced and carried out in home"206 after section 3 of the principal act, the following section shall be inserted, namely:—insertion of new section 3a"3a no adolescent shall be employed or permitted to work in any of the hazardous occupations or processes set forth in the schedule"prohibition of employment of adolescents in certain hazardous occupations and processesamendment of section 4257 in section 4 of the principal act, for the words "add any occupation or process to the schedule", the words "add to, or, omit from, the schedule any hazardous occupation or process" shall be substituted8 part iii of the principal act shall be omittedomission of part iii9 in section 14 of the principal act,—amendment of section 14(a) for sub-section (1), the following sub-sections shall be substituted, namely:—30"(1) whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years' or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both:35provided that the parents or guardians of such children shall not be punished unless they permit such child for commercial purposes in contravention of the provisions of section 340(ia) whoever employs any adolescent or permits any adolescent to work in contravention of the provisions of section 3a shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both:provided that the parents or guardians of such adolescent shall not be punished unless they permit such adolescent to work in contravention of the provisions of section 3a"; (b) in sub-section (2),—5(i) for the word and figure "section 3", the words, figures and letter, "section3 or section 3a" shall be substituted;(ii) for the words "six months but which may extend to two years", thewords "one year but which may extend to three years" shall be substituted;(c) clauses (a), (b) and (c) of sub-section (3) shall be omitted1010 after section 14 of the principal act, the following section shall be inserted, namely:—insertion of new section 14aoffences to be cognizable"14a notwithstanding anything contained in the code of criminal procedure,1973, every offence punishable under this act shall be cognizable"2 of 197411 after section 17, the following sections shall be inserted, namely:—insertion of new sections 17a and 17b15district magistrate to implement the provisions20"17a the appropriate government may, confer such powers and impose such duties on a district magistrate as may be necessary, to ensure that the provisions of this act are properly carried out and the district magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer as may be prescribedinspection and monitoring17b the appropriate government shall, make or cause to be made periodic inspection of the places at which the employment of children is prohibited and hazardous occupations or processes are carried out at such intervals as it thinks fit, and monitor the issues, relating to the provisions of this act"25amendment of section 1812 in section 18 of the principal act, in sub-section (2), for clauses (b), (c) and (d), the following clause shall be substituted, namely:—"(b) the powers to be exercised and the duties to be performed by the officer specified and the local limits within which such powers or duties shall be carried out under section 17a"3013 in the principal act, for the schedule, the following schedule shall be substituted, namely:—substitution of new schedule for the schedule 'the schedule (see section 3a)35(1) mines (2) inflammable substances or explosives (3) hazardous process63 of 1948explanation—for the purposes of this schedule, "hazardous process" has the meaning assigned to it in clause (cb) of the factories act, 1948' statement of objects and reasonsthe child labour (prohibition and regulation) act, 1986 provides for prohibition of the engagement of children in certain employments and for regulating the conditions of work of children in certain other employments2 section 3 of the said act, inter alia, provides that employment of children below the age of fourteen years is prohibited in any of the occupations or processes specified in the schedule to the said act section 6 of the said act provides that the provisions of part iii of the act (which relates with the regulation of conditions of work of children) shall apply to an establishment or a class of establishments in which none of the occupations referred to in section 3 is carried on3 it is proposed to prohibit employment of children in all occupations and processes to facilitate their enrolment in schools in view of the right of children to free and compulsory education act, 2009 and to prohibit employment of adolescents (persons who have completed fourteenth year of age but have not completed eighteenth year) in hazardous occupations and processes and to regulate the conditions of service of adolescents in line with the ilo convention 138 and convention 182, respectively4 the provisions of the bill, inter alia, provide for—(i) the amendment of the long title of the said act in view of the proposed provision to prohibit employment of children below fourteen years in all occupations and processes and the proposed provision to prohibit employment of adolescents (persons who have completed fourteenth year of age but have not completed eighteenth year) in hazardous occupations and processes set forth in the proposed schedule;(ii) the amendment of the short title of the said act in view of the insertion of the proposed new definition of "adolescent" whose employment in hazardous occupations and processes is also proposed to be prohibited;(iii) the insertion of a new definition of "adolescent" that means a person who has completed his fourteenth year of age but not completed his eighteenth year in section 2 of the said act;(iv) the amendment of the definition of "child" to provide that child means a person who has not completed his fourteenth year of age or such age as may be specified in the right of children to free and compulsory education act, 2009, whichever is more;(v) the amendment of section 3 of the said act to prohibit employment of children in all occupations and processes except where the child helps his family after his school hours or helps his family in fields, home-based work, forest gathering or attends technical institutions during vacations for the purpose of learning, but does not include any help or attending technical institutions where there is subordinate relationship of labour or work which are outsourced and carried out in home;(vi) the insertion of a new section 3a to prohibit employment of adolescents in any hazardous occupations and processes specified in the proposed schedule;(vii) the amendment of section 4 of the said act to empower the central government to add or omit any hazardous occupations and processes from the schedule to the proposed legislation;(viii) the omission of part iii of the said act in view of the prohibition of employment of children below fourteen years of age in all occupations and processes;(ix) the amendment of sub-section (1) of section 14 to enhance the punishment from imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees, to imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both, for employment or permitting any children to work in any occupations or processes in contravention of section 3 however, the parents or guardians of such children shall not be liable for such punishment unless they permit such children for commercial purposes;(x) the insertion of new sub-section (1a) in section 14 to provide punishment of imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both for employment or permitting to work any adolescent in any hazardous occupations or processes however, the parents or guardians of such adolescents shall not be liable for punishment unless they permit such adolescents to work in contravention of the provisions of section 3a;(xi) the amendment of sub-section (2) of section 14, which provides punishment for the convicted offender who commits a like offence afterwards, to enhance the minimum punishment existing therein from six months to one year and maximum punishment from two years to three years;(xii) the insertion of a new section 14a to provide that the offences under the proposed legislation shall be cognizable notwithstanding anything contained in the code of criminal procedure, 1973;(xiii) the omission of the provisions of clauses (a) and (b) of sub-section (3) of section 14 of the act in view of the prohibition of the employment of children below fourteen years in all occupations and processes;(xiv) the insertion of new section 17a to empower the appropriate government to confer such powers and impose such duties on a district magistrate as may be necessary to ensure that the provisions of the proposed legislation are properly carried out and to empower the district magistrate to specify the officer subordinate to him who shall exercise all or any of the powers and perform all or any of the duties so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer in accordance with the rules made by the appropriate government;(xv) the insertion of new section 17b which empowers the appropriate government to make periodic inspection or cause such inspection to be made, of the places at which the employment of the children is prohibited and the hazardous occupation or process are carried out, at such intervals as it thinks fit and monitor the issues relating to the provisions of the act; and(xvi) the substitution of the existing schedule to the act by new schedule in view of the prohibition of children in all occupations and processes and regulation of employment of adolescents in hazardous occupations and processes 5 the bill seeks to achieve the above objectivesnew delhi;mallikarjun khargethe 21st november, 2012 annexure extracts from the child labour (prohibition and regulation) act, 1986 (61 of 1986) an act to prohibit the engagement of children in certain employments and to regulate the conditions of work of children in certain other employments part i preliminary1 (1) this act may be called the child labour (prohibition and regulation) act, 1986 short title, extent and commencement2 in this act, unless the context otherwise requires,—definitions (ii) "child" means a person who has not completed his fourteenth year of age; part ii prohibition of employment of children in certain occupations and processes3 no child shall be employed or permitted to work in any of the occupations set forth in part a of the schedule or in any workshop wherein any of the processes set forth in part b of the schedule is carried on:prohibition of employment of children in certain occupations and processesprovided that nothing in this section shall apply to any workshop wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, governmentpower to amend the schedule4 the central government, after giving by notification in the official gazette, not less than three months' notice of its intention so to do, may, by like notification, add any occupation or process to the schedule and thereupon the schedule shall be deemed to have been amended accordingly part iii regulation of conditions of work of childrenapplication of part6 the provisions of this part shall apply to an establishment or a class of establishments in which none of the occupations or processes referred to in section 3 is carried onhours and period of work7 (1) no child shall be required or permitted to work in any establishment in excess ofsuch number of hours as may be prescribed for such establishment or class of establishments(2) the period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has had an interval for rest for at least one hour(3) the period of work of a child shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day(4) no child shall be permitted or required to work between 7 pm and 8 am (5) no child shall be required or permitted to work overtime(6) no child shall be required or permitted to work in any establishment on any day on which he has already been working in another establishmentweekly holidays8 every child employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three monthsnotice to inspector 9 (1) every occupier in relation to an establishment in which a child was employed or permitted to work immediately before the date of commencement of this act in relation to such establishment shall, within a period of thirty days from such commencement, send to the inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely:—(a) the name and situation of the establishment; (b) the name of the person in actual management of the establishment; (c) the address to which communications relating to the establishment should be sent; and(d) the nature of the occupation or process carried on in the establishment(2) every occupier, in relation to an establishment, who employs, or permits to work, any child after the date of commencement of this act in relation to such establishment, shall, within a period of thirty days from the date of such employment, send to the inspector within whose local limits the establishment is situated, a written notice containing the particulars as are mentioned in sub-section (1)explanation— for the purposes of sub-sections (1) and (2), "date of commencement of this act, in relation to an establishment" means the date of bringing into force of this act in relation to such establishment(3) nothing in sections 7, 8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, governmentdisputes as to age10 if any question arises between an inspector and an occupier as to the age of any child who is employed or is permitted to work by him in an establishment, the question shall, in the absence of a certificate as to the age of such child granted by the prescribed medical authority, be referred by the inspector for decision to the prescribed medical authoritymaintenance of register11 there shall be maintained by every occupier in respect of children employed or permitted to work in any establishment, a register to be available for inspection by an inspector at all times during working hours or when work is being carried on in any such establishment, showing—(a) the name and date of birth of every child so employed or permitted to work; (b) hours and periods of work of any such child and the intervals of rest to which he is entitled;(c) the nature of work of any such child; and (d) such other particulars as may be prescribed12 every railway administration, every port authority and every occupier shall cause to be displayed in a conspicuous and accessible place at every station on its railway or within the limits of a port or at the place of work, as the case may be, a notice in the local language and in the english language containing an abstract of sections 3 and 14display of notice containing abstract of sections 3 and 14 health and safety13 (1) the appropriate government may, by notification in the official gazette, make rules for the health and safety of the children employed or permitted to work in any establishment or class of establishments(2) without prejudice to the generality of the foregoing provisions, the said rules may provide for all or any of the following matters, namely:—(a) cleanliness in the place of work and its freedom from nuisance; (b) disposal of wastes and effluents; (c) ventilation and temperature; (d) dust and fume; (e) artificial humidification; (f) lighting; (g) drinking water; (h) latrine and urinals; (i) spittoons; (j) fencing of machinery; (k) work at or near machinery in motion; (l) employment of children on dangerous machines; (m) instructions, training and supervision in relation to employment of childrenon dangerous machines;(n) device for cutting off power; (o) self-acting machines; (p) easing of new machinery; (q) floor, stairs and means of access; (r) pits, sumps, openings in floors, etc; (s) excessive weights; (t) protection of eyes; (u) explosive or inflammable dust, gas, etc; (v) precautions in case of fire; (w) maintenance of buildings; and (x) safety of buildings and machinery part iv miscellaneouspenalties14 (1) whoever employs any child or permits any child to work in contravention ofthe provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both(2) whoever, having been convicted of an offence under section 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years(3) whoever—(a) fails to give notice as required by section 9; or (b) fails to maintain a register as required by section 11 or makes any false entryin any such register; or(c) fails to display a notice containing an abstract of section 3 and this section asrequired by section 12; or shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both 18 (1) power to make rules(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (b) number of hours for which a child may be required or permitted to work under sub-section (1) of section 7;(c) grant of certificates of age in respect of young persons in employment or seeking employment, the medical authorities which may issue such certificate, the form of such certificate, the charges which may be made thereunder and the manner in which such certificate may be issued: provided that no charge shall be made for the issue of any such certificate if the application is accompanied by evidence of age deemed satisfactory by the authority concerned; (d) the other particulars which a register maintained under section 11 should contain the schedule (see section 3) part a occupationsany occupation connected with—(1) transport of passengers, goods or mails by railway; (2) cinder picking, clearing of an ash pit or building operation in the railway premises; (3) work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train;(4) work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines;(5) a port authority within the limits of any port; (6) work relating to selling of crackers and fireworks in shops with temporary licences;(7) abattoirs/slaughter houses; (8) automobile workshop and garages; (9) foundries;(10) handling of toxic or inflammable substances or explosives; (11) handloom and powerloom industry; (12) mines (underground and underwater) and collieries; (13) plastic units and fibreglass workshops; (14) employment of children as domestic workers or servants; (15) employment of children in dhabas (road side eateries), restaurants, hotels, motels, tea shops, resorts, spas or other recreational centres;(16) diving part b processes(1) bidi-making (2) carpet-weaving including preparatory and incidental process thereof (3) cement manufacture, including bagging of cement (4) cloth printing, dyeing and weaving including processes, preparatory and incidental thereto(5) manufacture of matches, explosives and fire-works (6) mica-cutting and splitting(7) shellac manufacture(8) soap manufacture (9) tanning (10) wool-cleaning (11) building and construction industry including processing and polishing of granite stones(12) manufacture of slate pencils (including packing) (13) manufacture of products from agate (14) manufacturing processes using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos(15) 'hazardous process' as defined in section 2 (cb) and 'dangerous operation' as notified in rules under section 87 of the factories act, 1948 (63 of 1948)(16) printing as defined in section 2(k) (iv) of the factories act, 1948 (63 of 1948) (17) cashew and cashewnut descaling and processing (18) soldering processes in electronics industries (19) 'aggarbatti' manufacturing (20) automobile repairs and maintenance including processes incidental thereto, namely, welding, lathe work, dent beating and painting(21) brick kilns and roof titles units (22) cotton ginning and processing and production of hosiery goods (23) detergent manufacturing (24) fabrication workshops (ferrous and non-ferrous) (25) gem cutting and polishing (26) handling of chromite and managanese ores (27) jute textile manufacture and coir making (28) lime kilns and manufacture of lime (29) lock making(30) manufacturing processes having exposure to lead such as primary and secondary smelting, welding and cutting of lead-painted metal constructions, welding of galvanized or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scrapping of lead paint, burning of lead in enamelling workshops, lead mining, plumbing, cable making, wire patenting, lead casting, type founding in printing shops store type setting, assembling of cars, shot making and lead glass blowing(31) manufacture of cement pipes, cement products and other related work(32) manufacturing of glass, glassware including bangles, flourescent tubes, bulbs and other similar glass products(33) manufacture of dyes and dye stuff (34) manufacturing or handling of pesticides and insecticides (35) manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photo engraving and soldering processes in electronic industry(36) manufacturing of burning coal and coal briquettes (37) manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather(38) moulding and processing of fibreglass and plastic (39) oil expelling and refinery (40) paper making (41) potteries and ceramic industry (42) polishing, moulding, cutting, welding and manufacture of brass goods in all forms(43) process in agriculture where tractors, threshing and harvesting machines are used and chaff cutting(44) saw mill—all processes (45) sericulture processing (46) skinning, dyeing and processes for manufacturing of leather and leather products (47) stone breaking and stone crushing (48) tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form(49) tyre making, repairing, re-treading and graphite benefication (50) utensils making, polishing and metal buffing (51) 'zari' making (all processes) (52) electroplating (53) graphite powdering and incidental processing (54) grinding of glazing of metals (55) diamond cutting and polishing (56) extraction of slate from mines (57) rag picking and scavenging (58) processes involving exposure to excessive heat (eg working near furnace) and cold(59) mechanised fishing (60) food processing (61) beverage industry (62) timber handling and loading(63) mechanical lumbering(64) warehousing (65) processes involving exposure to free silica such as slate, pencil industry, stone grinding, slate stone mining, stone quarries, agate industry———— a billfurther to amend the child labour (prohibition and regulation) act, 1986————(shri mallikarjun kharge, minister of labour and employment)gmgipmrnd—3567rs(s3)—27-11-2012

Parliament_bills

a7e555e3-79ad-5194-83c3-887aef55ef0e

corrigenda to t hs mon ore mines iabour welfare crss (amendhent) bill 1967 (tq be/as intrqg~ced y! lok sabh&!)1 - page 1 in the narginal heading to olause 2,-t2l "section" rella "section 1 n 2 page 2, line '26,-after "or" ~ ii i' - 3 bage 3 line 11,-after" prescribed" insert "by rules made wlder this act" 4 page 3 line 15,-after "prescribed" insert -"by rules made under this ~ctlf 5 page 4 line 14,-for "compliment" ~ "complement" -net,y delhi __ ~_13 1967 jyaistha 23, 1889 r~aka·} 8111 no 75 of 1967 the iron ore mines labour welfare cess (amendment) bill, 1967a sill further to amend the iron ore mines labour welfare cess act, 1961 be it enacted by parliameilit in the eighteenth year of the republic of india as follows:-1 (1) this act may be called the iron ore mines labour weirare short ti cess (amendment) act, 1967 and col' mencc_ 5 (2) it shall come into force on such date as the central gov~m- ment meilit may, by notification in the offieid gazette, appoint !l8 of 1961 z in section 1 of the iron ore mines labour welfare cess act, amend 1961 (hereinafter referred to as the principal act), for sud-section ment of (2), the following sub-section shall be substituted, namelj:-section· 10 "(2) 1t extends to the whole of india!' :' ~ '1a in tlj~ aot, unless the context otherwise requires,-insertion 3 after section 1 of the principal act, the following section of nt~w 1a shan be inserted, namely:-sec ion - definitions (a) "export" means taking out of india to a place outltide india; s 63 of 1948 (b) "factory" and "occupier" have the meanings respectively assigned to them in clauses (m) and (n) of section 2 of the factories act, 1948; (c) "metallurgical factory" means-(i) a factory in which iron or steel is being pro- 10 ceased or manufactured; (ii) any other factory, being a factory in which iron ore is used for any purpose, which the central government may, by notification in the official gazette, declare to be a metallurgical factory for the purpose~ is of this act; 35 of 1952 (d) "owner" has the meaning assigned to it in clause (1) of section 2 of the mines act, 1952' substitu-4 for section 2 of the principaj act, the following sections shall tion of be substituted, namely: -20 new sec_ tions for section 2 levy and collection of cess on iron ore "2 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be levied and collected as a cess for the purposes of this act on all iron ore produced in any mine-(a) a duty of customs, where such iron ore is exported; 2s ~ i (b) a duty of excise', where such iron ore is sold or otherwise disposed of to the occupier of any metallurgical factory or is used by the owner of the mine for any purpose, at sich rate not exceeding fifty paise per metric torme of iron 3° ore u·tbecedtral: government may, from time to time, fix by notification in the official gazette 2a (1) every duty of customs leviable under this act on any payment iron ore shad be payable to the central government by the per- of duty of son by whom the iron ore is exported cusdtom d ts , ~ uy (2) every duty of excise leviable under this act on any irod of excise s ore shall be payable-(a) to the oecupier of theblettluurgicai factory, by the person by whom such iron ore is sold or otherwise disposed of to such occupier; (b) to the central government, by the owner of the mine 10 where the iron ore is usl-d by 8ui:h owner for any purpose, within such period as may be prescribed (3) all amounts received by the occupier of any metauurgical factory under' clouse (a) of sub-section (2) jlhau be paid byhim to the central government within such period as may be i s prescribed" 5 in section 8 of the principal act, in sub-scction (2) , after amcndclause (a), the following clauses shall be inserted, namely: _ mcnt of section 8 "(a·a) the period within whieh the person selling or otherwise disposing of the iron arc shall pay the duty of excise to 20 the occupier of the metallurgical factory; (aaa) the period within which the owner of the mine shall pay the duty of excise to' the central government; (aaaa) the period witthin which the occupier of the metallurgical factory shall pay to the central government the duty of 2s excise received by him;" statement of objects and reasonssection 2 of the iron ore mines labour welfare cess act, 1961, provides for the levy of a cess, on all iron ore produced in any mine, alt such rate not exceeding fifty paise per metric tonne as the central government may from time to time fix by notification in the officia'l gazette at prese'nt, the rate of cess thus levied is twenty-five paise per metric tonne the proceeds of the cess levied and collected, reduced by the cost of collection, are being utilised to promote the welfare of labour employed in the iron ore mining industry for collection of the cess, eight cess commissioners have been appointed in the important iton ore producing states the cost of machinery for collection comes to about four to five per cent of the cess collected this cost of collection is uke'ly to he higher when the full compliment of staff necessary for checkinf!, inspection, supervision and accounting is appointed in order to reduce the expenditure towards the cost of collection, it is propos:'d to amend the act so as to collect the cess as a duty of cust()rr~ i'n respect of iron ore which is exported out of india and as a duty of excise in respect of imn ore which is sold or otherwise disposed of by the owners of mines to steel plants and other units producing- pig iron, etc the cess as duty of customs will be collected through the agency of the customs department (as is being do'nf' in the case of cess on mica) and as duty of excise will be colleded through the agency of the steel plants, etc, at the time of receipt of the despatches by them a saving of approximately two lakhs of rupees is expected from this change in the mode of collection of cess the bill seeks to achieve the above object new delhi; jaisukhlal hath! the 30th may, 1967 financial memorandid4clause 4 of the bin seeks to substitute section 2 of the iron oj mines la·bour welfare cess act, 1961, which provides for the ie, of a cess at such rate not exceeding 50 paise per metric tonne i iron ore produced, as the central (;<)vemment may fix from tin to time the rate of cess in the new section 2 will be the san though there will be change in the mode of its collection 2 th'~ present method of levy of cess is on production t} new section 2 envisages the cess to be levied as duty of custon on exports and as duty of excise on all iron ore despatched to th steel plants and units producing pig iron or otherwise consumir iron ore the ministry of finance (department of revenue) ha~ agreed to charge 112 per cent of the co1lections as administrath charges to cover the cost of collection although no clause of n bill, when enacted" directly involves expenditure from the cor soiidated fund of india, assuming that similar 1/2 per cent ~ "collecting agencies' charges" may become payable to iron an steel factories and other units producing pig iro'n and taking th figures of 10 million tonnes on exports (revised figure of 1964) an 11' 29 million tonnes on domestic consumption, the total amour, payable as collection charges will be rs 12,500 plus rs 14,410 ie rs 26,910 say rs 30,000 in a calendar year or in a financial yeal the change in the mode of cduection will entail a saving of apprc ximately two lakhs of rupees in the cost of machinery of collectio of cess memorandum regarding delegated legislationclause 5 of the bill which seeks to amend election 8 of the iron ore mines labour welfare cess act, 1961, empowers the central government to make rules with respect to the periods within which the persons liable to pay the duty of excise shall pay the same this is a matter of detail and the delegation of legislative power is thus of a norma1 character annexure extracts from the iron ore mines labour welfare cess act, 1961 (58 of 1961)1/ (1) '" - - '" '" - '" '" '" '" '" - short title, extent and (2) it extends to the whole of india except the state of jammu com and kashmir menee ment '" '" - '" '" '" 2 with effect from such date as the central government may, levy and by notification in the official gazette, appoint, there shall be levied collection and collected, as a cess for the purposes of this act on all iron ore ~)f cess on produced in any mine, a duty of excise at such rate not exceeding lron ore fifty naye paise per metric tonne of iron ore as the ce'ntral government may, from time to time, fix by notification in the oftlcial gazette power to make rules '" '" '" '" '" '" 8 (1) '" '" '" '" '" '" (2) in particular and without prejudice to the generality of the foregoing power, such rules ~ provide for-(a) the assessment and collection of a cess levied under this act; - - - - '" a bill funher to amend the iron ore mines labour welfare cess act, 1961 (shri jai sukh lal hathi, minister of labour (9)> rehabilitation-)

Parliament_bills

57b811ab-f0a6-5a60-a8cc-84cc5536b8d3

the unlawful activitif$ (prevention) bitil, 1967(to be/as introduced 1n lok sabha) 1, page 1, lin@ 8,-after "requires" for it" read ii ii -, 2 page 2, line 11,-betore "means" insert " ii , 3 page 6, line 39,-after "securities" omit ii ii , -4 page 8, line 3,-after ilmayll omit ii " , 5 page 8, line 8,-after "sub-section (4)" insert it " , 6 page 8, line 36,-after "notification" insert "issuedl1 7 page 8, line 42,-after "yelare" insert it " , 8 page 11, line 1,-after" any" insert " " , 9 page 14, line 4,-after "relate" insert " " , ' :nd under such conditions, if' a:;r:! may b~pecified in the notification, be exercised also by a,ny state government and the state government may, with the previous approval of the central government, by order in writing !iirect that any power which has been 5 directed to be exercised by it shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised by any person subordinate to the state government as may be specified therein 20 the provisions of this act or any rule or order made there-10 under shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or any instrument having effect by virtue of any enactment other than this act effect of act and rules, etc, inconsistent with other enactments 21 (1) the central government may, by notification in the power to official gazette, make rules to carry out the purposes of this act make rules 15 (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the followmg matters, namely:-20 " (a) the service of notices or orders issued or made under this act and the manner in which such notices or orders may be served, where the person to be served is a corporation, company, bank or association; (b) the procedure to be followed by the tribunal or a district judge in holding any inquiry or disposing of any application under this act; 25 (c) any other matter wh!ch has to be, or may be, prescribed (3) every rule made by the central government under this section shall be laid, as soo'nls 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, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, 35 ;hat any such modification or annulment shall be without prejudice to the validity of anything previously done' under that rule · - - statement of objects and reasonspursuant to the acceptance by government of a unanimous recommendation of the committee on national integration and region alism appointed by the national integratian council, the constitution (sixteenth amendment) act, 1963, was enacted empowering parliament to impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of india, on the-(i) freedom of speech and expression; (ii) right to assemble peaceably and without arms; and (iii) right to fonn associations or unions 2 the object of this bill is to make powers available for dealing with activities directed against the integrity and sovereignty of india new delhi; y b cha v an the 23rd may, 1967 , tmancial memorandumclause 5 of the unlawful activities (prevention) bill, 1967 provides for the constitution of a tribunal, to be known &iii the uniawful activities (prevention) tribunal, consisting of a chairman and two other mel!ldhers to be appointed by the central government all expenses to be incurred in conn~ion with the tribunal would be met from the consolidated fund of india it will be constituted as and when necessary the expenditure is not expected to be large and is not likely to exceed as 99,210 during the year in which such a tribunal is constituted ! -clause 21 of the bill empowers the central governm~nt to make rules to carry out the purposes of the bill the matters in respect of which rules may be made relate inter alia, to the service of notices or orders issued or made under the bill and the manner in which such notices or orders may be served, where the persc1q to be served is a corporation, company, bank or association; the procedure to be followed by the tribunal or a district judge in holding any inquiry or disposing of any application under the bill these matters pertain to procedure or detail necessary for the effective administration of the provisions of this bill and as such the: delegation of legislative power is of a normal character 2 clause 19 of the bill empowers the central government to direct the state government to exercise all or any of the powers exercisable by it under the bill and further empowers the state government to direct, with the previous approval of the central gov_ ernment, any person subordinate to the state government, to exercise any power which has been directed to be exercised by the state government the delegation to the state government of any power exercisable by the central government under the bill is necessary for the effective administration of the bill and is of a normal character a bill to provide for the more effective prevention of certain unlawful activities of individuals and associations and for matters conneed therewith (shri y b cnman, minister 0/ home ajjairs)

Parliament_bills

33e77ff9-9cdc-58de-8125-7149cd97ae9e

bill no 65 of 2021 the mines and minerals (development and regulation) amendment bill, 2021 a billfurther to amend the mines and minerals (development and regulation) act, 1957be it enacted by parliament in the seventy-second year of the republic of india as follows:—short title and commencement1 (1) this act may be called the mines and minerals (development and regulation)amendment act, 20215(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint; and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision67 of 1957102 throughout the mines and minerals (development and regulation) act, 1957(hereinafter referred to as the principal act),-—(i) for the words "reconnaissance permit, prospecting license or mining lease"wherever they occur, the words "mineral concession" shall be substituted;substitution of references to certain expressions by certain other expressions(ii) for the words "prospecting licence-cum-mining lease", wherever they occur[other than in clause (a) of section 3], the words "composite licence" shall be substituted 3 in section 3 of the principal act,-—amendment of section 3(i) for clauses (a) and (aa), the following clauses shall be substituted, namely:—5'(a) "composite licence" means the prospecting licence-cum-mining lease which is a two stage concession granted for the purpose of undertaking prospecting operations followed by mining operations in a seamless manner;10(aa) "dispatch" means the removal of minerals or mineral products from the leased area and includes the consumption of minerals and mineral products within such leased area;18 of 2013(ab) "government company" shall have the same meaning as assigned to it in clause (45) of section 2 of the companies act, 2013;15(ac) "leased area" means the area specified in the mining lease within which the mining operations can be undertaken and includes the non-mineralised area required and approved for the activities falling under the definition of "mine" as referred to in clause (i);(ad) "minerals" includes all minerals except mineral oils;20(ae) "mineral concession" means either a reconnaissance permit, prospecting licence, mining lease, composite licence or a combination of any of these and the expression "concession" shall be construed accordingly;'; (ii) after clause (f), the following clause shall be inserted, namely:-—'(fa) "production" or any derivative of the word "production" means the winning or raising of mineral within the leased area for the purpose of processing or dispatch;';25(iii) after clause (hb), the following clause shall be inserted, namely:—'(hba) "schedule" means the schedules appended to the act;';(iv) in clause (i),—35 of 1952 37 of 202030(i) for the words and figures, "the mines act, 1952", the words and figures "the occupational safety, health and working conditions code, 2020" shall be substituted;(ii) the following explanation shall be inserted, namely:-—"explanation—for the purposes of this clause,—35(i) a mine continues to be a mine till exhaustion of its mineable mineral reserve and a mine may have different owners during different times from the grant of first mining lease till exhaustion of such mineable mineral reserve;(ii) the expression "mineral reserve" means the economically mineable part of a measured and indicated mineral resource"amendment of section 4404 in section 4 of the principal act, in sub-section (1), in the second proviso, for the words "such entity that may be notified for this purpose by the central government", the words "other entities including private entities that may be notified for this purpose, subject to such conditions as may be specified by the central government" shall be substituted5 in section 4a of the principal act, in sub-section (4),—amendment of section 4a45(i) for the words "mining operations" wherever they occur, the words "production and dispatch" shall be substituted;(ii) for the first, second, third and fourth provisos, the following provisos shall be substituted, namely:-—5"provided that the state government may, on an application made by the holder of such lease before it lapses and on being satisfied that it shall not be possible for the holder of the lease to undertake production and dispatch or to continue such production and dispatch for reasons beyond his control, make an order, within a period of three months from the date of receipt of such application, to extend the period of two years by a further period not exceeding one year and such extension shall not be granted for more than once during the entire period of lease:10provided further that such lease shall lapse on failure to undertake production and dispatch or having commenced the production and dispatch fails to continue the same before the end of such extended period"amendment of section 56 in section 5 of the principal act, in sub-section (1), after the second proviso, the following proviso shall be inserted, namely:—15 20 "provided also that the composite licence or mining lease shall not be granted for an area to any person other than the government, government company or corporation, in respect of any minerals specified in part b of the first schedule where the grade of such mineral in such area is equal to or above such threshold value as may be notified by the central government"amendment of section 87 in section 8 of the principal act, after sub-section (3), the following sub-sections shall be inserted, namely:—25"(4) notwithstanding anything contained in this section, in case of government companies or corporations, the period of mining leases including the existing mining leases, shall be such as may be prescribed by the central government:provided that the period of mining leases, other than the mining leases granted through auction, shall be extended on payment of such additional amount as specified in the fifth schedule:30provided further that the central government may, by notification in the official gazette and for reasons to be recorded in writing, amend the fifth schedule so as to modify the entries mentioned therein in the said schedule with effect from such date as may be specified in the said notification35(5) any lessee may, where coal or lignite is used for captive purpose, sell such coal or lignite up to fifty per cent of the total coal or lignite produced in a year after meeting the requirement of the end use plant linked with the mine in such manner as may be prescribed by the central government and on payment of such additional amount as specified in the sixth schedule:40provided that the central government may, by notification in the official gazette and for the reasons to be recorded in writing, increase the said percentage of coal or lignite that may be sold by a government company or corporation:provided further that the sale of coal shall not be allowed from the coal mines allotted to a company or corporation that has been awarded a power project on the basis of competitive bid for tariff (including ultra mega power projects):45provided also that the central government may, by notification in the official gazette and for reasons to be recorded in writing, amend the sixth schedule so as to modify the entries mentioned therein with effect from such date as may be specified in the said notification"8 in section 8a of the principal act,—amendment of section 8a(a) after sub-section (7), the following sub-section shall be inserted, namely:—5"(7a) any lessee may, where mineral is used for captive purpose, sell mineral up to fifty per cent of the total mineral produced in a year after meeting the requirement of the end use plant linked with the mine in such manner as may be prescribed by the central government and on payment of such additional amount as specified in the sixth schedule:10provided that the central government may, by notification in the official gazette and for the reasons to be recorded in writing, increase the said percentage of mineral that may be sold by a government company or corporation:provided further that the central government may, by notification in the official gazette and for reasons to be recorded in writing, amend the sixth schedule so as to modify the entries mentioned therein with effect from such date as may be specified in the said notification";15 (b) in sub-section (8), the following provisos shall be inserted, namely:-— "provided that the period of mining leases, other than the mining leases granted through auction, shall be extended on payment of such additional amount as specified in the fifth schedule:20provided further that the central government may, by notification in the official gazette and for reasons to be recorded in writing, amend the fifth schedule so as to modify the entries mentioned therein with effect from such date as may be specified in the said notification25 10 of 2015explanation—for the removal of doubts, it is hereby clarified that all such government companies or corporations whose mining lease has been extended after the commencement of the mines and minerals (development and regulation) amendment act, 2015, shall also pay such additional amount as specified in the fifth schedule for the mineral produced after the commencement of the mines and minerals (development and regulation) amendment act, 2021"309 for section 8b of the principal act, the following section shall be substituted, namely:—substitution of new section for section 8b35provisions for period and transfer of statutory clearances33 of 1962"8b (1) notwithstanding anything contained in this act or any other law for the time being in force, all valid rights, approvals, clearances, licences and the like granted to a lessee in respect of a mine (other than those granted under the provisions of the atomic energy act, 1962 and the rules made thereunder) shall continue to be valid even after expiry or termination of lease and such rights, approvals, clearances, licences and the like shall be transferred to, and vested; subject to the conditions provided under such laws; in the successful bidder of the mining lease selected through auction under this act:40provided that where on the expiry of such lease period, mining lease has not been executed pursuant to an auction under provisions of sub-section (4) of section 8a, or lease executed pursuant to such auction has been terminated within a period of one year from such auction, the state government may, with the previous approval of the central government, grant lease to a government company or corporation for a period not exceeding ten years or till selection of new lessee through auction, whichever is earlier and such government company or corporation shall be deemed to have acquired all valid rights, approvals, clearances, licences and the like vested with the previous lessee:provided further that the provisions of sub-section (1) of section 6 shall not apply where such mining lease is granted to a government company or corporation under the first proviso:5provided also that in case of atomic minerals having grade equal to or above the threshold value, all valid rights, approvals, clearances, licences and the like in respect of expired or terminated mining leases shall be deemed to have been transferred to, and vested in the government company or corporation that has been subsequently granted the mining lease for the said mine10(2) notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the new lessee to continue mining operations on the land till expiry or termination of mining lease granted to it, in which mining operations were being carried out by the previous lessee" 10 in section 9b of the principal act,—amendment of section 9b(i) after sub-section (3), the following proviso shall be inserted, namely:—15"provided that the central government may give directions regarding composition and utilisation of fund by the district mineral foundation"; (ii) in sub-section (5), after the words and figures, "amendment act, 2015", the words, brackets, figures and letter ", other than those covered under the provisions of sub-section (2) of section 10a" shall be inserted;20(iii) in sub-section (6), after the words and figures, "amendment act, 2015", the words, brackets, figures and letter "and those covered under the provisions of sub-section (2) of section 10a" shall be inserted11 in section 9c of the principal act,—amendment of section 9c25(i) in sub-section (1), for the words "non-profit body", the words "non-profit autonomous body" shall be substituted;(ii) after sub-section (4), the following sub-section shall be inserted, namely:—"(5) the entities specified and notified under sub-section (1) of section 4shall be eligible for funding under the national mineral exploration trust"amendment of section 103012 in section 10 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:—"(4) notwithstanding anything contained in this section, no person shall be eligible to make an application under this section unless-—(a) he has been selected in accordance with the procedure specified under sections 10b, 11, 11a or the rules made under section 11b;3511 of 2015(b) he has been selected under the coal mines (special) provisions act, 2015; or(c) an area has been reserved in his favour under section 17a"13 in section 10a of the principal act, in sub-section (2),—amendment of section 10a(i) in clause (b), the following provisos shall be inserted, namely:—40"provided that for the cases covered under this clause including thepending cases, the right to obtain a prospecting licence followed by a mining lease or a mining lease, as the case may be, shall lapse on the date of commencement of the mines and minerals (development and regulation) amendment act, 2021:45provided further that the holder of a reconnaissance permit or prospectinglicence whose rights lapsed under the first proviso, shall be reimbursed theexpenditure incurred towards reconnaissance or prospecting operations in such manner as may be prescribed by the central government"; (ii) after clause (c), the following clause shall be inserted, namely:—5"(d) in cases where right to obtain licence or lease has lapsed under, clauses (b) and (c), such areas shall be put up for auction as per the provisions of this act:10provided that in respect of the minerals specified in part b of the first schedule where the grade of atomic mineral is equal to or greater than the threshold value, the mineral concession for such areas shall be granted in accordance with the rules made under section 11b"14 in section 10b of the principal act,—amendment of section 10b(i) for sub-section (1), the following sub-section shall be substituted, namely:— "(1) the provisions of this section shall not apply to the,—(a) cases falling under section 17a;15(b) minerals specified in part a of the first schedule; (c) minerals specified in part b of the first schedule where the grade of atomic mineral is equal to or greater than such threshold value as may be notified by the central government from time to time; or20(d) land in respect of which the minerals do not vest in the government";(ii) in sub-section (3), the following proviso shall be inserted, namely:—25"provided that where the state government has not notified such area for grant of mining lease after establishment of existence of mineral contents of any mineral (whether notified mineral or otherwise), the central government may require the state government to notify such area within a period to be fixed in consultation with the state government and in cases where the notification is not issued within such period, the central government may notify such area for grant of mining lease after the expiry of the period so specified"; (iii) in sub-section (4), the following provisos shall be inserted, namely:—30"provided that-—(a) where the state government has not successfully completed auction for the purpose of granting a mining lease in respect of any mineral (whether notified mineral or otherwise) in such notified area; or35(b) upon completion of such auction, the mining lease or letter of intent for grant of mining lease has been terminated or lapsed for any reason whatsoever,40the central government may require the state government to conduct and complete the auction or re-auction process, as the case may be, within a period to be fixed in consultation with the state government and in cases where such auction or re-auction process is not completed within such period, the central government may conduct auction for grant of mining lease for such area after the expiry of the period so specified:45provided further that upon successful completion of the auction, the central government shall intimate the details of the preferred bidder in the auction to the state government and the state government shall grant mining lease for such area to such preferred bidder in such manner as may be prescribed by the central government"; (iv) in sub-section (6), for the proviso, the following proviso shall be substituted, namely:—"provided that no mine shall be reserved for captive purpose in the auction"515 section 10c of the principal act shall be omittedomission of section 10c16 in section 11 of the principal act,—amendment of section 11(i) for sub-section (1), the following sub-section shall be substituted, namely:— "(1) the provisions of this section shall not apply to the,-—(a) cases falling under section 17a;10(b) minerals specified in part a of the first schedule; (c) minerals specified in part b of the first schedule where the grade of atomic mineral is equal to or greater than such threshold value as may be notified by the central government from time to time; or15(d) land in respect of which the minerals do not vest in the government";(ii) in sub-section (4), the following proviso shall be inserted, namely:—20"provided that where the state government has not notified such area for grant of composite licence of any mineral (whether notified mineral or otherwise), the central government may require the state government to notify such area within a period to be fixed in consultation with the state government and in cases where the notification is not issued within such period, the central government may notify such area for grant of composite licence after the expiry of the period so specified"; (iii) in sub-section (5), the following provisos shall be inserted, namely:—25"provided that—(a) where the state government has not successfully completed auction for the purpose of granting a composite licence in respect of any mineral (whether notified mineral or otherwise) in such notified area; or30(b) upon completion of such auction, the composite licence or letter of intent for grant of composite licence has been terminated or lapsed for any reason whatsoever,35the central government may require the state government to conduct and complete the auction or re-auction process, as the case may be, within a period to be fixed in consultation with the state government and in cases where such auction or re-auction process is not completed within such period, the central government may conduct auction for grant of composite licences for such area after the expiry of the period so specified:40provided further that upon successful completion of the auction, the central government shall intimate the details of the preferred bidder in the auction to the state government and the state government shall grant composite licence for such area to such preferred bidder in such manner as may be prescribed by the central government"; (iv) for sub-section (10), the following sub-section shall be substituted, namely:—"(10) on completion of the prospecting operations, the holder of the composite licence shall submit the result of the prospecting operations in the form of a geological report to the state government specifying the area required for mining lease and the state government shall grant mining lease for such area, to the holder of the composite licence in such manner as may be prescribed by the central government''17 in section 12a of the principal act,—5(i) in sub-section (2),—amendment of section 12a(a) for the words, figures and letter, "section 10b or section 11", the words,"this act" shall be substituted; (b) the following proviso shall be inserted, namely:-—10 "provided that the transferee of mining lease shall not be required to pay the amount or transfer charges referred to in sub-section (6), as it stood prior to the commencement of the mines and minerals (development and regulation) amendment act, 2021, after such commencement but no refund shall be made of the charges already paid";(iii) sub-section (6) shall be omitted15 18 in section 13 of the principal act,—amendment of section 13 (a) in sub-section (1), for the words "reconnaissance permits, prospecting licences and mining leases", the words "mineral concession" shall be substituted;(b) in sub-section (2),—(i) the clauses (qqh) and (qqk) shall be omitted;20(ii) for clause (r), the following clauses shall be substituted, namely:-—"(r) the period of mining lease under sub-section (4) of section 8; (s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8;(t) the manner of sale of mineral under sub-section (7a) of section 8a;25(u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under second proviso to clause (b) of sub-section (2) of section 10a;(v) the manner of granting mining lease to the preferred bidder under the second proviso to sub-section (4) of section 10b;30(w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11;(x) the manner of granting mining lease by the state government to the holder of the composite licence under sub-section (10) of section 11;35(y) any other matter which is to be, or may be prescribed, under this act"19 in section 17a of the principal act,—amendment of section 17a(a) for sub-section (2a), the following shall be substituted, namely:—40"(2a) where in exercise of the powers conferred by sub-section (1a) or sub-section (2), the central government or the state government, as the case may be, reserves any area for undertaking prospecting or mining operations or prospecting operations followed by mining operations, the state government shall grant prospecting licence, mining lease or composite licence, as the case may be, in respect of such area to such government company or corporation within the period specified in this section:provided that in respect of any mineral specified in part b of the first schedule, the state government shall grant the prospecting licence, mining lease or composite licence, as the case may be, only after obtaining the previous approval of the central government"; (b) in sub-section (2c),—5(i) for the words, "may be prescribed by the central government", the words "specified in the fifth schedule" shall be substituted;(ii) the following shall be inserted, namely:—10"provided that the central government may, by notification in the official gazette and for reasons to be recorded in writing, amend the fifth schedule so as to modify the entries mentioned therein in the said schedule with effect from such date as may be specified in the said notification1510 of 2015explanation—for the removal of doubts, it is hereby clarified that all such government companies or corporations whose mining lease has been extended after the commencement of the mines and minerals (development and regulation) amendment act, 2015, shall also pay such additional amount as specified in the fifth schedule for the mineral produced after the commencement of the mines and minerals (development and regulation) amendment act, 2021"20(c) after sub-section (3), the following sub-sections shall be inserted, namely:—"(4) the reservation made under this section shall lapse in case no mining lease is granted within a period of five years from the date of such reservation:25provided that where the period of five years from the date of reservation has expired before the date of commencement of the mines and minerals (development and regulation) amendment act, 2021 or expires within a period of one year from the date of commencement of the said act, the reservation shall lapse in case no mining lease is granted within a period of one year from the date of commencement of the said act:30provided further that the state government may, on application made bysuch government company or corporation or on its own motion, and on being satisfied that it shall not be possible to grant the mining lease within the said period, make an order with reasons in writing, within a period of three months from the date of receipt of such application, to relax such period by a further period not exceeding one year:3510 of 201540provided also that where the government company or corporation in whosefavour an area has been reserved under this section before the commencement of the mines and minerals (development and regulation) amendmentact, 2015, has commenced production from the reserved area without execution of mining lease, such government company or corporation shall be deemed to have become lessee of the state government from the date of commencement of mining operations and such deemed lease shall lapse upon execution of the mining lease in accordance with this sub-section or expiry of period of one year from the date of commencement of the mines and minerals (development and regulation) amendment act, 2021, whichever is earlier45(5) the termination or lapse of mining lease shall result in the lapse of the reservation under this section"amendment of section 2120 in section 21 of the principal act, after sub-section (6), the following explanation shall be inserted, namely:—5amendment of schedules"explanation—on and from the date of commencement of the mines and minerals (development and regulation) amendment act, 2021, the expression "raising, transporting or causing to raise or transport any mineral without any lawful authority" occurring in this section, shall mean raising, transporting or causing to raise or transport any mineral by a person without prospecting licence, mining lease or composite licence or in contravention of the rules made under section 23c" 21 after the fourth schedule to the principal act, the following schedules shall be inserted, namely:—10 "the fifth schedule[see sections 8(4), 8a(8) and 17a(2c)]| sno mineral | additional amount on grant or extension of mining lease ||------------------------|-----------------------------------------------------------|| 15 | || 1 | iron ore and chromite || royalty payable | || 2 | copper || 3 | coal and lignite || 4 | other minerals (other || than coal and lignite) | || 20 | |explanation—for the purposes of this schedule, the additional amount shall be in addition to royalty or payment to the district mineral foundation and national mineral exploration trust or any other statutory payment the sixth schedule[see sections 8(5) and 8a(7a)]25(i) for non-auctioned captive mines (other than coal and lignite):| sno | mineral | additional amount ||-----------------------------------|-----------------|---------------------------------------|| 1 | bauxite | || ( | i | ) metallurgical grade || of the royalty payable | | || 30 | | || ( | ii | ) non metallurgical grade || 2 | chromite | || ( | i | ) up to forty per cent of cr || 2 | | || o | | || 3 | | || equivalent to the royalty payable | | || ( | ii | ) forty per cent and more of || cr | | || 2 | | || o | | || 3 | | || and concentrates | royalty payable | || 35 | | || 3 | iron ore | || ( | i | ) lumps, rom and concentrates || of the royalty payable | | || ( | ii | ) fines || of the royalty payable | | || 40 | | || 4 | limestone | || ( | i | ) ld grade (less than 15 per cent || silica content) | royalty payable | || ( | ii | ) other grades || | | 5 | manganese ||-----------------------------------------------------------------------------------------|------------------------------------------------------------------|------------------------------------------------------------------------------------|---------------------------------------------|| ( | i | ) less than thirty-five per cent | equivalent to the royalty payable || of manganese content | | | || 5 | | | || ( | ii | ) thirty-five per cent and above | equivalent to five hundred per cent of the || of manganese content | royalty payable | | || 6 | other minerals | equivalent to the royalty payable | || ( | ii | ) for auctioned captive mines (other than coal and lignite): | || sno | quantity of sale | additional amount | || 10 | | | || 1 | sale of mineral up to twenty-five | nil | || per cent of annual production | | | || 2 | sale of mineral more than | equivalent to fifty per cent of the royalty | || twenty-five per cent and up to | payable | | || fifty per cent of annual production | | | || ( | iii | ) for coal and lignite: | || 15 | | | || sno | type of mine | additional amount | || 20 | | | || 25 | | | || 30 | | | || 35 | | | || 40 | | | || 45 | | | || 1 | ( | i | ) captive coal and lignite mines, || auctioned for power sector | royalty payable | | || through reverse bidding under the | | | || coal mines (special provisions) | | | || act, 2015 (11 of 2015) | | | || ( | ii | ) captive coal and lignite mines | equivalent to the royalty payable || allocated through auction route | | | || (other than mines covered under | | | || item no ( | iv | )) | || ( | iii | ) captive coal and lignite mines | equivalent to the royalty payable || allocated through allotment route | | | || (other than mines covered under | | | || item nos ( | i | ) and ( | iv || ( | iv | ) for captive coal and lignite | || mines that were auctioned and | | | || allotted with condition allowing | | | || sale of coal up to twenty-five | | | || per cent of annual production— | | | || ( | a | ) for sale of coal up to | additional amount payable as per the || twenty-five per cent | condition mentioned in the tender document | | || of annual production | or allotment document | | || ( | b | ) for sale of coal more | fifty per cent of the royalty payable || than twenty-five per cent | | | || and up to fifty per cent of | | | || annual production | | | || explanation | —for the purposes of this schedule, it is hereby clarified that— | | || ( | i | ) the additional amount shall be in addition to royalty or payment to the district | || mineral foundation and national mineral exploration trust or any other statutory | | | || payment or payment specified in the tender document or the auction premium (wherever | | | || applicable) | | | || ( | ii | ) | ad || coal and lignite shall be based on national coal index and representative price of coal | | | || excluding the taxes, levies and other charges" | | | | statement of objects and reasonsthe mines and minerals (development and regulation) act, 1957 (the act) was enacted with a view to provide for the development and regulation of mines and minerals under the control of union2 the act was comprehensively amended in 2015 to bring several reforms in the mineral sector, notably, mandating auction of mineral concessions to improve transparency, establishing district mineral foundation and national mineral exploration trust and stringent penalty for illegal mining the act was further amended in the years 2016 and 2020 to allow transfer of leases for non-auctioned captive mines and to deal with the emergent issue of expiry of leases on 31st march 20203 in order to fully harness the potential of the mineral sector, increase employment and investment in the mining sector including coal, increase the revenue to the states, increase the production and time bound operationalisation of mines, maintain continuity in mining operations after change of lessee, increase the pace of exploration and auction of mineral resources and resolve long pending issues that have slowed the growth of the sector, it is felt necessary to further amend the said act4 the mines and minerals (development and regulation) amendment bill, 2021, inter alia, provides for the following, namely:—(i) to remove the distinction between captive and merchant mines by providing for auction of mines in future without restriction of captive use of minerals and allowing existing captive mines including captive coal mines to sell up to fifty per cent of the minerals produced after meeting the requirement of linked end use plants to ensure optimal mining of mineral resources and specify the additional amount to be charged on such sale the sale of minerals by captive plants would facilitate increase in production and supply of minerals, ensure economies of scale in mineral production, stabilize prices of ore in the market and bring additional revenue to the states;(ii) to provide for payment of additional amount to the state government on extension and grant of mining lease of government companies to create level playing field between the auctioned mines and the mines of government companies;(iii) to provide that all the valid rights, approvals, clearances, licences and the like granted to a lessee in respect of a mine shall continue to be valid even after expiry or termination of lease and such clearances shall be transferred and vested to the successful bidder of the mining lease this will ensure continuity in mining operations even with change of lessee, conservation of mineral and avoid repetitive and redundant process of obtaining clearances again for the same mine;(iv) to grant short term mining lease to government companies in situations where the auction of mines pursuant to sub-section (4) of section 8a has failed;(v) to empower the central government to issue directions regarding composition and utilisation of fund by the district mineral foundation;(vi) to close the pending cases of non-auctioned concession holders which have not resulted in grant of mining leases despite passage of a considerable time of more than five years the existence of these cases is anachronistic and antagonistic to the auction regime the closure of the pending cases would facilitate the government to put to auction a large number of mineral blocks in the interest of nation resulting in early operationalisation of such blocks and additional revenue to the state governments;(vii) to remove the restrictions on transfer of mineral concessions for non-auctioned mines to attract fresh investment and new technology in the sector;(viii) to empower the central government to notify the area and conduct auction in cases where the state governments face difficulty in notifying the areas and conducting auction or fails to notify the area or conduct auction in order to ensure auction of more number of mineral blocks on regular basis for continuous supply of minerals in the country;(ix) to fix a time-frame for grant of leases for the areas reserved for government companies for expediting grant of leases and production by the government companies; and(x) to amend section 21 of the act so as to clarify the expression "without any lawful authority" in order to limit its scope to the violations of the said act and the rules made thereunder the said amendment will bring clarity and certainty to the mining sector 5 the bill seeks to achieve the above objectivesnew delhi;pralhad joshithe 10th march, 2021 financial memorandumthe bill seeks to amend the mines and minerals (development and regulation) act,1957 (the act) to develop the mining sector to its full potential for faster economic growth2 clause 12 of the bill proposes to insert two provisos in clause (b) of sub-section (2)of section 10a of the said act the first proviso provides that upon commencement of the mines and minerals (development and regulation) amendment act, 2021, the rights of concession holders under clause (b) of sub-section (2) of section 10a to obtain a prospecting licence followed by a mining lease or a mining lease, as the case may be, shall lapse the second proviso provides that the holder of a reconnaissance permit or prospecting licence whose right has lapsed under the proposed first proviso shall be reimbursed for expenditure incurred towards reconnaissance permit or prospecting operations in such manner as may be prescribed by the central government3 the financial implication of this amendment will be to the extent of payment of reimbursement by the central government to the holders of a reconnaissance permit or prospecting licence whose rights have lapsed this expenditure on account of reimbursement may increase in case any foreign investor invokes bilateral investment promotion and protection agreements executed between india and other countries the value of awards, if any, of arbitration bodies under the said agreement cannot be estimated at this stage4 the expenditure is to be incurred from the funds of the national mineral exploration trust established under section 9c of the act the said trust is established for the purpose of funding regional and detailed exploration of minerals the holder of a mining lease or composite licence is mandated to pay to the trust, a sum equivalent to two per cent of royalty paid in terms of the second schedule of the act at present around six hundred crore rupees accrues annually to the trust and the trust has around one thousand seven hundred crore rupees after taking into account the projects sanctioned by the trust the accrual to and expenditure from the trust are done through consolidated fund of india5 in case the funds accrued to the trust are not sufficient for reimbursement, the expenditure will be made from the consolidated fund of india through budgetary allocation all the expenditure from the trust and consolidated fund of india would be of non-recurring nature6 the amount of reimbursement will be recouped from successful bidders of the mineral concession in that area and will be deposited in the trust however, recouping of amount would depend on successful auction of these blocks memorandum regarding delegated legislationclause 13 of the mines and minerals (development and regulation) amendment bill, 2021 seeks to amend sub-section (2) of section 13 of the mines and minerals (development and regulation) act, 1957 to make rules for carrying out the provisions of the proposed legislation which are as under:—(i) the period of mining lease under sub-section (4) of section 8;(ii) the manner of sale of mineral by the holder of a mining lease undersub-section (5) of section 8;(iii) the manner of sale of mineral under sub-section (7a) of section 8a;(iv) the manner for reimbursement of expenditure towards reconnaissance permitsor prospecting operations under second proviso to clause (b) of sub-section (2) of section 10a;(v) the manner of granting mining lease to the preferred bidder under the secondproviso to sub-section (4) of section 10b;(vi) the manner of granting composite licence to the preferred bidder under thesecond proviso to sub-section (5) of section 11; and(vii) the manner of granting mining lease by the state government to the holder of the composite licence under sub-section (10) of section 112 the matters in respect of which rules may be made and notifications issued are matters of procedure and administrative detail and it is not practicable to provide for them in the proposed legislation itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the mines and minerals (development and regulation) act, 1957 (67 of 1957) 3 in this act, unless the context otherwise requires,—definitions(a) "leased area" means the area specified in the mining lease within which mining operations can be undertaken and includes the non-mineralised area required and approved for the activities falling under the definition of mine as referred to in clause (i);(aa) "minerals" includes all minerals except mineral oils; 35 of 1952(i) the expressions, "mine" and "owner", have the meaning assigned to them in the mines act, 1952 chapter ii general restrictions on undertaking prospecting and mining operations4 (1) no person shall undertake any reconnaissance, prospecting or mining operations in any area, except under and in accordance with the terms and conditions of a reconnaissance permit or of a prospecting licence or, as the case may be, of a mining lease, granted under this act and the rules made thereunder:prospecting or mining operations to be under licence or leaseprovided that nothing in this sub-section shall affect any prospecting or mining operations undertaken in any area in accordance with terms and conditions of a prospecting licence or mining lease granted before the commencement of this act which is in force at such commencement:18 of 2013provided further that nothing in this sub-section shall apply to any prospecting operations undertaken by the geological survey of india, the indian bureau of mines, the atomic minerals directorate for exploration and research of the department of atomic energy of the central government, the directorates of mining and geology of any state government (by whatever name called), and the mineral exploration corporation limited a government company within the meaning of clause (45) of section 2 of the companies act,2013, and any such entity that may be notified for this purpose by the central government: 4a (1) termination of prospecting licences or mining leases(4) where the holder of a mining lease fails to undertake mining operations for a period of two years after the date of execution of the lease or having commenced mining operations, has discontinued the same for a period of two years, the lease shall lapse on the expiry of the period of two years from the date of execution of the lease or, as the case may be, discontinuance of the mining operations:provided that the state government may, on an application made by the holder of such lease before it lapses and on being satisfied that it will not be possible for the holder of the lease to undertake mining operations or to continue such operations for reasons beyond his control, make an order, within a period of three months from the date of receiving of such application, subject to such conditions as may be prescribed, to the effect that such lease shall not lapse:provided further that such lease shall lapse on failure to undertake mining operations or inability to continue the same before the end of a period of six months from the date of the order of the state government:provided also that the state government may, on an application made by the holder of a lease submitted within a period of six months from the date of its lapse and on being satisfied that such non-commencement or discontinuance was due to reasons beyond the control of the holder of the lease, revive the lease within a period of three months from the date of receiving the application from such prospective or retrospective date as it thinks fit but not earlier than the date of lapse of the lease:provided also that no lease shall be revived under the third proviso for more than twice during the entire period of the lease 5 (1) a state government shall not grant a reconnaissance permit, prospecting licence or mining lease to any person unless such person—| ||----------------|| restrictions || on the grant || of prospecting || licences or || mining leases |(b) satisfies such conditions as may be prescribed:procided that in respect of any mineral specified in part a and part b of the first schedule, no reconnaissance permit, prospecting licence or mining lease shall be granted except with the previous approval of the central government:provided further that the previous approval of the central government shall not be required for grant of reconnaissance permit, prospecting licence or mining lease in respect of the minerals specified in part a of the first schedule, where,—8a (1) (8) notwithstanding anything contained in this section, the period of mining leases, including existing mining leases, of government companies or corporations shall be such as may be prescribed by the central government| ||-----------------|| period of grant || of a mining || lease for || minerals other || than coal, || lignite and || atomic || minerals |8b (1) the provisions of this section shall apply to minerals, other than the minerals specified in part a and part b of the first scheduleprovisions for transfer of statutory clearances(2) notwithstanding anything contained in this act or any other law for the time being in force, the successful bidder of mining leases expiring under the provisions of sub-sections (5)and (6) of section 8a and selected through auction as per the procedure provided under this act and the rules made thereunder, shall be deemed to have acquired all valid rights, approvals, clearances, licences and the like vested with the previous lessee for a period of two years:provided that subject to such conditions as may be prescribed, such new lessee shall apply and obtain all necessary rights, approvals, clearances, licences and the like within a period of two years from the date of grant of new lease(3) notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the new lessee to continue mining operations on the land, in which mining operations were being carried out by the previous lessee, for a period of two years from the date of commencement of the new lease 9b (1) district mineral foundation(3) the composition and functions of the district mineral foundation shall be such as may be prescribed by the state government 10 of 2015(5) the holder of a mining lease or a prospecting licence-cum-mining lease granted on or after the date of commencement of the mines and minerals (development and regulation) amendment act, 2015, shall, in addition to the royalty, pay to the district mineral foundation of the district in which the mining operations are carried on, an amount which is equivalent to such percentage of the royalty paid in terms of the second schedule, not exceeding onethird of such royalty, as may be prescribed by the central government10 of 2015(6) the holder of a mining lease granted before the date of commencement of the mines and minerals (development and regulation) amendment act, 2015, shall, in addition to the royalty, pay to the district mineral foundation of the district in which the mining operations are carried on, an amount not exceeding the royalty paid in terms of the second schedule in such manner and subject to the categorisation of the mining leases and the amounts payable by the various categories of lease holders, as may be prescribed by the central government9c (1) the central government shall, by notification, establish a trust, as a non-profit body, to be called the national mineral exploration trustnational mineral exploration trust 10a (1) rights of existing concession holders and applicants10 of 2015(2) without prejudice to sub-section (1), the following shall remain eligible on and from the date of commencement of the mines and minerals (development and regulation) amendment act, 2015: —(a) applications received under section 11a of this act;10 of 2015(b) where before the commencement of the mines and minerals (development and regulation) amendment act, 2015 a reconnaissance permit or prospecting licence has been granted in respect of any land for any mineral, the permit holder or the licensee shall have a right for obtaining a prospecting licence followed by a mining lease, or a mining lease, as the case may be, in respect of that mineral in that land, if the state government is satisfied that the permit holder or the licensee, as the case may be,—(i) has undertaken reconnaissance operations or prospecting operations, as the case may be, to establish the existence of mineral contents in such land in accordance with such parameters as may be prescribed by the central government;(ii) has not committed any breach of the terms and conditions of the reconnaissance permit or the prospecting licence;(iii) has not become ineligible under the provisions of this act; and (iv) has not failed to apply for grant of prospecting licence or mining lease, as the case may be, within a period of three months after the expiry of reconnaissance permit or prospecting licence, as the case may be, or within such further period not exceeding six months as may be extended by the state government; 10b (1) the provisions of this section shall not be applicable to cases covered by section 10a or section 17a or to minerals specified in part a or part b of the first schedule or to land in respect of which the minerals do not vest in the government grant of mining lease in respect of notified minerals through auction(3) in areas where the existence of mineral contents of any notified mineral is established in the manner prescribed by the central government, the state government shall notify such areas for grant of mining leases for such notified mineral, the terms and conditions subject to which such mining leases shall be granted, and any other relevant conditions, in such manner as may be prescribed by the central government(4) for the purpose of granting a mining lease in respect of any notified mineral in such notified area, the state government shall select, through auction by a method of competitive bidding, including e-auction, an applicant who fulfils the eligibility conditions as specified in this act [10] m c(6) without prejudice to the generality of sub-section (5), the central government shall, if it is of the opinion that it is necessary and expedient to do so, prescribe terms and conditions, procedure and bidding parameters in respect of categories of minerals, size and area of mineral deposits and a state or states, subject to which the auction shall be conducted:provided that the terms and conditions may include the reservation of any particular mine or mines for a particular end-use and subject to such condition which allow only such eligible end users to participate in the auction [10] m cgrant of nonexclusive reconnaissance permits10c (1) non-exclusive reconnaissance permits may be granted in respect of any notified mineral or non-notified mineral or a group of specified minerals, other than minerals specified in part a or part b of the first schedule, subject to such terms and conditions as may be prescribed by the central government(2) the holder of such non-exclusive reconnaissance permit shall not be entitled to make any claim for the grant of any prospecting licence-cum-mining lease or a mining lease:provided that the holder of non-exclusive reconnaissance permit who carries out the prescribed level of exploration in respect of deep seated minerals or such minerals as may be notified by the central government, may submit an application to the state government for the grant of any prospecting licence-cum-mining lease as per the procedure laid down under section 11 or a mining lease as per the procedure laid down under section 10b and with a view to increase the reconnaissance and prospecting operations of such minerals, the central government shall prescribe such procedure, including the bidding parameters for selection of such holdersexplanation—for the purposes of this sub-section, the expression "deep seated minerals" means such minerals which occur at a depth of more than three hundred meters from the surface of land with poor surface manifestations11 (1) the provisions of this section shall not be applicable to cases covered by section 10a or section 17a or to minerals specified in part a or part b of the first schedule or to land in respect of which minerals do not vest in the government grant of prospecting licence-cummining lease through auction in respect of minerals other than notified minerals(4) the state government shall notify the areas in which prospecting licence-cummining leases shall be granted for any minerals other than notified minerals, the terms and conditions subject to which such prospecting licence-cum-mining leases shall be granted, and any other relevant conditions, in such manner as may be prescribed by the central government(5) for the purpose of granting prospecting licence-cum-mining leases, the state government shall select, through auction by method of competitive bidding, including e-auction, an applicant who fulfils the eligibility conditions as specified in this act (10) a holder of a prospecting licence-cum-mining lease, who completes the prospecting operation as laid down in sub-section (9) and establishes the existence of mineral contents in the area in conformity with such parameters as may be prescribed for this purpose by the central government, shall be required to apply for a mining lease for such area and shall have the right to get the mining lease and thereafter undertake mining operations in accordance with the provisions of this act [10] m c12a (1) transfer of mineral concessions(2) a holder of a mining lease or a prospecting licence-cum-mining lease granted in accordance with the procedure laid down in section 10b or section 11 may, with the previous approval of the state government, transfer his mining lease or prospecting licence-cummining lease, as the case may be, in such manner as may be prescribed by the central government, to any person eligible to hold such mining lease or prospecting licence-cummining lease in accordance with the provisions of this act and the rules made thereunder [10] m c(6) the transfer of mineral concessions shall be allowed only for concessions which are granted through auction:provided that where a mining lease has been granted otherwise than through auction and where mineral from such mining lease is being used for captive purpose, such mining lease may be permitted to be transferred subject to compliance of such terms and conditions and payment of such amount or such amount or transfer charges as may be prescribedexplanation—for the purposes of this proviso, the expression "used for captive purpose" shall mean the use of the entire quantity of mineral extracted from the mining lease in a manufacturing unit owned by the lessee chapter iv rules for regulating the grant of prospecting licences and mining leases13 (1) the central government may, by notification in the official gazette, make rules for regulating the grant of reconnaissance permits, prospecting licences and mining leases in respect of minerals and for purposes connected therewithpower of central government to make rules in respect of minerals(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:— (qqh) the terms and conditions for grant of non-exclusive reconnaissance permits under sub-section (1) of section 10c; (qqk) the amount to be payable by a government company or corporation, or a joint venture for grant of mining lease under sub-section (2c) of section 17a; and(r) any other matter which is to be, or may be, prescribed under this act 17a (1) reservation of areas for purposes of conservation(2a) where in exercise of the powers conferred by sub-section (1a) or sub-section (2), the central government or the state government, as the case may be, reserves any area for undertaking prospecting or mining operations, the state government shall grant prospecting licence or mining lease, as the case may be, in respect of such area to such government company or corporation:provided that in respect of any mineral specified in part b of the first schedule, the state government shall grant the prospecting licence or mining lease, as the case may be, only after obtaining the previous approval of the central government (2c) a mining lease granted to a government company or corporation, or a joint venture, referred to in sub-sections (2a) and (2b), shall be granted on payment of such amount as may be prescribed by the central government penalties21 (1) 2 of 1974(6) notwithstanding anything contained in the code of criminal procedure, 1973, an offence under sub-section (1) shall be cognizable lok sabha———— a billfurther to amend the mines and minerals (development and regulation) act, 1957————(shri pralhad joshi, minister of parliamentary affairs, coal and mines)mgipmrnd—1586ls(s3)—11-03-2021

Parliament_bills

b9d08acb-8ca2-518a-a856-915948f91637

bill no 318 of 2015 the motor vehicles (amendment) bill, 2015 byshri dushyant chautala, mp a billfurther to amend the motor vehicles act, 1988be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the motor vehicles (amendment) act, 2015short title and commencement(2) it shall come into force on such date as central government may, by notification inthe official gazette, appointamendment of section 2''(17a) institute of driving training and research'' means an institution established under sector 215a''3 after section 215 of the principal act, the following section shall be inserted, namely:—insertion of new section 215a5''215a (1) the central government for every district in the union territories and the state government concerned for every district in the state, shall, by notification in the official gazette, establish at least one institute of driving training and research for carrying out the purposes of this actestablishment of institutes of driving training and research in every district(2) every institute of driving training and research established under sub-section(1), shall discharge the following functions—(a) impart training to persons who intend to seek driving licence;10(b) providing periodical refresher course to the drivers; (c) undertake research on road safety; and(d) any other function as may be assigned to it by the central government or the state government, as the case may be'' statement of objects and reasonsaccording to the report titled ''road accidents in india, 2013'' of the union ministry of road transport and highways, the total number of reported road accidents in the year 2012 and 2013 were 4,90,383 and 4,86,476, respectively, and the number of persons killed were 1,38,258 and 1,37,572, respectively further, the severity of accidents (number of persons killed per 100 accidents) for the years 2012 and 2013 was 282 and 283, respectively the data indicates that despite the reduction in the number of persons killed during 2013, the accident severity had increased as compared to the previous yearit has also been noticed that for the year 2013, about 78 per cent of the road accidents were caused due to human errors ie due to fault of drivers these statistics clearly indicate that many drivers who have been given the licence to drive are not properly trainedthus, today the country needs an institutional mechanism which can impart holistic training to the licence seekers as well as to the drivers these institutions shall educate these persons the correct method of driving, get them acquainted with different driving environment and make them educated about road safety rules and regulations further, such institutions shall also conduct research and surveys for developing a better road safety guidelines and techniquesa scheme for setting up a model driving training institute was formulated by the government and during the 11th five year plan, eight institutes of driving training and research were sanctioned however, as on date, only three are functional hence, there is a need that such institutions in large number with at least one institute per district in the country be establishedthe bill, therefore, seeks to amend the motor vehicles act, 1988 with a view to establish at least one institute of driving training and research in each district of the country so that the number of road accidents and consequently the number of deaths in road accidents can be brought down in the countryhence this billnew delhi;dushyant chautalanovember 18, 2015 financial memorandumclause 3 of the bill seeks to provide for establishment of at least one institute of driving training and research by central government in each district in the union territories and state governments in every district of the state to impart training to persons intending to seek driving licence the expenditure in relating to the state shall be borne from the consolidated funds of the respective states and expenditure relating to union territories shall be incurred from the consolidated fund of india the bill, therefore, if enacted, would involve expenditure of about rupees fifty two crore and forty lakhs per annum from the consolidated fund of indiaa non-recurring expenditure of about rupees forty four crore is also likely to be involved lok sabha———— a billfurther to amend the motor vehicles act, 1988————(shri dushyant chautala, mp)gmgipmrnd—2941ls(s3)—08-12-2015

Parliament_bills

5ca84020-5f57-5339-a2ea-8448f866d9b5

bid no 70 of '1981' _ _- ---- the export-import bank of india bn,l,· ' i981 arrangement of clauses chapi'er ipal:launary clausfb1 short title, extent and commencement 2 definitions chapter ii establisjppnt of the exfort-import bank of india ann incorporation thereof3 establishment and incol'j'ol'ation of exporwmport bank of india 4 authorised capital chapter iii management 01' the exim bank5 management 6 constitution of board '1 committees 8 fees and allowances of directors and members of committees " -, 9 disquali~cations chapter iv business of the exim bank10- bw\iness"of exim bank chapter v resources of the exim bank11 loans by central government 12 borrowings and acceptance of deposits by ex;i~ b~dk 13 loans in foreign currency 14 grants, donations, etc, to exim bank chapi'er vi export development fund15 export development fund clauses16 credits to export development fund 17 utilisation of export development fund 18 debits to export development fund 19 accounts and audit of export development fund 20 liquidation of export development fund chapi'er vii general fund, accounts and audit21 general fund 22 preparation of accounts and balance-sheet 23 disposal of profits accruing to general fund 24 audit 25 saving chapter viii transfer of part of bus!nfss of developmj:nt bank26 transfer of part of business of development bank chapter ix miscellaneous27 staff of exim bank 28 delegation of powers 29 returns 30 obligation as to fidelity and secrecy 31 defects in appointments not to invalidate acts, etc 32 arrangement with exim bank on appointment of directon to prevail 33 indemnity of directors 34 protection of action taken in good faith 35 act 18 of 1891 to apply in relation to exim bank 36 section 34a and section 36ad only of act 10 of 1949 to apply to exim bank 37 act 43 of 1961 and act 7 of 1964 not to apply to exim bank 38 liquidation of exim bank 39 power to make regulations 40 amendment of certain enactments 41 power to remove difficulty the first schedule the second schedule the exe?,ort-import ba[k of i~dia bill, 1981 (to belas introduced in ipk sabha)1 page 5, line 33;-ru "trat" ~ "that" 2 page 13, lines 23 and 24,-fqr "finaning" nad "financing" 3 page 18, line 32, in column (i),-, for "clause, ( viii)" ~ "clause (byiii)" 4 page 19, line 5, in columri (i)1-for "( 4)" ~ ii( 4j) " 5 page 19, in co lumn (2),-against line 29,- in se r t "ib - " ' page 19, ljne 31, in column (i),-omit "full" ? page 2-, line 8 from bo t tom, -, !q!: "ctivi ties" ~ "act;ivi ties 1f 8 page 2', line ? from bo t tom,-nu: "0 grant" ntaf1 lito grant" 9 p ag'e 30, line 10 from bo ttom,-,fqr "and" ~ "any" new dellii; may 4, 1981 vaisakha14, 1903,( saka) bill no 70 of 1981 the export-import bank of india bill, 1981 a billto establish a corporation to be known as the export-import bank of india for providing financial assistance to exporte'j's and importers, and for functioning as the principal financial institution for co-ordinating the working of institution! engaged in financing export and import of goods and sertlices with a view to promoting the country's international trade and for matters connected therewith or incidental thereto be h enacted by parliament in the thirty-second year of the republic of india as follows:- chapi'er i preliminary5 1 (1) this act may be called the export-import bank of india act, 1981 short title, extent and colqdlenceldlint !! ~ '(2) it extends to the whole of india (3) it shall come into force on such date as the central ;-, ' government may, by notification in the official gazette, appoint, f 0 and different dates may be appoillt~d for di~erent provislom of this act 2 in this act, unless the context otherwise requires,-(a) "boardl ' means the board cif directors of the exim bank referred tq in section 6; (b) "development bank" means the industrial development bank of india established under the indus-s trial development bank of india act, 1964; 18 of 19m (c) "exim bank" means the export-import bank of india established under section 3; (d) "export" and "import" mean, respectively, export from or import into india or any other country of goods or 10 services, or both; (f» "goods" includes all materials, commodities and articles in a solid, liquid or gaseo'us state and all fonns of energy; (f) "notification" means a notification published in i, the official gazette; (g) "prescribed" means prescribed by regulations made under this act; (h) "reserve bank" means the reserve bank of incua constituted under the reserve bank of india act, 1934; 20 2 of 193 •• ~ (i) "scheduled bank" means a bank, for the time 2 of 1934 being, included in the second schedule to the reserve bank of india act, 1934; (j) "services" includes,-(1) providing personnel (including skiue<l or un- 25 skilled workmen and persons for rendering technical or ~ other services) for the purposes of any work or project (by whatever name called') or any activity; ·(11) transferring of technology, including transferring, or securing the transfer of ri~ht8, knowhow ex- 30 pertises or other skill with respect· to any patent, invention, model, design secret formula or process or similar property; (iii) furnishing any information, blueprints, plans, or advice with respect to any matter; and (iv) making availabl~ any other resources chapter n establishment 0" the exl'ort-import bank 0" lirola and incorporation mereof u t and ideorpora tlao of i:qiort import bank of iiuua 3 (1) with effect from such date as the central government may by notification appoint there shall be established 40' for ,the purposer of this act a corporation to be known as the ~rt"fmport bank of india : (2)'l'he exim bank shall be a· body corpora~\\dth 'tbe name a!ore'!said bavinli{ l)erpetual succession an,d ,8 ~q~on 4s ,ealwi ~~f subject to the f()yi~q~s of thil a~, \q' acqtiffe~ i ht)ld 'aiitl atij, tit property and to cotttract, and may, ,bf~t~"sue)or,he sued : 'r (~) _the~~a4 oftice of the exim bank shall be at bombay , ,of,,~t~ such, otper ~~ce as th~ central government iiuly, by 5 jl9wication, specify (4) the exim bank may establish ~ces, branches or ,)ieen,;ies at nch places in or outside india as it may consider necessary ' 4 (1) ,the authodsed tapital of the exim bank shall be two authorised 10 huddred crores of rupees: capital pj:ovided that the central government may, by notification, inerease the said eapital up to five hundred crores of rupees (2) the'risued capital of the exim bank shall be wholly ~rlhd by, the central government 15 chapi'er iii management of the exim bank5: (1) 'thegelleral slilperintendenoe, direction and manage-management mentof, the affain: and business of the exim bank shall vest in the board, wfiieh may exercise all powers and do all acts ~o and things which may be exercised or done by the exim bank ,(2) : save as qtherwise provided in the regulations made under this act,-(a) the chairman, if he is a whole-time director or if he is holding offices both as the chairman and the managing 'director, or (b) the man~ging director, if the chairman is not a whole-tilile director, or, if the chairman being a wholetime <urector, is absent, shall· also have powers of general superintendence, direction 30 and management of the affairs and business of the exim bank and may also exercise all powers and do all acts and things 'wliteh tnay be exercised or done by the exim bank (3) subject to the provisions of this act, the board in discharging its functions shall act on business principles with 3s ·d·te regard to public interest (4) in the discharge of its functions under this act, the exim bank shall be guided by such directions in matters of poucyrinvolvingpublic interest as the central government ~y give to it in writing 40 6 (1) the board of directors of the exim bank shall consist constitution of ,the following, ,namely: _ of board (a) a rhairman and a managing director appointed by the central government: i' r : ' "'prowded'thatthe"same petsonmay,,1deappointeg ,to fs fwmiqij ~qth ~s chairman llnd as ma-na~ng directorj (b) one director nominated by the reeerve b~;, (c) one director nominated by the development bank; (d) one director nominated by the export credit and guarantee corporation limited, being a government company within the meaning of section 617 of the com-5 panies act, 1956; 1 of 1958 (e) not more than twelve directors nominated by the central government of whom-(i) five directors shall be officials of the centrpl government; 10 (ii) not more than three directors shall be from the sch€'duled banks; (iii) not more than four directors shall be persons who have special knowledge of, or professional experience in, export or import or financing thereof j 5 (2) the chairman and the managing director shan hold office for such term, not exceeding three years, as the central government may specify in this behalf ana any person so appointed shall he eligible for re-appointment (3) notwithstanding anything contained in sub-section (1), 20 the central government shall have the right to terminate the term of office of the chairman or the managing director, as the case may be, at any time before the expiry of the term specffied 'under sub-section (2) by giving him notice of not less than three months in writing or three months' salary and 25 allowances jn lie'll thereof, and the chairman or the managing director ae; the case may be, shall alro have the right to relinquish hie: rtffice at any time hefore the expiry of the term sperified under sub-se'!tinn (2) bv {!iving to the central government notice of not less than three months in writing or 3lj three month,,' sabry and allowances in lieu thereof (4) the chairman and the mana~ng director shall receive such salary and allowances as may be determined by the central government (5) the central government may, at any time, remove 35 the chairman or the managing director, as the case may bf, from office: providerl that no ner!'lon shall be removed from his ofrlce under this sub-section unless he has been given an opportunity of showin£r cause against his removal 40 (6) any director nominated under sub-clause (iii) 0'1 clause (e) of sub-section (1) shall hold office for a period of two years (7) any other director nominated under this section shall hold office during the pl~sqre of the authority nominating 45 ~ (8) the board shall meet at such times and places and shall obsel'yesuch rules of procedure in regard to the transaction of business at its meetings as may be prescribed (9) the chairman or, if for any reason he is unable to '5 attend a meeting of the board, the managing director or, in the event of both the chairman and the managing director being unable to attend a meeting, any other director nominated by the chairman in this behalf and in the absence of such nomination any director elected by the directors present !from 10 among themselves, shall preside at the meeting (10) all questions which come up before any meeting of the board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the chairman, or in his absence, the managing director, 15 or in the absence of both the chairman and the managing director, the person presiding, shall have and exercise a second or casting vote (11) save as otherwise provided in sub-section (10), every director of the board shall have one vote, 20 7 (1) the board may constitute such committees whether q>nunitteee, consisting wholly of directors or wholly of other persons or partly of directors and partly of other qersons for such purpose or purposes as it may think fit (2) any committee constituted under sub-section (1) shall 25 meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed fees and allowances c1i directors and members of conunitteea, 8 the directors and the members of a committee shall be paid such fees and allowances as may be prescribed for attend-30 ing the meetings of the board or of any committee constituted in pursuance of this act and for attending to any other work of the exim bank: provided trat no fees shall be payable to the chairman, if he is appointed as a whole-time chairman, or to the managing 3s director or to any other director or member who is an oftlcial of the government, the reserve bank or the development bank 9 no person shall be a director of the board constituted diaqualiftcationa under this act, who-40 (a) is, or at any time has been, adjudged insolvent, or (b) is of unsound mind and has been so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the o~on of the central government, involves moral tur-·pitude, or (4):ats, in, the,·opiitiga of tde ,cbattal;qoueillftl~ so ; ~wseg' hia~posi1ton ,as a direetor, as tto :nmdert iaia,nms' nuance ani, tbe bouddetrimental totbe iatsestaol· iha general public, or (e) has been, for any reasoft, removed,fromtbe board; 5 chapter iv business of the exim ba"hi!:19, (1) the exim bank may grant in or outside india iqansand advances by itself or in participation with 8ilybadk business of exim bank oj: financial institution whether in or outside india for ~ pul'_ 10 poses of export or import and shall also function as the principal financial institution for co-ordinating the working of institutions engaged in financing of the export and import in such manner as it may deem apprdl;lriate (2) the exim bank may also carryon and transact all or j 5 any of the following kinds of business, namely:-(a) granting loans and advances to a scheduled bank or any other bank or financial institution notified in the official gazette by the central government in this behalf by way of refinance of loans and advances granted by it for 20 purposes of export or import; (b) underwriting the issue of stocks, shares, bonds or debentures of any company engaged in export or import; (c) issuing bid bonds or guarantees in or outside india by itself or in participation with any government, bank or 25 financial institution in or outside india; (d) accepting, collecting, discounting, re-discounting, purchasing, selling or negotiating in or outside india, bills of exchange or promissory notes arising out of trlillls-actions relating to export or import and granting of loans 30 and advances in or outside india against ~h bills ,or promissory notes; (e) granting, opening, isswng, confu:ming or endoraing letters of credit and negotiating or collecting bills ,aild other documents drawn thereunc;ler; 35 (f> undertaking any transaction involviag' ·acomblna tion of government to government and commercial clltt: for purposes of export or import; (g) granting lines of credit to the' govql'did8dt'lof lily foreign state or any financial institution :qr penaollloujikie,40 india for purposes of export or import; (h) granting loans and advances 'outside india for any in?ian ,joint venture; (i) granting loans and advancesao,ajlf·pqnia~adia in connection with his equity contribution in any joint 45 ", l:vetuul'e in any country outside jndia;·' (;) financing ~xport or ~ of: 'm'at:~"'and equipment on lease basis; ',() , ," ,: (ie) subicribidg to, or investing in, or purchasing of, stocks, shares, bonda or debentures of any development bank or export-import bank of any country outside !della; 5 '(i) buying or selling of, or entering into such other dealings in, foreign exchange, as may be necessary for the discharge of its functions; (m) q:,eniilg of any account in any bank in or outside india or the making of any agency arrangement with, or aeting 8s an agent or correspondent of, any bank or other institution 1n or outside india; 10 (n) transferring, for consideration, any instrument nlatin'g to loans and advances granted by it; (0) issuing participation certificates; (p) subscribing to, or investing in, or purchasini of j 5 stocks, shares, bonds or debentures to the extent necessary for the enforcement of a lien, pledge or other contractual right; (q) undertaking and financing of research, surveys, techno-economic or any other study in connection with 120 the promotion and development of international trade; (r) providing technical, a:dministrative and financial assistance of any kind for export or import; (s) planning, promoting, developing and financing export-oriented concerns; (t) forming or conducting subsldiaries for carrying out ita fudctiodsi (1£) acting as agent of the central government, any state government, the reserve bank, the development bank or any other person as the central government may authorise; go (v) collecting, compiling and disseminating market and ereciit mformation in respect of international tl"ade; (10) doing any other kind of business which the central government may authorise; 35 (~ generally doing such other acts and things as may be tncmental to, or consequential upon, the exercise of its powers or the discharge of its duties under this act or any other law for the time being in force, including sale or transfer of any of its assets to c' (3) the exim bank may receive in co~deration of any o'f the service mentioned in sub-sections (1) and (2) such com-iiliiihn bjlokerase, interest, remuneration or fees u may be ainid upoa ~ (~) tb~ ~ baak shall not grant any loan or advance 45 or other fbi8nclal accommodation on the security of i_ cnna bonds or debentures chapter v resources of the e:xik bamtll the central government may, after due appropriation made by parliament by law in this hehalfl advance to the exim bank- ••• 5 loans by central governmenl (a) a loan of twenty crores of rupees at a rate of interest of five and a quarter per cent per annum repayable in fifteen equal annual instalments, commencm on the expiry of a period of fifteen years from the date of receipt of the loan; and 10 (b) such further sums of money by way of loan on such terms and conditions as may be agreed upo : provided that the central governmont may, on a request being made to it by the exim bank, increase the number of instalments or alter the amount of any instal- 15 ment or vary the date 011 which any instalment is payable under dause (a) ~ 12 (1) the exim bank may, for the purposes of carrying out its functions under this act,-(a) issue and sell bonds and debentures with or with- 20 out the guarantee of the central government; 'borrowings and acceptance ofdeposits byexim bank (b) borrow money from the reserve bank-(i) repayable on demand or on the expiry of fixed periods not exceeding ninety days from the date on which the money is so borrowed against the secu- 25 rity of stocks, funds and securities (other than immovable property) in which a trustee is authorised to invest trust money by any law for the time being in force in india; (ii) against bills of exchange or promissory notes 30 arising out of bona fide commercial or trade transactions and bearing two or more good signatures and maturing within five years from the date of the borrowing; (iii) out of the national industrial credit (long ss term operations) fund established under section 46c of the reserve bank of india act, 1934 for any of the 2 of 193'-purposes specified in that section; (c) borrow money from such other authority, organisation or institution in india as may generally or ape- 40 dally be approved by the central government; (d) accept deposttsrepayable 'after tbeexplry:of • : period which shall not be less than twelve monthl inm· the date of the making of the deposit on such ~,as ·'may generally or special1ybe 'approved bytbe :a~~rveas b8dk; " ' , ('' , ~ \ ~) the central government may, on a reqaett bein, made u; :it;hy the exim bank, guarantee the bonds and debentures issued ~ that bank as to the repayment of priaelpai ad the "jjayment of interest at such rate as may be ked by that s government loansln foreiln currency 46 of 1973 13 notwithstanding anything contained in the foreign exchange regulation act, 1973 or in any other law for the time being in force relating to foreign exchange, the exim bank may, for the purpose of granting loans and advanees 10' under this act, borrow, with the previous consent of the central government, foreign currency from any foreign state or from any bank or financial institution in any foreign country or otherwise 14 the exim bank may receive gifts, grants, donations or is benefactions from government or any other source in or outside india grants, donations, -m:, to exim bank chapter vi export development fund15 with effect from such date as the central government ~o may, by notification, appoint, the exim bank shall estabusb a spedal fund to be called the export development fund export develop ment fund 16 to the export development fund shall be credited-credits to export development fund (a) all amounts received for the purposes of that fund by way of loans, gifts, grants, donations or benefactions from government or any other source in or outside india; (b) repayments or recoveries in respect of loans, advances or other facilities granted from the fund; (c) income or profits from investments made from the 30 f'und; and i '(d) income accruing or arising to the fund by way of interest or otherwise, on account of the application of the fund in accordance with the provisions of section 17 utilisa tion of export development fund 17 (1) where the exim bank considers it necessary or 35 desirable so to do, it may, subject to the provisions of subsections '(2) and (3), disburse or spend from the export development fund any amount on account or in consequence of the grant of any loan or advance, or on account or in conseque~e of entering into any arrangement under sub-section (1) 40 or clause (0) or clause (c) or clause (d) or clause(q) or clause (r) or clause (8) or clause (w) or clause (x) of sud-section (2) of section 10: °providttd that before granting any such loan or advanee or ent~ngfn10 any such arrangement, the exim bank sliad olj-4s tain the: prior approvlll of the central go~mment (2) befqre seeking the approval of the central ~t udder ,su~tion (1) the exim bank ban aatiafja j 1~:t1aat banking or other ftnad0ial instjtoutions orothe: , not likely to grant such loan or advance, or to enter, mto,iqj such arrangement in the ordinary course of bl1s1~ul 5 (3) the central government shall, before giving its appr0-val, satisfy itself that such loan, advance or arrangem$dtja necessary as a matter of priority in the interests of the international trade of the country (4) for the removal of doubts, it is hereby declarecltbat 10 nothing contained in this section shall be deemed to preela4e the exim bank from granting any loan or advance or from entering into any arrangement under sub-section (1) or elaule (~) or clause (c) or clause (d) or clause (q) or clause (t') or clause (s) or clause (w) or clause (x) of sub-section (2) i, of section 10 without the approval of the central government if no amount in respect thereof is to be disbursed or spent from the export development fund 18 (1) to the export development fund shall be deblted-(a) such amounts as may 'from time to time be dil- 20 bursed or spent under sub-section (1) of section 17; debit to export development fund '(b) such amounts as may be required for discharglng the liabilities in respect of loans received for the purposes of that fund; (c) any loss arising on acco'unt of investment made is out of that fund; and (d) such expenditure arising out of, or in connection with, the administration and application of the fund may be determined by the board (2) no amount shall be debited to the export development go fund e~ept as provided for in sub-seetlon (1) 19 (1) the balance-sheet and accounts of the export,development fund shall be prepared in such form and manner as may be prescribed accounts and audit ofezport develop ment fund (2) the board shall cause· the books and accouuts of the !is export development fund to be closed and balanced as on the 31st day of december each year (3) the export development f\md shall be audited by one or more auditors (\ppcnnted by the central government tulcler sec:u9n 24 who shall make a separate report themoll 40 (4) the provisions of sub-sections (2), (8), (4) and (8) of section 24 shall, so far as may be apply in relation to the audit of the export development fund (5) the exim bank shall furnish to the central government, withiu four mcmthl-from the date, oil -wbich the ~tii 45 of the export development fund are clotedand bajanoad a ~py of the ba~anc~sh~t~nd ~c~1dlts t~~er wit~ ~ ;, oirthe-::lwlitara' report and a report on·the operation 'of the '~d,·4"'agdberelevaat year 8dd the 'cedtnl go~t abidl, 8br'jioodq 'may be after they are received by it, c811ie the imide' to be laid before each houle of parliament s zo' the elc:port development fund shall not be closed or wound up save by order of the central government and in such manner as that government may direct chapter viiliquidation of export development fund general fund, accounts and auditgeneral fund 10 11 all receipts o'f the exim bank other than those which are to 'be -credited to the export development fund under'this act shall be 'credited to a fund to be called the general fund and all payments by the exim bank, other than those which are to be debited to the export development fund, shall be r s made out of the general fund 22 (1) the balance-sheet and accounts of the exim bank shall be prepared in such form and manner as may be prescribed (2) the board shall cause the bonks and accounts of the prepara-tion of accounts and balancesheet go ex:im bank to be closed and balanced as on the 31st day of december eaeh year 23 (1) the exim bank may establish a reserve fund to which may be transferred mlch sums as that bank may deem fit out of the annual profits accruing to the general "fund disposal of profits accruing to general fund 25 (2) mter making provision for bad and doubtful debts, depreciation of assets and for all other matters for which provision is necessary or expedient or which is usually provided for by bankers and for the reserve fund referred to in subsection (1), the exim bank shall transfer the balance of the 30 net profits to the central government audit 1 qf 1956 24: (1) the account~ of the exim bank shall be audited by auditors duly q'llalified to act as auditors under sub-section (1) at section 226 of the companies act, 19::'16, who shall be appointed by the central government for such term and on 3s such remuneration as the central government may fix (2) the auditors shall be supplied with a copy of the and1ill'balance-sheet"of the exim bank and it shall be tbefr duty to examme it together with the accounts and vouchen r~~tijlg thereto and they shall have a list delivered to them 40 of all boolcs' kept ,by the exfm bank and shad at all ~a8o~ab~ ,tijn~, have access to the books, accounts, vouchers and outer cic)cuments fif the exim bank, (a)' 'fhe 8'i1ditors may, in relation to such accounts,examme any director or any ,oftlcer or other employee of the 4s exfm bank and shall be efttitled 'to require from t}w!:1!oard or· , '4)1' other employee· of the exim bank· su~b information ,and explanation as they may thmk necessary for the perfwm~n(!~ cj1 tp'~ir ~uij~~ (4) the auditors shall make a report to the bdm bank upon the annual balance-sheet and accounts examined bytbem and in every such report they shall state whether in 'th8ir opinion the balance-sheet is a full and fair baladce-lheet coiltaining all necessary particulars and properly drawn up 10 as 5 to exhibit a true and fair view of the state cif aftairs of the exim bank and in case they had called for any explanation or information from the board or any officer or other employee of the exim bank whether it has been given and whether it is satisfactory 10 (5) thp exim bank shall furnish to the central government within four months from the date on which its accounts are closed and balanced, a copy of its balance-sheet and accounts together with a copy of the auditors' report and a report of the working of the exim bank during the relevant j 5 year, and the central government shall, as soon as may be after they are received by it, cause the same to be laid before each house of parliament (6) without prejudice to anything contained in the preceding sub-sections, the central government may, at any time, 20 appoint the comptroller and auditor-general of india to examine and report upon the accounts of the exim bank and any expenditure incurred by him in connection with such examination and report shall be payable by the exim bank to the comptroller and auditor-general of india 25 saving 25 save as otherwise provided in sub-section (4) of section 19, nothing contained in this chapter shall apply to tbe export development fund chapter viii trans jon of part of business of development bank 30transfer of part of bus inebb of developmentbank 26 (1) on such date as the central government may, by notification, appoint, all business, property, assets and liabilities, rights, interest, privileges and obligations of whatever nature of the development bank in so far as they relate to the export financing functions of that bank shall stand transferred to, and 35 vest in, the exim b!lilk (2) for the transfer to, and vesting in, the exim bank under sub-section (1), the exim bank shall pay to the development bank such amount in such manner and in such number of instalments as may be determined by the central governmenl 40 (3) all contracts, deeds, bonns, agreements, powers-ofattorney, grants of legal representation and other instruments of whatever nature of the development bank which relate to the export financing functions of that bank and which are subeisung or having effect immediately before the date refer- 4s red to in sub-section (1) and to which the said bank is a party or which are in fevour of that bank shall,-(0) if they relate exclusively to the export :financing functions of that bank, be of full force ana erect against or in favour vf the exim bank, as the case may be, and may be enforced and acted upon as fully and effectively as if instead of the development bank the exim bank had been a party thereto or as if they had been issued in favour 5 of the exim bank; and (b) if they relate not only to the export financing functions of the development bank but also to any of the other functions of that bank, be of full force and effect against or in favour of both the development bank and the 10 exim bank and may be enforced or acted upon as fully and effectively as if in addition to the development bank the exim bank had also been a party thereto or as if they had been issued in favour of the development bank and also the exim bank 7 is (4) if, on the date referred to in sub-section (1), any suit, appeal or other legal proceeding of whatever nature relating to the export financing functions of the development bank is pslding, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the e:xim 20 bank of the business of the development bank or of anything contained in this act, but the suit, appeal or other proceeding may,,,-(a) where it relates exclusively to the export finaning functions of the development bank, be continued, prosecuted and enforced by or against the exim bank; and (b) where it relates not only to the export financing functions of the development bank but also to any of the other functions of that bank, be continued, prosecuted and enforced by or against the development bank and the exim bank or, if the central government by s~ order in writing so directs, by or against such one of the said two benks, as may be specified in such order (5) if any question arises as to whether any eontraat, deed, bond, agreement, powers-of-attomey, grant of legal represen-s5 taticmor other instrument referred to in wb-section (3) or any 5uit, appeal or other legal proceeding referred to in sub-section () relates or relates exclusively to the export financing functions of the development bank, it shall be referred to the central government for decision and the decision of the cen-40 tra! government thereon shall be final of 1964 (6) the provisions of this section shall have effect notwithstllllding anything eontalned in the industrial development bank of india act, 19m or any other law or any fnstrument havmgtorce by virtue of the said act or other law chapter ix 45 misci:llanilot12'1 (1o)theexim bank may appoint such number of ofilceri and· other employees 88 it aodsiders lliiceaury or dlsirable fol' the eftlclent performance of if8 funct10na and cletermine the 50 terms and concliti0d8 of their appointment and -vice (2) without prejudice to the provisions of sub-secuon(l), it shall be lawful for the exim bank to utwle, and for'the deyelopment bank: to make available the sel"v'icea of i\ich std of the development bank having expetieace re1a'tih, to export financing functions on such terms and condfttons as may s be agreed upon between the exim bank and the development b~ i dele~ uon of powers returns (3) the dlolties and conduct, terms and conditions of 8iii'¥1ce and the establishment and maintenance of a provident fum! or any other fund for the benefit of the officers and other emplo- 10 yeea of the exim bank shall be such as may be prelcribed zi the board may, by general or special order, delegate to any direeror or any offh::er or other employee of the exim bank, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions udc\er is this act es it may deem necessary 29 the exim bank shall furnish, from time to time, to the central government such returns as the central gov'el'dj!leldt may require obligation tolldelit, and secrecy 30 (1) the exim bank shall not, except as otherwise reo- 20 quired by this act or any other law, divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage customary among bankers, necell8al'y or appr0-priate for the exim bank to divulge such information 25 (2) the exim bank may, for the purpose of efficient discharge of its functions under this act, collect from, or furnish to, the central government, the development bank or any scheduled bank or such other financial institution, as may be notified in the official gazette by the central government in this behalf,30 credit information or other information as it may codsider useful for the purpose, in such manner anel at such tlmes, as it may think fit - ~nwion-for the purpose of this 8ub-eecttoo, tile_· pr~ "credit information" shall have the same men, 35 in clauie (c) of section 45a of the reserve bank of imiiaact, 1934, sub~ to the roodificatioa that "banking compaay:"'" 2 of 19m ferrec! to therein shall mean the development bmt,any duled bank or other financial institution as afereaaid (3) every director, member of a committee, auditor or am· 40 cer 0, ot~r ~ployee of the l:xim bank or cd the ~pjimiim bank whose services are utilised by the him bank ~ tm provisions of this act, shall, beforee~ upojl hie- make a declaration of fidelity and secrecy in the form set out in the first schedule 45 31 (1) no act or proceediilg of the board or of any c0mmittee of the him bank shatt be questioned on the ground mqily of tbe «x!istenee of an,-vaeiiloy, til, or4t6et ~ tile conmttutioe 01,' the boud'or t_coiiiidittee;'sstlle< __ ·~'" defects in appo-intments dol to mvalidate ada, ate (2) no act done by any person acting in , good ~th as a director shall be deemed to be invalid merely on the groulld that he was disqualified to be a director or that there was any other defect in his appointment 5 32 (1) where any arrangement entered into by the exim bank with a company provides for the appointment by the exim bank of one or more directors of such company, such provision and any 'appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to j of 1956 arradlementwith exim bank on appointment of directors to prevail " 10 the contrary contained in the compan ie03 act 1956, or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the company, and any provision regarding share qualification, agelimit, number of directorships, removal from office of directors i" and such like conditions contained in any such law or instru-- ment aforesaid, shall not apply to any director appointed by the exim bank in pursuance of the arrangement as aforesaid (2) any director appointed as aforesaid shall-20 (a) hold office during the pleasure of the exim bank and may be removed or substituted by any person by order in writing of the exim bank; (b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing the number ot directol'6 liable to such retirement indeoulity of directors 33 (1) every director shall be indemnified by the exim bank against all losses and expenses incurred by him, in, or in 30 relation to, the discharge of his duties, except such as are caused by his own wilful act or default (2) a director shall not be responsible for any other director or for any officer or other employee of the exim bank or tor any 1088 or expenses resulting to the exim bank from the 35 insufficiency or deficiency of the value of, or title to, ~ property or security acquired or tak~ on behalf of the exim bank or the insolvency or wrongful act of any debtor or any per80il under obugation to the exim bank or anything done in iood 40 faith tn the execution of the duties of his office or in relation thereto " protection of action taken in iood faith -,,~lljfo stiit· or' other legal proceeding mal1lle agabiit the 'film :bailk oranydireetol' or any oflk!er or mherimnploywiof "the'mnn'bank:orany 'other person aut~ by' ddfn bank to discharge any functions' under this actl 'fordy kii8 'or damage caused or likely to be caused by anything which is in 5 good faith done or intended to be done in pursuance of this aict'ol" any other law or provision having the force of law - , 'the bankers' books evidence act, is!}! shall apply in relm10n to the exim bank as if it were a bank as defined in seetion2 of that act 10 act 18 of 1891 to' applytll relation toexim bank 38: nothing' contained in the banking regulation act, 1949, except, 'section 34a and section 36ad thereof, shall apply to the exim bank section 34a and section 36adonly of act 10 of 1919 to apply toexlm bank 37 notwithstanding anything contained in the income-tax act, 1961, or the companies (profits) surtax act 1964 or any t 5 othec enactment for the time being in force rehiting to tax on income, profits or gains, the exim bank shall not be liable to pay income-tax, surtax or any other tax in respect of- act 43 of 1981 and act 7 of 1964 not to apply toexbn bank (~ • , income, profits or gains accruing to the export dewls>pment fuftd or any amount received to the credit 20 of that fund; and - (b) any income, profits or gains derived, or any amount recmved,' by 'the ~m bank liquidation of exim bank 38: no provision of any law relating to the winding up of companies or corporations shall apply to the exim bank and' the 25 exim bank shall not be placed in liquidation save by an order of the central government and in such manner as it may direct power to makereplatton • at!, (:1) the ,board may, with the previous approval of the 0ml'al'~' mab re,ulations not inccmsia4iebt with tma aetto'pmytde 'fot 'au matters for which provision atty,~, ~ilt for the purpose of giving e1fecttothe, provi_ go ·of/th!a·~ , f j"'(jflti partittilar aildwitbout ~udiceto:tm:i,erertttilt; ' ,dae foregoing power, such regulations may provide for~ (a) the times and placeso!> the-meetings of the board or of any committee constituted under this act and the procedure to be followed at such meetinga including the quorum necessary for the transaction of business; 5 (b) the fees and allowances that maybe paid 'td 'the dtreetors and the members of 'a committee; , (c) the form and manmer in which·tlu! ~~ and the account of the export developmert f~ ~dcil- tlje exim bank shall be prepared; 10 (d) the duties and conduct, and the terms and conditions of ~ervice of the officers and other employees of t~ exim bank; (e) the establishment and matnteaance of provldent fund or any othel- fund for the benefit of the ofileen·tiftd other employees d the exim bank; and (f) any other matter which is to be, or may be, preserihed (3) every regulation made by the board under this act shall be laid, as soon as may be after h is made, before each 20 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 modifiea-25 tion in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modifted form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation 30 ·40 thf! (>nactments specified in the second schedule shall be amended 'in the manner directed in the first column thereof and such amendments shall take effect on the dates s}>elciftecl in the second column of that schedule amend mentor certain enact ments power to remove dlftlculty 41 if any difficulty arises in giving etfectto the pj'pvns 3s of this act, the central government may, by or"" dedytjling, not inconsistent with such provisions, for the purpoje of removing the difbculty: provided that no aueh,orde,r ball bem_iiftett"the' urira-40 tion of three years from the date of commencemert-'df tiiw}\qt [see section 30 (3) ] declaration of fidelity and smcrecyi , do hereby declare that i will faithfully, truly and to the best of my skill and ability execute s and perform the duties required of me as director, member of " committee, auditor, officer or other employee (as the case may be) of the export-import bank of india and which properly relate to the office or position held by me in or in relation to the said exim bank 10 i further declare that i will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the export-import bank of india or to the affairs of any person having any dealing with the said exim bank, nor will i allow any such person to 1 s inspect or have access to any books or documents belonging to or in the possession of the said exim bank and relating to the business of the said exim bank or the business of any person having any dealing with the said exim bank (signature) 20 signed before me the second schedule (see section 40) amendments of certain mactments part i amendments to the reserve bank of india act, 1934amendments date on which amendments shall take 30 effect (i)1 in section2, after clause (viii), insert the following clause, namely:-| the | date | of ||----------|---------|----------|| lishment | of | the exim || bank | | || 35 | | |'(b"iiia) "exim bank" means the export-import bank of india established under the export-import bank of india act, 1981 ' 2 in section 1,,-do (a) in clause (4g), after the words "the deve1~ ment bank", insert the words "or the exim bank"; (b) in clause (4-1), after the words" development bank", insert the words "the exim bank"; 45 (c) aner clause (i-i), insert the following ~uiic, ~ly:_ amendmenta date on which amendments shall take effect (i) 5 10 '(4) the making to the exim bank the date of estabof loans and advanceslishment of the exim bank (ii) repayable on demand or on the expiry of a fixed period not exceeding ninety days, from the date of such loan or advance against the security of stocks, funds and securities (other than immovable property) in which a trustee is authorised to invest trust money by any law for the time being in force in india; or 20 (b) against the security of bills of exchange or promissory notes, arising out of bona fide commercial or trade transactions bearing two or more good signatures and maturing within five years from the date of such loan or advance, (d) in clause (12b), after the words "the devdopment bank" insert the words "the exim bank", 3 in section 42, in sub-clause (e) of the explanation under the proviso to su bose ction (1), after the 30 words "or from the full development bank", insert the words or from 'be exim bank" do 35 4 in section 46 c, in sub-section (2), after clause (b), insert the following clauses namely:-ec(e) the makingto the exim bank of loans and advances for the purposes of any business of the exim bank ; (d) the purchas~ of bonds and debentures issued by the exim bank", part ii amendment to the industrial dlsput1!8 am', 1947 (140' 1947)amendment date on which amendment shau take effect 45 in section !z, in clause ebb), after the words the date of estab-"and includes" insert the words "the export-1mlishment of the port bank of india" emn bank part iii amendmbwrsto the banking reoulation aot, rs49· (10 of 19-4-9)amendments 5 date on which amendments ~ take effect (2) (j) --------10 the date of estal>-tilitment of the :eaim bank 1 in section 18, in the explatullion, in clause (6), after the words "the lttd' __ dewlopment bank of india", insert the·weids ''or from the export-import bank ofindiatl, do do 15 il in section 3¢ inll,u~tioll (j) ~ the word "includes" ~t_ t4c' woidi c~tju: export- import bank oj~" 3 in section 36ad ill' ailb-jcctioo (3), after the word "inc1uda" insert the words "the export-import bank of india," do ll" 4 in section 56, in clause(,b) actac elipliination under clause (j) after tbeiwdrda "dleiadumial development bank of india, n , :imlcrt the m "the export import bank ()f india," statement of objects and reasons'j1iteiibtll ''see1m' i tb 'pl'alde-for 'the establishment of ~rporation to be known as the export-import bd,ofllldla"to strengthen and broad-base the existing institutional arrangem~s('to'rrt~t' the'i-~utterrt~nts of internatl0l1al tracfe which 'is-~~ to gtow'ft1i't1il!r'as the country's economy m~s rurthet'1ptogte~8 2 ~'s&l'tffit!featur~!of the '}ijill-are-(i) the export-import bankwill functien as -the principal 'financial instit~tion for' financing, india,'s internatio,nal ' trade and' for coordinating the working of siinrar institutions and' will also undertake limited development and merchant banking ~nctions in relation to export oriented fndastrif!l! ; {ii) the export-import bank of iniia will be a statutory corporation fully owned by central government; add (iii) its resources wil mainly comprise of contributions from g6vemment in the form of grants and loans, jdbket borrowings, deposits of long term duration from the p1iillic aric;l short~terrn and long-term funds of the reserve bank of lildia, 3 the bill seeks to achieve the above objects notes on uih -apfiellilllld,to -the- biu explain in detail thevario\lsprovisions ,of tbe bill ·ltiiw~ '1~''21tn april/' 1981 i clause i-this clause deals with the extent and commencement of the act clawe 2-this clause seeks to define certain expressions in the bill special mention may be made about the deftnition of the expressions "export" and "import" the said expressions have been defined in a comprehensive manner so as to cover all types of export and import of goods of all description turnliey projects and construction contracts as well as all kinds of services, including consultancy services further, these expressions would also cover the activities of export or import not only from and into india but also the third countries in connection with the project exports clause 3-this clause seeks to provide for the establishment of the export-import bank of india with headquarters at bombay and also for the establishment of its offices and branches in or outside india clawe 4-this clause deals with the share capital and the ownership of the export-import bank it provides for an authorised capital of two hundred crores of rupees which may be increased by the central government to five hundred crores further, the issued capital shall be wholly subscribed by the central government clauses 5 and 6-these two clauses intl!r alia provide for the mana~t!ment of the export-import bank and tor the vesting of the aif&irs and business of that bank in a board of directors whose strength has been fixed at the maximwn of sixteen or seventeen, depending on the circwnstances as to whether the same person is appointed to function both as chairman and managing director or two persons are to be appointed separately in respect of the two aforesaid posts it may also be mentioned that provision has been made for the representation of the exporting community on the board clause 7-this clause empowers the board to constitute committees for such purposes as it may think fit clauses 8 and 9-while clause 8 seeks to provide for the payment of fees and allowances to directors and members of the committee, clause 9 provides for the disqualifications of a rlirector clause lo-this clause gives details of the functions which can be undertaken by the export-import bank of india apart {rom the normal banking functions connected with the export and import of goods, such as grant of loans and advances, issue of guarantees anti participation certi1icates etc, a dumber of other functions are proposed to be entrusted to tlwl~inipott bank,'iii k~ping with the iyn~ jole·it hiiti1!d play in the 'field of expor't'financingsuehfwicuou iri~' !) ; i ( (a) ~g of expor~ from and importa~toddi onq' india, but also third countries of goods and services; , , '(b) financing of joint ventures in foreign countries~ (c) financing· of export and import of mac~ '~aiul equipment on lease basis; and (d) providing loans to an indian party so as'to enable' ' tb4t party to contribute in the share cap~tal of a joptt v~ture ~ a foreign country th~ ~port-import bank will also undertake limiter! merchantbarkjng functions such as under-writing of stocks, shares, bonds or ~ebentures of companies, engaged in the export or import and providing technical, administrative and financial assistariee to' parties in connection with export or import the exportldiport bank can also undertake the developing and financidi of export-oriented industries it is also proposed to entrust ~be export-import bank with the task of 'wldertaking transactions luvolving a combination of government-to-governinent and commercial credit for the purposes of export or import the bank will also give lines of credit to foreign governments and foreign financial institutions the export-import bank is alsoi>eing permitted to collaborate with similar institutions in developing countries by enabling it to participate in the share capital of such institutions in the role of the principal financial institution in the field of financing exports, it will give re-~ce to ~mmercial banks and financial institutions in respect of the loans and advances granted by them for the purpose of export and import claue8 11 and 12-clauses 11 and 12 respectively seek to provide fol' loans by the central government and borrowinsb :ancl acceptance of deposits by the export-import bank the central government is being authorised to grant a soft-loan ·of twenty crores af rupees to the bank which will be repayable in meen annual instalments after a moratorium of fifteen years, the rate of interest being five and a quarter per cent it is expected that the issued capital and the soft-term loan placed "'8t~ disposal of the export-import bank would give it funds '~quate· 'ed'ough to carry on its activities till such time as it is ·\,te tc{eam iruftlclent income for the purpose ;~·l(r''''l 1 ': 1 i ilj ;, like otberfinancial institutions, the export-import ~ -'woilltl also be able' to borrow' from the open rlu1rket thtou8h the issue of bonds and debentures besides, 1t will also' en'joy 'j'~:;~uw~~ accom~odation f~om t~e reserve ~ against (~ ~w,'iti~s and )~~nt of bllls and pro~ nota ,~i~}~~¥ ~~ ~ ,cojllijlercial an4 other transacti~ 'ill addition to the above, funds from the national mdusu-1a1 credit (long-term operations) }'und set up by the reserve badk of india at the time of the establishment of the industrial, development bank of india would also be available to the export-import 'bank for the purpose of its business clauses 13 and 14-while clause 13 enables the export-import bank to borrow foreign currency in or outside india for the purposes of its operations, clause 14 enables it to raise resources by acceptance of giits, grants, etc, either from government <ir any other sources clauses 15 to 20-these cla"lses inter alia deal with the establishment of a special fund to be called the export development fund which would be utilised mainly for the purposes of research, training, survey, market intelligence etc, in connection with the country's international trade as well as for financing proposals which are unlikely to be supported by banks and other financial institutions this is on the lines of the development assistance fund established by the industrial develop-inent bank of india the accounts of the export development fund would be maintained separately and would also be audited by statutory auditors and an annual report on its operations would be submitted to the central government cza~e 21-this clause seeks to provide for the maintenance of a general fund to which all other income earned by the export-import bank would be credited the general fund would be utilised by that bank for its normal operations claulte 22-this clause provides for the preparation of balance-sheet and profit and loss acc<7w1t of the export-import bank and closure of books and accounts as on the 31st december each year as in the case of commercial banks clause :l3-clause 23 provides that the export-import bank may establish a reserve fund to which may be transferred such sums as that bank may deem fit from out of the annual profits occurring to the general f'und it further provides that that bank shall, after making provision for bad and doubtful debts, depreciation of assets and for all other matters which are usually provided for by banks and for the reserve fund, transfer the balance of the net profits to the central government clause 24-this clause inter alia provides for the account of the export-import bank being audited by auditors duly qualified to act as such under the companies act, 1966 to be appointed by the central government the central government may also, at any time, appoint the comptroller and auditor-general to examine and report upon the account of the export-import bank 1-clause 25-this clause makes a saving provision to ediui'e that nothing contained in chapter vii except as otherwfst fovided for in 8ub-section () of aectlon l' shall apply 10 ttte export development fund clause 26-this clause provides for the transfer of the bwrineas of the development bank in so far as it relates to the export flnancing functions of that bank to the export-import bank such transfer will include all property, assets and liabilities rights, interest, privileges and obligations of what-'ever natl1r£ the consideration for such transfer shall be paid by,the export-import bank to the industrial development 'bank tn such manner and in such number of instalments as may be determined by the central government suitable provision hap also been made to cover cases of transfer to the export-import bank of functions which relate not only to the export financing functions of the development bank but allb to any of the other functions of that bank it has also been made clear that in case, any question arises as to whether any contract, deed bond, agreement, power of attorney, grant of legal repre!'lentation or other instrument referred to in subclause (3) or any suit, appeal or other proceeding referred to in sub-clause (4) relates or relates exclusively to the export financing functions of the development bank, it shall be referred to the central government whose decision thereon shall be final clause 27-clause 27 provides for the appointment of the staff by the export-import bank for the efficient performance of its functions it also ennbles the export-import bank to utilise, it'! consultation with the industrial development bank, such of its staff as have expe:-ience in export financing clause 28-this clause provides for the delegation of the powers and functions of the board under the act clause 29,-this clause makes it obligatory for the export-import bank to furnish from time to time returns to the central gclvernment clawlf> 30-this clause seeks to impose on the export-import bank the obligation not to divulge any information relating to or to the affairs of its constituents except in the circumstance~ stated in that clause it also provides for a declaration of fidelity and secrecy by the director member of a committee auditor or officer or other employee of the export-import bank or of the develpment bank whose services are utillsed by the export-import bank before entering upon his 'd\1ties clause 31-this clause is a usual provision to ensure defects in appointments etc from invalidating the acts of the board or its committees -clause 32,-this clause enables the export-import b~nk to i appoint its nominees on the board of directors of the com- )lanies which are to be assisted by it it is also provided that by'rea!!on f)f hf'fn~ th~ nnminee!l nf that bank, the directors will not i~cur any obligation or liability for anything done fit omiifm'to"be done in good faith in the discharge of their dutftl u i " ' , ' such nominees ' clause 33-this clause seeks to indemnify the direetol' of the export-import bank against all losses and expenses 1i1curred, by him in or in relation to the discharge of his duties other than those caused by his own wilful act or default , clcwae 34--,thio;: clause is the usual provision relating io protection of rction taken in good faith " " clntbes 35 and 36-thc!'ie twc clauses seek to regulate the application of the bankers' books evidence act, 1891 and to a limited extent of the banking regulation act, 1949 to the export-import bank cl4me 37-this clause pro'vides for the exemption of the export-import bank from payment of income tax and 811 other taxes on income, profits or gains and is on the lines of similar exemption given to the reserve bank nf india and to the industrial development bank of india claule 38,-:-'nlis clause ensures that no provision of a law ~e1~ting to thp wir,ding up of companies or corporationl1 shan apply to the export-import bank which shall not be placed in uquidation except by an order of the central government ctawe 39-thie clause seeks tn empower the board of directors 0f the export-tmport bank with the previous approval of the central government to make regulations not inconsistent with the act for the purpose of (!lying effect to the ~vislon6 of the act and in p8rti~u18r in respect of the matters speci1\ed in that clause dame 40-this clause !'lrovfdes for amendments to the reserve bank of india act 1934, the industrial disputer act, 1947 and the banking regulation ac:t, 1949 the amendments to the resej've bank of india act are mafnly consequential this win enllhle the reserve bank to j;trant fluitabl accommodation tn the fxport-tmport bank from out of the national industrial credit (lon~-term opertions) fund the other amendments wip f_nable the reserve b_ ,to grant accommodation to tt>~ hport-troport bank agafn~t trustt"e sectl!rlties loanr and advance!': and pnrch!'\se of foreign~hange ffom the reserve'b"n~t of india f~~ the purpose'~f ita ftnancl~ 'ctivities t"e rec;pl'v~ bnnk of tnclir is also betn~ernpbweled n rrant shnrt;-tf"t'm 10fln!j, to the l;"cnnrt-tmport ~ theamendmettt to the inrlustriaj nisputes, act, 1m7, is"to j clartfy :that the apprpnriate go~r/lt'nent iurelatl(iq to • ny r }ndusuia1 ,di'u>ute ;'wolvwg the ~'"iport-import bank will be the' cf'ntral govpmme"t the ame!,<iment tr the bankin fr re!!ulatfon act lr 101' the l'urpoge of extend1nr; tl') tho:! export-tmpnrt bank the protectjoi\ " i ' against any demand by any tribunal or authority under the jd dustrial disputes act, 194'7 for disclosure of information regarding its inner reserves the other amendment prohibits the holcling of any agitation by the staff of the export-import bank within its premises; l:laube 41-tius clause is the usual provision rela~ns to tbe making of an order by the centn:! government to re~o\;~ ~~y' dith4:wty that may arise in giving effect to the provisions ot~ act and its o~ration i6 limited to a period ot three years liolll the date of commencement of the act c~ause 4 (1) provides that the export-import bank of india shall have an authorised capital uf two hundred crores of rupees pause 4 (2) provides that the bslled capital of the export-jmp9rt bank of india "hall be wholly subscribed by the oewtral government it is proposed that a sum of fifty crores of rupees may be provided in the budget for 1981-82 for setting up the export-import bank of india a sum of twenty-five crores (jf rurees may have to be contributed by the central government annualjy from the years 1982-83 to 1987-8~ <:0 that the paid up capital is brought up to the hmit of the au1horised capital of two hundred crores of rupees f'urther contributions may have to b~ made as and when the authorised cavils1 i!; increased bey~nd rllpees two hundred crores by notification in the othcial gazette as provif1ed for under this clause, but the quantum and i;lhasfng of such contributions cannot be anticipn1c:d cit this stage clause 11 (a) provides for n loan of twenty crores of rupt>cs to the export-import bank of ir:dia from the central government at a rate of interest of five dnd a quarter per cent to be repaid in fifteen equal annual inc;talments, the repayment co:<1lmencing on the expiry of fifteen y('nr~ from the date of the receipt of the loan this loan of 1wenty crores of rupees is proposed to be given to the export-import bank of india in 1981-82 clause neb) provides for further sums of money by way of loans to the export-import bank of india from the cpntral government on such terms and conditions as may be agreed upon it may be necessary for that government from the year ]982-83 onwards to grant loans ranging from fifteen crores of rupees to twenty-five crores of rupees every year for a few years on such terms snd conditions as may be agreed upon clause 12(2) read with clause 12(1) (a) provides th~t the central government may, on a request being made by tl]e export-import bank of india, guarantee the bonds and debentures issued by that bank as to the repayment of orincipal and payment of interest at such rate as may be fixed by that gcvernment the extent of this contingent liabilltv wilt depend upon the size of the market borrowings of the 'exoott-import bank of india the exact quantum of which would be known only after the bank has started functioning clause 14 provides that the export-import bank of indfa may receive gifts, grants, donations or any benefactions from the central government it is not proposed at thts !ita1!e to make any contribution to the export-import bank of india under this provision clause' 15 provides for the establishment of aneqmitt ot!velopplent f:!-md clause 16(a) provides that all olmounts by way of loans gifts grants, donations or benefactions' from government' or any other source in india or elsewhere would' be credited to the export development fund even though no loans or grants are proposed to be given' by the central government to the fund in the year 1981-82 loans and grants ~re proposed to be provided to the fund in later years d~d; ing upon the requirements of the fund no other provision of this bill involves any other expctiditure of a recurring or non-recurring nature from out of the consolidated fund of india plause 39 ot the, bill jlrovides that the board of directors of ~e ~rt-lmport bank of india may, with the prmous appj;'oval of the central government, make regultions nat ~codai8tent with the act for giving effect to the provisions of ~ ¥t which inter alia relate to the following matters, ~~:-(a) the times and places of the meetings of the board or of any committee constituted under the act and the proc~dure to be followed at such meetings, including the quorum necessary for the transaction of business; (b) the fees and allowances that may be paid to the directors and the members of a committee: (c) the form and manner in which the balance-sheets and the account of the export development fund and the export-import bank shall be prepared; (d) the duties and conduct and the terms and conditions of service of officers and other employees of the export-import bank: (e) the establishment and maintenance of provident fund or any other fund for the benefit of the officets and other employees of the export-import bank 2 clause 41 of the bill empowers the central government to removp by order and difficulty which may arise in giving effect to the provisions of the act this is by way of abundant caution and for covering difficulties which it is not practicable to visualise 3 as the matters with respect to which i:qbulations may be made under clause 39 pertain to matters of procedure or detail and as the matters with respect to which orders may be made under clause 41 pertain to matters which it is not praeticable to visualise at this stage, the delegation of legislative power is of normal chlilracter annexure extrac'l'i!! from the reserve bank of india a'ct, 1934- (2 of 1934) - - - - - 2 in this act, unless there is anything repugnant in the subject or context,-defini_ tions - (a) "agricultural operations" includes animal husbandry, dairy and poultry farming, pisciculture and other allied activities, whether or not undertaken jointly with agricultural operations; - - - - - business which the bank may transact 17 the bank shall be authorised to carryon and transact the several kinds of business hereinafter specified, namely:-- - - - - - (4g) the making of loans and advances to, and the purchasing of bonds and debentures of, the development b:mk out of the national industrial credit (long term operations) fund established under section 46c; - - - - - - - (4-1' the making to scheduled banks, the development bank, the industrial finance corporat:on and any other financial institution as m,y, on the recommendation of the bank, be approved in this behalf by the central government of loans and advances repayable on demand or otherwise and against such security and on such other terms and cond:tions as may be approved in this behalf by the central board for the purpose of enabling such banks, or finandal institution, as the case may be, to purchase foreign exchange from the bank for the purpose of financing the import of capital goods or for such other purposes as may be approved by the central government - - - - - 42 (1) every bank included in the second schedule shall mainta:n with the bank an average daily balance the amount of which shall not be less than three per cent of the total of the demand and time liabilities in india 01 such bank as shown in the return referred to in sub-section (2): cash reserves of scheduled 'janbto be kept with the bank provided that the bank may, by notification in the gazette of india increase the said rate to such higher rate as may be specified in the notification so however that the rate shall not be more than ftfteen per cent of the total of the demand and time liabilities e3lj)1anatiofl-for the purposes of this section,-' (c) "liabilities" shall not include-- - - - - - (ii) the amount of any loan taken from the bank or from the development bank or from the agricultural refinance and development corporation, - - - - - - 46c (1) - - - - - national industrial credit (lon, term operations) fund (2) the amount in the said fund shall be applied by the bank only to the following objects, namely:-- - - - - - (b) the purchasing of bonds and debentures issued by the development bank, - - - - - - extracts from the industrial disputes a'et, 1947(14 of 1947) - - - - - - oefinitions, 2 in this act, unle~~ there is anything rep'llgnant in the subject or context-- - - - - - 10 of 5 of 4 of 3801 - - (bb) "banking company" means a banking company as defined in section 5 of the banking companies act, 1949, having branches or other e!'ltablishments in more than one state, and includes the industrial development bank of india, the reserve bank o'f india, the state bank of india, a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970, a corresponding new bank consftuted under section 3 of the banking compani'es (acquisition and transfer of undertakings) act, 1980, and any subsidiary bank as defined in the state bank of india (subsidiary banks) act, 1959; - - - - extracts from the banking regulation act, 1949cash reserve, (10 of 1949) - - - - - 18, every banking company, not being a scheduled bank, shall ma'ntain in india, by way of cash reserve with itself or 'n current account opened with the reserve bank or the state bank of india or any other bank notified by the central government in this be-ulf or part~ in oash with ,itseu and partly in such account or accowlts, a sum equivalent, to at least ,~hree per cent of the total of its time and demand liabilities in india, and shall submit to the reset'\ie bank before the fifteenth day 01 ~ry month a return howing the amount so held on friday - 26 of 1881 b~ each week of thepr~eding month with particulars of its time and 'demand liabilities in india on each such friday or 'f fri ' , 1 any such 'day is a public holiday under the negotiable instruments act, 1881, at the close of business on the preceding working day explanattion-in this section and in section 24, "liabilities in india" shall not include-•• - - - - - 2 of 1334 (b) any advance taken from the reserve bank or from the state bank of india or from the' industrial development bank of india or from the agricultural refinance corporation or from any bank notified by the central goverrment under clause (c) of the explanation to subsectbn (1) of section 42 of the reserve bank of india act, 1934 - - '" '" - - ma (1) '" '" - - production of document of confidential nature 3 of 1970 21 of 1976 40 of 1980 (3) for the purposes of this section, "banking company" indudes the industrial development bank of india, the reserve bank, the state bank of india a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970, a regional rural bank established under section 3 of the regional rural banks act, 1976, a corresponding new bank constituted under ~ection 3 of the banking companies (acquisition and transfer of undertakings) act, 1980, and any subsidiary bank '" '" '" '" '" 5 of 1970 punishm::'nts for certain activities in relation to banking companies 21 of 1976 40 of 1980 3had (1) '" '" (3) for the purposes of this section "banking company" includes the reserve bank, the industrial development bank of india, the statc i3a;1k of india, a corresponding new bank constituted under '3ection 3 of the banking companie;; (acquisition and tran~fer of undertakings) act, 1970, a hegional rural bank established under section 3 of the regional rural banks act, 1976, a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertaking'3) act, 1980, and any subsidiary bank '" '" '" '" '" '" 56 the provisions of this act, as in force for the time being, shall apply to, or in relation to, co-operative societ~es as they apply to, or in relation to, banking companies subject to the following modfications, namely:-act to apply to co-operative societle, '" '" '" '" - '" sub~~t to modificationa (j) for section 18, the following section shall be substituted, namely:-cash reserve '18 every co-operative bank, not being a state co-operative bank for the time being included in the second schedule to the reserve bank of india act, 1934, shall maintain in india, by way of cash reserve with itself or in current account opened with the reserve bank or the state bank of india or the state cooperative bank of the state concerned or with any other bank notified by the central government in this behalf or, in the case of a primary co-operative bank, with the central co-operative bank of the d·strict concernerl or partly in cash with itself and partly in such arcount or accounts, a sum equivalent to at least three per cent of the total of its time and demand liabilities in india, and shall submit to the reserve bank before the 15th day of every month a return showing the amount so held on friday of each week of the preceding month with particulars of its time and demand liabilities in india on each such friday, or, if any such friday is a public holiday under the negotiable inc;truments act, 1881, at the close of business on the preceding working day explanation-in this section and section 24 "liabilities in india" ~hall not include,- oil 2 of j 034 - (b) any advance taken from a state government, the reserve bank, the state bank of india, the industrial development bank of india, the agricultural refinance corporation or any bank notified by the central government under clause (c) of the explanation to sub-section (1) of section 42 of the reserve bank of india act, 1934; - - - , billto establish a corporation to be known as the export-import bank of india for providing financial assistance to e:cporters and importers, and for functioning as the principal financial institution for co-ordinating the working of institutions engaged in financing erport and import of goods and services '»ith a view to promoting the country's international trade and for matters connected the~with or incidental thereto (shri r venkataraman, minister of finance)

Parliament_bills

c8eaec84-46b8-5773-949b-e718df66b426

12, page 17, in the "statement of object and reasons",- (i) line 4, for "disigns" read "designs" (ii) line 18, for "follwed" read "followed" 13 page 19, in the "notes on clauses" line 11, for "incorporatied" read "incorporated" page 20, line 22, for "existign" read "existing" 14 page 21,- 15 (i) line 2, for "priorietor" and "wiring" read "proprietor" and "writing" respectively (ii) line 4, for "beign" read "being" (iii) line 28, for "maner" read "manner" 16 page 23, line 20, for "production documents" read "production of documents" page 24,- 17, (i) line 37, for "countires" read "countries" (ii) line 40, for "countires" read "countries" (iii) line 45, for "countires" read "countries" (iv) line 46, for "countires" read "countries" the designs bill, 1999 a billto consolidate and amend the law relating to protection of designs be it enacted by parliament in the fiftieth year of the republic of india as follows:— chapter i preliminaryshort title, 5 1 (1) this act may be called the designs act, 1999 (2) it extends to the whole of india | extent ||-----------|| commence- || ment |(3) it shall come into force on such date as the central government may, by notification, in the official gazette, appoint; and different dates may be appointed for different provisions of this act, and any reference in any such provision to the commencement 10 of this act shall be construed as a reference to the coming into force of that provision definitions2 in this act, unless there is anything repugnant in the subject or context,— (a) "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately; (b) "controller" means the controller-general of patents, designs and trade marks referred to in section 3; (c) "copyright" means the exclusive right to apply a design to any article in any class in which the design is registered; (d) "design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and 10 does not include any trade mark as defined in clause (v) of sub-section (/) of section 43 of 1958 2 of the trade and merchandise marks act, 1958 or property mark as defined in 45 of 1860 section 479 of the indian penal code or any artistic work as defined in clause (c) of 14 of 1957 section 2 of the copyright act, 1957, 15 39 of 1970 (e) "high court" shall have the same meaning as assigned to it in clause (i) of section 2 of the patents act, 1970; (f) "legal representative" means a person who in law represents the estate of a deceased person; 20 (g) "original", in relation to a design, means originating from the author of such design and includes the cases which though old in themselves yet are riew in their application; (a) "patent office" means the patent offfice referred to in section 74 of the pat- 39 of 1970 ents act, 1970 (i) "prescribed" means prescribed by rules made under this act; (j) "proprietor of a new or original design" ,— 25 (i) where the author of the design, for good consideration, executes the work for some other person, means the person for whom the design is so executed; (ii) where any person acquires the design or the right to apply the design 30 to-any article, either exclusively of any other person or otherwise, means, in the respect and to the extent in-and to which the design or right has been so acquired, the person by whom the design or right is so acquired; and 35 (iii) in any other case, means the author of the design; and where the property in or the right to apply, the design has devolved from the original proprietor upon any other person, includes that other person chapter ii registration of designscontroller and other officers 3 (1) the controller-general of patents, designs and trade marks appointed under sub-section (/) of section 4 of the trade and merchandise marks act, 1958 43 of 1958 40 shall be the controller of designs for the purposes of this act (2) for the purposes of this act, the central government may appoint as many examiners and other officers and with such designations as it thinks fit (3) subject to the provisions of this act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the controller such functions 45of the controller under this act as he may, from time to time, by general or special order in writing, authorise them to discharge (4) without prejudice to the generality of the provisions of sub-section (3), the controller may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another 5 officer appointed under sub-section (2) who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred 4 a design which— (a) is not new or original; or (6) has been disclosed to the public any where in india or in any other country | prohibition | of ||----------------|-------|| registration | of || certain | || designs | |10 by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or (c) is not significantly distinguishable from known designs or combination of known designs; or (d) comprises or contains scandalous or obscene matter, 15 'shall not be registered application for registration of designs 5 (1) the controller may, on the application of any person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, register the design under this act: provided that the controller shall before such registration refer the applicaiton for 20 examination, by an examiner appointed under sub-section (2) of section 3, as to whether such design is capable of being registered under this act and the rules made thereunder and consider the report of the examiner on such reference (2) every application under sub-section (/) shal! be in the prescribed form and shall be filed in the patent office in the prescribed manner and shall be accompanied by the 25 prescribed fee (3) a design may be registered in not more than one class, and, in case of doubt as to the class in which a design ought to be registered, the controller may decide the question (4) the controller may, if he thinks fit, refuse to register any design presented to 30 him for registration; but any person aggrieved by any such refusal may appeal to the high court (5) an application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within the prescribed time shall be deemed to be abandoned 35 (6) a design when registered shall be registered as of the date of the application for registration registration to 6 (1) a design may be registered in respect of any or all of the articles comprised in be in respect a prescribed class of articles of particular article(2) any question arising as to the class within which any article falls shall be 40 determined by the controller whose decision in the matter shall be final (3) where a design has been registered in respect of any article comprised in a class of article, the application of the proprietor of the design to register it in respect of some one or more other articles comprised in that class of articles shall not be refused, nor shall the registration thereof invalidated— 45 (a) on the ground of the design not being a new or original design, by reason only that it was so previously registered; or (b) on the ground of the design having been previously published in india or in any other country, by reason only that it has been applied to article in respect of which it was previously registered: provided that such subsequent registration shall not extend the period of copyright in the design beyond that arising from previous registration (4) where any person makes an application for the registration of a design in respect of any article and either— (a) that design has been previously registered by another person in respect of some other article; or (b) the design to which the application relates consists of a design previously 10 registered by another person in respect of the same or some other article with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, 15 then, if at any time while the application is pending the applicant becomes the registered proprietor of the design previously registered, the foregoing provisions of this section shall apply as if at the time of making the application, the applicant had been the registered proprietor of that design 7 the controller shall, as soon as may be after the registration of a design, cause publication of particulars of registered 20 publication of the prescribed particulars of the design to be published in such manner as may be prescribed and thereafter the design shall be open to public inspection designs 8 (/) if the controller is satisfied on a claim made in the prescribed manner at any power of controller to make orders regarding time before a design has been registered that by virtue of any assignment or agreement in writing made by the applicant or one of the applicants for registration of the design or by operation of law, the claimant would, if the design were then registered, be entitled thereto substitution of application, or to the interest of the applicant therein, or to an undivided share of the design or of that 25 etc interest, the controller may, subject to the 'provisions of this section, direct that the application shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicant or applicants, accordingly, as the case may require (2) no such direction as aforesaid shall be given by virtue of any assignment or agreement made by one of two or more joint applicants for registration of a design except with 30 the consent of the other joint applicant or applicants (3) no such direction as aforesaid shall be given by virtue of any assignment or agreement for the assignment of the benefit of a design unless— (a) the design is identified therein by reference to the number of the applica- 35 tion for the registration; or (b) there is produced to the controller an acknowledgment by the person by whom the assignment or agreement was made that the assignment or agreement relates to the design in respect of which that application is made; or (c) the rights of the claimant in respect of the design have been finally 40 established by the decision of a court; or (d) the controller gives directions for enabling the application to proceed or for regulating the manner in which it should be proceeded with under sub-section (5) (4) where one of two or more joint applicants for registration of a design dies at any 45time before the design has been registered, the controller may, upon a request in that behalf made by the survivor or survivors, and with the consent of the legal representative of the deceased, direct that the application shall proceed in the name of the survivor or survivors alone (5) if any dispute arises between joint applicants for registration of a design whether or in what manner the application should be proceeded with, the controller may, upon application made to him in the prescribed manner by any of the parties, and after giving to all parties concerned an opportunity to be heard, give such directions as he thinks fit for 5 enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it should be proceeded with, or for both those purposes, as the case may require certificate of 9 (1) the controller shall grant a certificate of registration to the proprietor of the registration, design when registered 10 (2) the controller may, in case of loss of the original certificate, or in any other case in which he deems it expedient, furnish one or more copies of the certificate register of designs 10 (1) there shall be kept at the patent office a book called the register of designs, wherein shall be entered the names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other 15 matter as may be prescribed and such register may be maintained wholly or partly on computer floppies or diskettes, subject to such safeguards as may be prescribed (2) where the register is maintained whoily or partly on computer under floppies or diskettes sub-section (/), any reference in this act to any entry in the register shall be construed as the reference to the entry so maintained on computer floppies or diskettes 20 (3) the register of designs existing at the commencement of this act shall be incorporated with and form part of the register of designs under this act (4) the register of designs shall be prima facie evidence of any matter by this act directed or authorized to be entered therein chapter iii 25 copyright in registered designscopyright on registration 11 (/) when a design is registered, the registered proprietor of the design shall, subject to the provisions of this act, have copyright in the design during ten years from the date of registration (2) if, before the expiration of the said ten years, application for the extension of the 30 period of copyright is made to the controller in the prescribed manner, the controller shall, on payment of the prescribed fee, extend the period of copyright for a second period of five years from the expiration of the original period of ten years 12 (1) where a design has ceased to have effect by reason of failure to pay the fee restoration of lapsed designs for the extension of copyright under sub-section (2) of section 11, the proprietor of such 35 design or his legal representative and where the design was held by two or more persons jointly, then, with the leave of the controller one or more of them without joining the others, may, within one year from the date on which the design ceased to have effect, make an application for the restoration of the design in the prescribed manner on payment of such fee as may be prescribed 40 (2) an application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the controller may require from the applicant such further evidence as he may think necessary | procedure | for ||--------------|-------------|| disposal | of || applications | || for | restoration |13 (1) if, after hearing the applicant in cases where the applicant so desires or the controller thinks fit, the controller is satisfied that the failure to pay the fee for extension 45of the period of copyright was unintentional and that there has been no undue delay in the making of the application, the controller shall upon payment of any unpaid fee for extension of lapsed designsof the period of copyright together with prescribed additional fee restore the registration of design (2) the controller may, if he thinks fit as a condition of restoring the,design, require that any entry shall be made in the register of any document or matter which under the provisions of this act, has to be entered in the register but which has not been so entered rights of 14 (j) where the registration of a design is restored, the rights of the registered proprietor shall be subject to such provisions as may, be prescribed and to such other 5 proprietor of lapsed design which have been re-stored provisions as the controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the benefit of applying the design between the date when the registration of the design ceased to have effect and the date of restoration of the registration of the design 10 (2) no suit or other proceeding shall be commenced in respect of piracy of a registered design or infringement of the copyright in such design committed between the date on which the registration of the design ceased to have effect and the date of the restoration of the design 15 (1) before delivery on sale of any articles to which a registered design has been™ 15 applied, the proprietor shall-— requirements before delivery on sales (a) (if exact representations or specimens were not furnished on the application 20 for registration) furnish to the controller the prescribed number of exact representations or specimens of the design; and, if he fails to do so, the controller may, after giving notice thereof to the proprietor, erase his name from the register and thereupon the copyright in the design shall cease; and (b) cause each such article to be marked with the prescribed mark, or with the prescribed words or figures denoting that the design is registered; and, if he fails to do 25 so, the proprietor shall not be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design unless he shows that he took all proper steps to ensure the marking of the article, or unless he shows that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design (2) where a representation is made to the central government by or on behalf of 30 any trade or industry that in the interest of the trade or industry it is expedient to dispense with or modify as regards any class or description of articles any of the requirements of this section as to marking, the central government may, if it thinks fit, by rule under this act, dispense with or modify such requirements as regards any such class or description of articles to such extent and subject to such conditions as it thinks fit 35 effect of disclosure on copyright 16 the disclosure of a design by the proprietor to any other person, in such circumstances as would make it contrary to good faith for that other person to use or publish the design, and the disclosure of a design in breach of good faith by any person, other than the proprietor of the design, and the acceptance of a first and confidential order 40 for articles bearing a new or original tertile design intended for registration, shall not be deemed to be a publication of the design sufficient to invalidate the copyright thereof if registration thereof is obtained subsequently to the disclosure or acceptance 17 (1) during the existence of copyright in a design, any person on furnishing such information as may enable the controller to identify the design and on payment of the | inspection ||---------------|| registered || designs |prescribed fee may inspect the design in the prescribed manner 45 (2) any person may, on an application to the controller and on payment of such fee as may be prescribed, obtain a certified copy of any registered design information as 18 on the request of any person furnishing such information as may enable the controller to identify the design, and on payment of the prescribed fee, the controller to existence of copyright shall inform such person whether the registration still exists in respect of the design, and, 50if so, in respect of what classes of articles, and shall state the date of registration, and the name and address of the registered proprietor cancellation of registration 19 (1) any person interested may present a petition for the cancellation of the registration of a design at any time after the registration of the design, to the controlier on any of the following grounds, namely:— (a) that the design has been previously registered in india; or 5 (b) that it has been published in india any other country prior to the date of registration; or (c) that the design is not a new or original design; or (d) that the design is not registrable under this act; or (e) that it is not a design as defined under clause (d) of section 2 10 (2) an appeal shall lie from any order of the controller under this section to the high court, and the controller may at any time refer any such petition to the high court, and the high court shall decide any petition so referred 20 a registered design shall have to all intents the like effect as against the government as it has against any person and the provisions of chapter xvii of the patents | designs ||-------------|| bind || government |39 of 1970 15 act, 1970 shall apply to registered designs as they apply to patents chapter iv industrial and international exhibitionsprovisions as to exhibitions 21 the exhibition of a design, or of any article to which a design is applied, at an industrial or other exhibition to which the provisions of this section have been extended 20 by the central government by notification in the official gazette, or the publication of a description of the design, during or after the period of the holding of the exhibition, or the exhibition of the design or the article or the publication of a description of the design by any person elsewhere during or after the period of the holding of the exhibition, without the privity or consent of the proprietor, shall not prevent the design from being registered or 25 invalidate the registration thereof: provided that— (a) the exhibjtor exhibiting the design or article, or publishing a description of the design, gives to the controller previous notice in the prescribed form; and (b) the application for registration is made within six months from the date of 30 first exhibiting the design or article or publishing a description of the design chapter v legal proceedings22 (1) during the existence of copyright in any design it shall not be lawful for any person— | piracy ||------------|| registered || design || 35 || (a) || for || the || purpose || of || sale || to || apply || or || cause || to || be || applied || to || any || article || in || any |class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, except with the licence or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied; or (b) to import for the purposes of sale, without the consent of the registered 40 proprietor, any article belonging to the class in which the design has been registered, and having applied to it the design or any fraudulent or obvious imitation thereof; or (c) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article (2) if any person acts in contravention of this section, he shall be liable for every contravention— (a) to pay to the registered proprietor of the design a sum not exceeding twentyfive thousand rupees recoverable as a contract debt, or (b) if the proprietor elects to bring a suit for the recovery of damages for any such contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly: provided that the total sum recoverable in respect of any one design under clause (a) 10 shall not exceed fifty thousand rupees: provided further that no suit or any other proceeding for relief under this sub-section shall be instituted in any court below the court of district judge (3) in any suit or any other proceeding for relief under sub-section (2), every ground on which the registration of a design may be cancelled under section 19 shall be available as 15 a ground of defence (4) notwithstanding anything contained in the second proviso to sub-section (2), where any ground on which the registration of a design may be cancelled under section 19 has been availed of as a ground of defence sub-section (3) in any suit or other proceeding for relief under sub-section (2), the suit or such other proceeding shall be transferred by the 20 court, in which the suit of such other proceeding is pending, to the high court for decision (5) when the court makes a decree in a suit under sub-section (2), it shall send a copy of the decree to the controller, who shall cause an entry thereof to be made in the register of designs 23 the provisions of the patents act, 1970 with regard to certificates of the validity 25 39 of 1970 of a patent, and to the remedy in case of groundless threats of legal proceedings by a paten- | application | of ||----------------|-------|| certain | || provisions | of |tee shall apply in the case of registered designs in like manner as they apply in the case of the act as to patents, with the substitution of references to the copyright in a design for reference to a patents to designs 30 patent, and of references to the proprietor of a design for references to the patentee, and of references to the design for references to the invention chapter vi general feesfees 24 (1) there shall be paid in respect of the registration of designs and applications therefor and in respect of other matters relating to designs under this act such fees as may 35 be prescribed (2) a proceeding in respect of which a fee is payable under this act or the rules made thereunder shall be of no effect unless the fee has been paid provisions as to registers and other documents in the patent office| notice | of | trust ||---------------|-----------|----------|| 25 | | || there | | || shall | | || not | | || be | | || entered | | || in | | || any | | || register | | || kept | | || under | | || this | | || act, | | || or | | || be | | || receivable | | || by | | || 40 | | || not | to | be || the | | || controller, | | || any | | || notice | | || of | | || any | | || trust | | || expressed, | | || implied | | || or | | || constructive | | || entered | 1n | || registers | | || 26 | | || every | | || register | | || kept | | || under | | || this | | || act | | || shall | | || at | | || all | | || convenient | | || times | | || be | | || open | | || to | | || the | | || inspection | | || of | | || the | | || public, | | || subject | | || to | | || the | | || provisions | | || of | | || this | | || act; | | || and | | || certified | | || copies, | | || sealed | | || inspection | of | || and | extracts | || from | registers | || 45 | | || with | | || the | | || seal | | || of | | || the | | || patent | | || office, | | || of | | || any | | || entry | | || in | | || any | | || such | | || register | | || shall | | || be | | || given | | || to | | || any | | || person | | || requiring | | || the | | || same | | || on | | || payment | | || of | | || the | | || prescribed | | || fee | | |provided that where such register is maintained wholly or partly on computer, the inspection of such register under this section shall be made by inspecting the computer print out of the relevant entry in the register so maintained on computer 27 reports of or to the controller other than the report referred to in section 45 made previlege of reports of 5 under this act shall not in any case be published or be open to public inspection controller 28 where an application for a design has been abandoned or refused, the application prohibition and publica- and any drawings, photographs, tracings, representations or specimens left in connection with the application shall not at any time be open to public inspection or be published by the controller | tion | of ||----------------|----------|| specification, | || drawings, | etc, || where | || application | || abandoned, | || etc | || power | 'for || controller | to || correct | clerical || errors | |10 29 the controller may, on request in writing accompanied by the prescribed fee, correct any clerical error in the representation of a design or in the name or address of the proprietor of any design, or in any other matter, which is entered upon the register of designs, 30 (1) where a person becomes entitled by assignments, transmission or other | entry | of ||------------|-----------|| assignment | || and | transmis- |15 operation of law to the copyright in a registered design, he may make an application in the prescribed form to the controller to register his title, and the controller shall, on receipt of such application and on proof of title to his satisfaction, register him as the proprietor sions in registersof such design, and shall cause an entry to be made in the prescribed manner in the register of the assignment, transmission or other instrument affecting the title 20 (2) where any person becomes entitled as mortgagee, licensee or otherwise to any interest in a registered design, he may make an application in the prescribed form to the controller to register his title, and the controller shall, on receipt of such application and on proof of title to his satisfaction, cause notice of the interest to be entered in the prescribed manner in the register of designs, with particulars of the instrument, if any, creating such 25 interest (3) for the purposes of sub-section (/) or sub-section (2), an assignment of a design or of a share in a design, a mortgage, licence or the creation of any other interest in a design shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of an instrument embodying all the terms and conditions 30 governing their rights and obligation and the application for registration of title under such instrument is filed in the prescribed manner with the controller within six months from the execution of the instrument or within such further period not exceeding six months in the aggregate as the controller on the application made in the prescribed manner allows: , provided that the instrument shall, on entry of its particulars in the register under sub- 35 section (1) or sub-section (2), have the effect from the date of its execution (4) the person registered as the proprietor of a design shall, subject to the provisions of this act and to any rights appearing from the register to be vested in any other person, have power absolutely to assign, grant licences as to, or otherwise deal with, the design and to give effectual receipts for any consideration for any such assignment, 40 licence or dealing: ' provided that any equities in respect of the design may be enforced in like manner as in respect of any other movable property (5) except in the case of an application made under section 31, a document or instrument in respect of which no entry has been made in the register in accordance with the provisions of sub-sections (1) and (2) shall not be admitted in evidence in any court in proof of the title to copyright in a design or to any interest therein, unless the court, for reasons to be recorded in writing, otherwise directs ° rectification of register 31 (1) the controller may, on the application in the prescribed manner of any person aggrieved by the non-insertion in or omission from the register of designs of any entry, or by any entry made in such register without sufficient cause, or by any entry wrongly remaining on such register, or by an error or defect in any entry in such register, make such order for making, expunging or varying such entry as he thinks fit and rectify 10 the register accordingly (2) the controller may, in any proceeding under this section, decide any question that may be necessary or expedient to decide in connection with the rectification of a register 15 (3) an appeal shall lie to the high court from any order of the controller under this section and the controller may refer any application under this section to the high court for decision, and the high court shall dispose of any application so referred (4) any order of the court rectifying a register shall direct that notice of the rectification be served on the controller in the prescribed manner who shall upon the receipt of such notice rectify the register accordingly 20 (5) nothing in this section shall be deemed to empower the controller to make any such order cancelling the registration of a design as is provided for in section 19 chapter vii powers and duties of controller25 | powers | of ||-------------|-------|| controller | in || proceedings | || under | act |32 subject to any rules in this behalf, the controller in any proceedings before him under this act shall have the powers of a civil court for the purpose of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents, issuing commissions for the examining of witnesses and awarding costs and such award shall be executable in any court having jurisdiction as if it were a decree of that court 30 33 where any discretionary power is by or under this act given to the controller, exercise of discretionary power by controller he shall not exercise that power adversely to the applicant for registration of a design without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard 34 the controller may, in any case of doubt or difficulty arising in the administra- power of 35 controller to tion of any of the provisions of this act, apply to the central government fpr directions in take directions the matter of the central government 35 (1) the controller may refuse to register a design of which the use would, in his opinion, be contrary to public order or morality refusal to register a design 1n certain cases 40(2) an appeal shall lie to the high court from an order of the controller under this section appeals to the high court 36 (1) where an appeal is declared by this act to lie from the controller to the high court, the appeal shall be made within three months of the date of the order passed by the controller (2) in calculating the said period of three months, the time (if any) occupied in granting a copy of the order appealed against shall be excluded (3) the high court may, if it thinks fit, obtin the assistance of an expert in deciding such appeals, and the decision of the high court shall be final (4) the high court may make rules consistent with this act as to the conduct and procedure of all proceedings under this act before it chapter viii evidence, etcevidence before the 10 controller 37 subject to any rules made under section 44, in any proceeding under this act before the controller, the evidence shall be given by affidavit in the absence of directions by the controller to the contrary; but in any case in which the controller thinks it right so to do he may take evidence viva voce in lieu of or in addition to evidence by affidavit or may allow any party to be cross-examined on the contents of his affidavit certificate of controller to 15 38 a certificate purporting to be under the hand of the controller as to any entry, matter or thing which he is authorized by this act, or any rules made thereunder to make or be evidence do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone | evidence | of ||-------------|---------|| documents | in || patent | office |39 printed or written copies or extracts, purporting to be certified by the controller and sealed with the seal of the patent office, of documents in the patent office, and of or from registers and other books kept there, shall be admitted in evidence in all courts in 20 india, and in all proceedings, without further proof or production of the originals: provided that a court may, if it has reason to doubt the accuracy or authenticity of the copies tendered in evidence, require the production of the originals or such further proof as it considers necessary applications 40 any application, notice or other document authorized or required to be left, made 25 and notices by or given at the patent office or to the controller, or to any other person under this act, may post be sent by post | declaration | by ||----------------|----------|| infant, | lunatic, || etc | |30 41 (j) if any person, is by reason of infancy, funacy or other disability, incapable of making any statement or doing anything required or permitted by or under this act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or, if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of the person subject to the disability (2) an appointment may be made by the court for the purposes of this section upon 35 the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing avoidance of 42 (j) it shall not be lawful to insert— certain (i) in any contract for or in relation to the sale or lease of an article in respect of restrictive conditions40 which a design is registered; or (ii) in a licence to manufacture or use an article in respect of which a design is registered; or (iii) in a licence to package the article in respect of which a design is registered, a condition the effect of which may be— (a) to require the purchase, lessee, or licensee to acquire from the vendor, 45 lessor, or licensor or his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor or his nominees any article other than the article in respect of which a design is registered; or (6) to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the article in respect of which a design is registered which is not supplied by the vendor, lessor or licensor or his nominee, and any such condition shall be void (2) a condition of the nature referred to in clause (a) or clause (b) of sub-section (1) shall not cease to be a condition falling within that sub-section merely by reason of the 10 fact that the agreement containing it has been entered into separately, whether before or after the contract relating to the sale, lease or licence of the article in respect of which a design is registered (3) in proceeding against any person for any act in contravention of section 22, it 15 shall be a defence to prove that at the time of such contravention there was in force a contract relating to the registered design and containing a condition declared unlawful by this section: provided that this sub-section shall not apply if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied 20 (4) nothing in this section shall— (a) affect a condition in a contract by which a person is prohibited from selling goods other than those of a particular person; (b) validate a contract which, but for this section, would be invalid; (c) affect a condition in a contract for the lease of, or licence to use, an article 25 in respect of which a design is registered, by which the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the article, in respect of which a design is registered, as may be required or to put or keep it in repair (5) the provision of this section shall also apply to contracts made before the commencement of this act if, and in so far as, any restrictive conditions declared unlawful by 30 this section continue in force after the expiration of one year from such commencement chapter ix agency43 (1) all applications and communications to the controller under this act may agency 35 39 of 1970 be signed by, and all attendances upon the controller may be made by or through a legal practitioner or by or through an agent whose name and address had been entered in the register of patent agents maintained under section 125 of the patents act, 1970 (2) the controller may, if he sees fit, require— (a) any such agent to be resident in india; 40(b) any person not residing in india to employ an agent residing in india; (c) the personal signature or presence of any applicant or other person chapter x powers, etc, of central government44 (1) any person who has applied for protection for any design in the united kingdom or any of other convention countries or group of countries or countries which are members of inter-governmental organisations, or his legal representative or assignee shall, either alone or jointly with any other person, be entitled to claim that the registration of the said design under this act shall be in priority to other applicants and shall have the same date as the date of the application in the united kingdom or any of such other convention countries or group of countries or countries which are members of inter-governmental organisations, as the case may be: 10 reciprocal arrangement with the united kingdom and other convention countries or group of countries or provided that— intergovernmental organisations (a) the application is made within six months from the application for protection in the united kingdom or any such other convention countries or group of countries or countries which are members of inter-governmental organisations, as the case may be; 15 (b) nothing in this section shal! entitle the proprietor of the design to recover damages for pircy of design happening prior to the actual date on which the design is registered in india 20 (2) the registration of a design shall not be invalidated by reason only of the exhibition or use of or the publication of a description or representation of the design in india during the period specified in this section as that within which the application may be made (3) the application for registration of a design under this section must be made in the same manner as an ordinary application under this act 25 (4) where it is made to appear to the central government that the legislature of the united kingdom or any such other convention country or a country which is member of any group of countries or inter-governmental organisation as may be notified by the central government in this behalf has made satisfactory provision for the protection of designs registered in india, the central government may, by notification in the official 30 gazette, direct that the provisions of this section, with such variations or additions, if any, as may be set out in such notification, shall apply for the protection of designs registered in the united kingdom or that other convention country or such country which is member of any group of countries or inter-governmental organisation, as the case may be explanation 1— for the purposes of this section, the expression "convention coun- 35 tries", "group of countries" or "inter-governmental organisation" means, respectively, such countries, group of countries or inter-governmental organisation to which the paris convention for protection of industrial property, 1883 as revised at stockholm in 1967 and as amended in 1979 or the final act, embodying the results of the uruguay round of multilateral trade negotiations, provided for the establishment of world trade organisation applies 40 explanation 2— where more than one application for protection referred to in subsection (/) has been made for similar protections in the united kingdom or one or more convention countries, group of countries or countries which are members of inter-governmental organisations, the period of six months referred to in cluase (a) of that sub-section 45 shall be reckoned from the date of which the earlier or the earliest application, as the case may be, of such applications has been made controller to 45 the central government shall cause to be placed before both houses of parliament once a year a report respecting the execution of this act by or under the controller be placed before parliament46 notwithstanding anything contained in this act, the controller shall-— protection of securtty of india (a) not disclose any information relating to the registration of a design or any application relating to the registration of a design under this act, which it considers prejudicial to the interest of the security of india; and (5) take any action regarding the cancellation of registration of such designs registered under this act which the central government may, by notification in the official gazette, specify in the interest of the security of india 10 explanation—for the purposes of this section, the expression "security of india" means any action necessary for the security of indian which relates to the application of any design registered under this act to any article used for war or applied directly or indirectly for the purposes of military establishment or for the purposes of war or other emergency in international relations power of 47, (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act central government to make rules 15 (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 application for registration of design, the manner of filing it at the patent office and the fee which shall accompany it, under sub-section (2) of section 5; (b) the time within which the registration is to be effected under sub-section 20 (5) of section 5; (c) the classification of articles for registration under sub-section (/) of section 6; (d) the particulars of design to be published and the manner of their publication under section 7; 25 (e) the manner of making claim under sub-section (j) of section 8; (f) the manner of making applications to the controller under sub-section (5) of section 8; (g) the additional matters required to be entered in the register of designs and the safeguards to be made in maintaining such register in computer floppies or 30 diskettes under sub-section (/) of section 10; (h) the manner of making application and fee to be paid for extension of the period of copyright under and the fee payable thereto, sub-section (2) of section 11; (i) the manner of making application for restoration of design and the fee to be paid with it under sub-section (1) of section 12; 35 (j) the manner of verification of statement contained in an application under sub-section (2) of section 12; (k) the additional fee to be paid for restoration of the registration of design under sub-section (/) of section 13; (1) the provisions subject to which the right of the registered proprietor shall 40 be under sub-section (1) of section 14 (m) the number of exact representation or specimen of the design to be furnished to the controller under clause (a) of sub-section (/) of section 15; (n) the mark, words or figures with which the atticle is to be marked denoting 45that the design is registered under clause (b) of sub-section (1) of section 15; (o) the rules to dispense with or modify as regards any class or description of articles any of the requirements of section 15 as to marking under sub-section (2) of that section; (p) the fee to be paid for and the manner of inspection under sub-section (1) of section 17; (q) the fee to be paid to obtain a certified copy of any design under sub-section (2) of section 17; (r) the fee on payment of which the controller shall inform under section 18; (s) the form for giving notice to the controller under clause (a) of the proviso 10 to section 21; (t) the fee to be paid in respect of the registration of designs and application therefor, and in respect of other matters relating to designs under sub-section (1) of section 24; 15 (u) the fee to be paid for giving certified copy of any entry in the register under section 26; (v) the fee to be accompanied with the requests in writing for correcting any clerical error under section 29; 20 (w) the form in which an application for registration as proprietor shall made and the manner in which the controller shall cause an entry to be made in the register of the assignment, transmission or other instrument effecting the title under sub-section (/) of section 30; (x) the form in which an application for title shall be made and the manner in which the controller shall cause notice of the interest to be entered in the register of designs with pariticulars of the instrument, if any, creating such interest under subsection (2) of section 30; 25 (y) the manner of filing an application for registration and for making application for extension of time as referred to in sub-section (3) of section 30; (z) the manner of making application to the controller for rectification of register under sub-section (/) of section 31; 30 (za) the manner in which the notice of rectification shall be served on the controller under sub-section (4) of section 3]; (zb) the rules regulating the proceedings before the controller under section 32; (zc) the time which shall be granted to the applicants for being heard by the controller under section 33; 35 (zd) the fee to be accompanied with an appeal under sub-section (j) of section 36; (ze) any other matter which is required to be, or may be, prescribed (3) the power to make rules under this section shall be subject to the condition of the rules being made after previous publication 40 (4) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more 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 houses45 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 act chapter xi repeal and saving48 (1) the designs act, 1911 is hereby repealed | 2 | of ||---------|-------|| repeal | and || savings | |(2) without prejudice to the provisions contained in the general clauses act, 1987 10 of 1897 with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, determination, direction, approval, authorisation, consent, application, 10 request or thing made, issued, given or done under the designs act, 1911, shall, in force at 2 of 1911the commencement of this act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this act (3) the provisions of this act shall apply to all applications for registration of designs pending at the commencement of this act and to any proceedings consequent thereon and to any registration granted in pursuance thereof (4) notwithstanding anything contained in this act, any proceeding pending in any court at the commencement of this act may be continued in that court as if this act has not been passed 20 (5) notwithstanding anything contained in sub-section (2), the date of expiration of the copyright in the designs registered before the commencement of this act shall, sub- 25 ject to the provisions of this act, be the date immediately after the period of five years for which it was registered or the date immediately after the period of five years for which the extension of the period of copyright for a second period from the expiration of the original period has been made statement of objects and reasonssince the enactment of the designs act, 1911 considerable progress has been made in the field of science and technology the legal system for the protection of industrial designs requires to be made more efficient in order to ensure effective protection to registered disigns it is also required to promote design activity in order to promote the design element in an article of production the proposed designs bill is essentially aimed to balace these interests it is also intended to ensure that the law does not unnecessarily extend protection beyond what is necessary to create the required incentive for design activity while removing impediments to the free use of available designs to achieve these purposes, the bill incorporates inter alia, the following, namely: (a) it enlarges the scope of definition of "article" and "design" and introudces definition of "original"; (b) it amplifies the scope of 'prior publication'; (c) it incorporates the provisions for delegation of powers of the controller - to other officers and duties of examiners; (d) it contains provision for identification of non-registrable designs; (e) it contains provision for substitution of application before registration of a design; (f) it introduces internationally follwed system of classification in the place of indian classification (g) it contains provision for maintaining the register of design on computer; (h) it contains provision for restoration of lapsed designs; (i) it contains provision for appeal against order of the controller before the high court instead of central government as existing; (j) it revokes the period of secrecy of two years of a registered design; (k) it provides for compulsory registration of any document for transfer of right in the registered design; (1) it introduces additional grounds in cancellation proceedings and makes provision for initiating the cancellation proceedings before the controller in place of high court; (m) it enhances the quantum of penalty imposed for infringement of registered design (n) it contains provisions for grounds of cancellation to be taken as defence in the infringement proceedings to be initiated in any court not below the court of the district judge; (0) it enhances initial period of registration from 5 to 10 years, to be followed by a further extension of a period of five years; (p) it contains provisions for allowing of priority to other convention countries and countries belonging to the group of countries or inter-governmental organizations apart from united kingdom and other commonwealth coutnries; (q) it contains provisions for avoidance of certain restrictive conditions for the control of anti-competitive practices in contractual licences; (r) it contains specific provisions to protect the security of india 2 in view of the extensive amendments necessitated in the designs act, 1911, it has been thought fit to repeal and re-enact the said act incorporating the necessary changes 3 the bill seeks to achieve the above object the notes on clauses explain the various provisions of the bill, new delh raman singh the 4th december, 1999 not es on clausesclause 1 this clause corresponds to section 1 of the designs act, 1911 (hereafter referred to as the existing act) and deals with the short title of the bill, the area of its operation and the date of commencement as adequate steps are required to be taken for administering the proposed legislation, provision has been made to bring different provisions of the act on different dates clause 2—-this clause contains definitions of various expressions used in the bill while most of the definitions in the existing act have been retained, the definition of "original" has been incorporated vide clause (0) according to this definition, "original", in relation to a design, means originating from the auther of such design and includes the cases which though old in themselves yet are new in their application the definition of "original" has been incorporatied in order to specify the registerable designs the definitions of "article" and "design" have been amplified to align them with similar definitions internationally accepted for providing wider protection to the intellectual property the definition of "article" has been amplified for inclusion of parts of articles sold separately within its scope the definition of "design" has been amplified to incorporate therein the composition of lines and colours so as to avoid overlapping with the copyright act, 1957 regarding definition of "design" in respect of artistic work clause 3—this clause enables the controller general of patents, designs and trade marks appointed under the trade marks the legislation to function as the controller of designs under the proposed legislation it also enables the central government to appoint as many examiners and other officers with such designations as it may think fit this clause also empowers the controller to issue orders authorising his subordinates to discharge functions under his superintendence and directions it is proposed to utilise the services of the existing administrative machinery in the patent office for the present clause 4— this clause is a new one and it relates to prohibition of registration of certain designs this clause prohibits designs which lacks novelty or originality it also prohibits registration of designs which had been disclosed to the public anywhere in india or in any other country by publication in a tangible form or in any other way prior to the filing date or which is not significantly distinguishable from non designs or combination of non-designs or comprises or contains scandalous or obscene matter clause 5— this clause corresponds to section 43 of the existing act and deals with application of registration of designs the existing clause has been modified in order to register any design which is new or original or not previously published in india or in any other country and which is not contrary to public order and morality this clause also seeks - to provide for the application for registration of every design to be referred to an examiner appointed under clause 3 of the proposed legislation for ascertaining the registrability of the design in view of introduction of classification of articles based on international system of classification, the designs need not be registered in more than one class unlike under the existing act this clause also seeks to provide that the appeals may be preferred to the high court instead of the central government as specified under the existing act clause 6 - this clause is a new one and it deals with the registration of particular articles this clause seeks to allow the proprietor of any design, who has already registered the design in any particular class or article, to register the design in respect of some one or more classes of articles comprised in that class of articles since the classification of that design is based on the article to which the design has been applied and it follows the international system of classification ie lucerne classification clause 7—this clause is a new one and it relates to publication of registered designs which shall allow publication of the design as soon as the design is registered and thereafter it becomes open for public inspection the clause has been introduced keeping in view of that any person can come to know of the particulars of the design through its publication clause 8—this clause is a new one and it deals with the powers of the controller to make orders regarding substitution of applications, etc this clause allows applications for registration of a design to proceed, subject to the restrictions contained in therein, in the name of the claimant or in the name of the claimants application to any new name by operation of law sub-clause (4) deals with joint applicants when any of such applicants dies sub-clause (5) deals with disputes between joint applicants for registration of a design before the controller clause 9—this clause corresponds to section 45 of the existing and provides for grant of certificate to the proprietor of the design, when registered in case of loss of original certificate or in any other case, the controller is competent to furnish one or more copies of the certificate of registration clause 10—this clause corresponds to section 46 of the existing act and it provides for keeping, at the patent office, of a book called the register of designs containing the applicant's name, address of the proprietor, notifications of assignments and of transmissions and such other matters as may be specified in the rules this clause also enables maintenance of the register of designs either wholly or partly in computer floppies or diskettes subject to the safe guards as may be specified in the rules the existign section has been modified in the manner stated above so as to enable the controller to maintain the register in computer readable form for better retrieval clause 11—this clause corresponds to section 47 of the existing act and it deals with copyright on registration of designs with the exception that the initial period of five years has been extended to ten years however, in the present clause, the total period of fifteen years of copyright has been kept unchanged, as under the agreement on trade related intellectual property rights (trips) the protection for the period of at least ten years has been stipulated clause 12—this clause is a new one and it deals with the registration of lapsed designs it enables the controller to restore registration of lapsed designs, if such registration had ceased to have effect by reason of failure to pay the fee for extension of copyright, on receipt of necessary application, statement verified in the prescribed manner and the fee as may be specified in the rules this clause has been introduced with a view to help the registered proprietors for genuine lapses in not filing the request for extension of copyright within the prescribed period similar provision is also available in the patents act, 1970 clause 13—this clause is a new one and deals with the procedure for disposal of applications for restoration of lapsed designs this clause is consequential to clause 12 and it empowers the controller to restore the registration of designs upon payment of fees and additional fees as may be specified by rules clause 14,—-this clause is a new one and it provides for the rights of proprietors of lapsed designs which have been restored this clause is consequential to clause 12 clause 15—this clause corresponds to section 48 of the existing act and it deals with the requirements before delivery of articles on sale the existing provision has been modified to include giving of prior notice when the controller may erase any name from the register to comply with the various requirements before delivery on sale clause 16 —this clause corresponds to section 49 of the existing act and deals with the effect of disclosure of a design by the proprietor to any other person clause 17—this clause corresponds to section 50 of thé existing act and it deals with inspection of registered designs under the existing provision, a design shall not be open to inspection except by the priorietor or a person authorised in wiring by him or a person authorised by a controller or court during the existence of copyright in a design or such shorter period not beign less than two years from the registration of the design as may be prescribed the present clause removes the said period of secrecy and it enables the publi® to inspect any registered design and to obtain their certified copies on payment of the fees as may be prescribed in the rules the proposed provision removes considerable hardship of interested persons in ascertaining the designs during initial period of existence of the registration clause 18—-this clause corresponds to section 51 of the existing act and it deals with information as to existence of copyright this clause enables the controller on the request of any person on furnishing of such information as may enable the controller to identify the design, and on payment of the fees as may be prescribed in the rules to furnish the person information about the existence of the registration of the design, the classes of articles in respect of which the registration subsists, the date of registration and the name and address of the registered proprietor clause 19—this clause corresponds to section 51a of the existing act and it deals with cancellation of registration of designs in addition to the grounds of cancellation provided in the existing provisions, the following grounds have been added, namely:— (i) that the design is not registrable under the proposed legislation; (ii) that it is not a design as defined in clause (b) of clause 2 of the proposed legislation, the provision contained in sub-clause (b) of sub-section (1) of section 51a of the existing act is proposed to be amplified in order to consider the prior publication on global basis instead of regional basis ie in india the said additional grounds will help interested person to get cancelled the registered design in better comprehensive maner all grounds of cancellation can be taken up before the controller irrespective of any particular time limit in place of restricted ground and specific time limit under the existing act such amplification will avoid expenses and time involved in high court as mandatory under the existing act clause 20—this clause corresponds with section 51b of the existing act and it states that a registered design shall have to all intents the like effect as against the government as it has against any person and the provisions of chapter xvii, relating to use of inventions for purposes of government and acquisition of inventions by central government, of the paternts act, 1970 shall apply to registered designs as they apply to patents clause 21—this clause corresponds to section 52 of the existing act and it deals with industrial and international exhibitions of designs this clause provides that the exhibition of a design or of any article to which a design is applied at an industrial or other exhibition to which the provisions of this clause have been extended by the central government by notification in the official gazette shall not prevent the design from being registered or invalidate any registration thereof subject to the fulfilment of the conditions stipulated therein clause 22—this clause corresponds to section 53 of the existing act relating to piracy of registered designs this clause modifies the said section 53 so as to incorporate therein enhancement of quantum of penalty for any infringement of the registered design no suit for infringement under this clause can be initiated in any court below the court of district judge in the infringement proceeding, grounds under cancellation proceeding shall be available as a ground for defence under the existing section 53, if any person acts in contravention of that section he shall be liable for every such contravention to pay to the registered proprietor of the design a sum not exceeding five hundred rupees recoverable as a contract debt or if the proprietor elects to bring a suit for the recovery of the damages for any such contravention, and for any injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction and the total sum recoverable shall not exceed one thousand rupees it is proposed to enhance the aforesaid maximum damage of five hundred rupees to twenty five thousand rupees and total sum recoverable from one thousand rupees to fifty thousand rupees provision has also been made for making entry in the register of designs by the controller in case a court makes a decree in a suit under sub-clause (2) of this clause clause 23—this clause corresponds to section 54 of the existing act and it deals with application of certain provisions of the proposed legislation as to patents to designs this clause states that the provisions of the patent act, 1970 with regard to certificates of the validity of a patent, and to the remedy in case of groundless threats of legal proceedings by a patentee shall apply in the case of registered designs in like manner as they apply in the case of patents, with the substitution of references to the copyright in a design for reference to a patent, and of references to the proprietor of a design for references to the patentee, and of references to the design for references to the invention clause 24—-this clause corresponds to section 57 of the existing act and it deals with fees this clause enables the central government to prescribe fee payable in respect of registration of designs and applications therefor, and in respect of other matters relating to designs sub-clause (2) of this clause states that the proceeding in respect of which a fee in payable under the proposed legislation are the rules made there under shall be no effect unless such fee has been paid clause 25--this clause corresponds to section 58 of the existing act and it prohibits the notice of trust to be entered in the register this clause provides that no notice of any trust expressed, implied or constructive shall be entered in the register kept under the proposed legislation or are receivable by the controller clause 26—this clause corresponds to section 59 of the existing act this clause provides that every register kept under the proposed legislation shall at all convenient times be opened to inspection of the public and they could obtain certified copies of any entry in the register on making necessary request accompanied by the fees as may be prescribed by rules the provision has been amplified to incorporate the inspection of registrar maintained on computer by inspecting the computer print outs clause 27—- this clause corresponds to section 60 of the existing act and it deals with the privilege of reports of controller clause 45 provides for laying of report of the controller before parliament all reports of the controller other than the report mentioned in clause 45 and all reports to the controller made under the proposed legislation shall not be published or shall be opened to public inspection clause 28—this clause corresponds to section 61 of the existing act and it prohibits of publication of specification, drawing, etc where application has been abandoned, etc this clause states that where an application for a design has been abandoned or refused, the application and any drawings, photographs, tracings, representations or specimens -left in connection with the application will not be opened to public inspection or be published by controller at any time clause 29—this clause corresponds to section 62 of the existing act and it provides that the controller may, on request in writing accompanied by requesits fee, correct any clerical error in the representation of a design or in the name and address of any design, address of the proprietor of any design or in any other matter which is entered upon the register of designs clause 30 —this clause corresponds to section 63 of the existing act, relating to entry of assignments and transmission in registers this clause modifies section 63 of the existing act by addition of a new sub-clause namely sub-clause (3) making compulsory registration of documents conveying such assignment or share in design, mortage, license or any other interest in the design with the controller within six months from the execution of the instrument or within such further period not exceeding six months in the aggregate as the controller may, on an application made to him in the prescribed manner allow unless such registration has been made, the assignment or transmission shall not be valid this clause enables the public to ascertain the details of transfer of rights from the register of designs clause 31—this clause corresponds to section 64 of the existing act relating to rectification of register this clause lays down the procedure for rectification of any entry in the register of designs sub-clause (3) provides that an appeal against the order of the controller under this clause shall be to the high court provisions has also been made to the effect that any order of the court rectifying the register shall direct that notice of the rectification should be served on the controller as per the rules and on receipt of such notice, the controller is required to rectify the register accordingly clause 32—this clause corresponds to section 65 of the existing act relating to power of controller in proceedings under the proposed legislation it provides that, subject to any rules as may be made by the central government the controller shall have, in any proceedings before him under the proposed legislation, the power of the civil court for the purpose of receiving evidence, administering oath, enforcing the attendance of witnesses, compelling the discovery and production documents, issuing commissions for the examining of the witnesses and awarding courts the award of courts by the controller shall be executable as if it were a decree of a court clause 33—this clause corresponds to section 67 of the existing act this clause provides that the controller has to give an opportunity of being heard to the person or persons before exercising his discretionary powers adverse to such person or persons clause 34—this clause corresponds to section 68 of the existing act and it deals with power of controller to take directions of the central government it provides that the controller may take directions of the central government in case of any doubt or difficulty arising in administration of the proposed legislation clause 35—this clause corresponds to section 69 of the existing act with the modification that appeal under this section shall lie to the high court instead of to the central government this clause seeks to empower the controller to refuse to register the design, which , in his opinion, is contrary to public order or morality sub-clause (2) of this clause provides that an appeal under this clause shall lie to high court clause 36—this clause corresponds to section 70 of the existing act with the modification of the insertion of the words high court for the words central government in this clause, appeal shall lie to the high court and such appeal shall be made within three months from the date of the order passed by the controller such appeal shall be in writing and shall be accompanied by the prescribed fee clause 37—this clause corresponds to section 70a of the existing act relating to evidence lefore the controller with the addition that the high court may make rules consistent with the provisions of the proposed legislation in respect of procedure relating to all proceedings before it under the legislation this clause specifically provides that, subject to any rules as may be made by the central government under clause 47, the evidence in any proceedings before the controller shall be given by affidavit and the controller may take evidence by viva voce in lieu of or in addition to evidence by affidavit he may also allow any party to be cross-examined on the contents of an affidavit clause 38—this clause corresponds to section 71 of the existing act relating to certificate of controller as to any entry, etc to be evidence this clause provides that any certificate issued by the controller in relation to any entry, matter or thing which he is authorised by the proposed legislation or any rules made thereunder to make or do shall be prima facie evidence of such entry, matter or thingclause 39—this clause corresponds to section 71a of the existing act relating to evidence of documents in patent office this clause provides that any matter certified by the controller and sealed with the seal of patent office can be admitted as evidence in all courts however, a court may, if it has reason to doubt the accuracy or authenticity of copies tendered in evidence, require the production of the originals or such further proof as it considers necessary ' clause 40—this ctause corresponds to section 73 of the existing act relating to applications and notices by post it provides that any application, notice or other document authorised or required to be left, made or given at the patent office or to the controller or to any other person under the proposed legislation may be sent by post clause 4\—this clause contains the same provision as contained in section 74 of the existing act and it deals with declaration by infant, lunatic, etc it allows for making statement or doing anything permitted under the proposed legislation on behalf of a person incapacitated to make or do so due to the infancy, lunacy or other disabilities by lawful guardian, committee or manager (if any) of such applicant or any person appointed by the court of competent jurisdiction clause 42—this clause deals with avoidance of certain restrictive conditions in contracts, leases and certain licenses, to be imposed inview of article 40 of the trips which provide the control of anticompetitive practice in contracted licences it prohibits insertion of a condition, requiring purchase or giving on lease or licens2 to acquire from a vendor, lessor, licensor or his nominees or prohibiting any of them from acquiring or restricting them in any manner or to any extend the right to acquire from any person or to prohibit them from acquiring except from the vendor, lessor, licensor or his nominee any article other than the article in respect of which a design is registered, in any contract for or in relation to the sale or lease of an article in respect of which a design is registered or in a license to manufacture or use any article in respect of a design is registered or in a license for packaging an article in respect of a design is register sub- clause (5) of this clause provides that the provisions of the proposed clause shall also apply to contracts made before the commencement of the proposed legislation if and in so far as any restrictive conditions declared as unlawful by this clause continue in force after the expiration of one year from such commencement clause 43—this clause corresponds to section 76 of the existing act relating to agency the existing provision has been modified to define the agent who can act before the controller for any proceeding whose name and address has been entered in the register of patent agents maintained under section 125 of the patents act, 1970 clause 44—this clause corresponds to section 78a of the existing act relating to reciprocal arrangements with the united kingdom and other commonwealth countires the provision is proposed to be extended to countries which are members of any group of countries or inter-governmental organisations the existing act provides priority to the united kingdom and other commonwealth countires, but in view of india's accession to the paris convention and india being a signatory to the world trade organisation (wto), the same has been modified by this clause so that the right of priority can be extended to the convention countries and inter-governmental organisations in view of above an explanation has been provided to this clause explaining that "convention countries", "group of countires" or "inter-governmental organisation" means respectively, such countries, group of countires or inter-governmental organisations to which the paris convention to protection of industrial property, 1883 so revised at stockholm in 1967 and as amended in 1979 or the final act, embodying the results of the uruguay round of multilateral trade negotiations, provided for the establishment of world trade organisations applies another explanation has been provided for reckoning the date of priority from the date on which the earlier or the earliest application of the reciprocity applications has been madeclause 45,—this clause is the new one requiring the central government to place a report respecting the execution of the proposed legislation by or under the controller every year before parliament this provision will ensure greater transparency of the system of administration of designs clause 46—this clause is a new one and corresponds to similar provision relating to protection of security of india available under the patents act, 1970 it is proposed to be incorporated for protection of security of india in relation to certain types of designs which may be prejudicial to the interest of the security of india this provision enables the central government to direct the controller to take suchaction including non-disclosure of information and cancellation of registration of designs if the central government by notification in the official gazette so specify such action would be in the interest of the security of india the explanation to this clause defines the expression "security of india" clause 47—this clause empowers the central government to make, by notification in the official gazette, rules for carrying out the provisions of the proposed legislation sub-clause (2) enumerates the various matters in respect of which such rules may be made these matter, inter alia, include the form of application for registration of designs, the manner of filing of such applications in the patents office and the fee which shall accompany such applications, the classification of articles for registration, the manner of publication of particulars of designs, and the manner of giving notice of rectification to the controller sub-clause (3) provides that the power to make rules under this clause shall be subject to the condition of the rules being made after previous publication sub-clause (4) provides that every rule made by the central government under this clause shall be laid before parliament clause 48—this clause deals with repeal and savings sub-clause (1) of this clause seeks to repeal the designs act, 1911 sub-clause (2) seeks to save notifications, rules, orders, certificates, applications etc issued, given or done under the act sought to be repealed sub-clause (3) provides that the proposed legistation shall be applicable to the pending applications sub-clause (4) saves continuance of pending proceedings in courts as if the new legislation has not been passed sub-clause (5) clarifies the date of expiration of copyright in the designs registered before the commencement of the proposed legislation financial memorandumthe designs bill, 1999 proposes to repeal and re-enact the designs act, 1911 clause 3 of the bill provides that the controller-general of patents, designs and trade marks (cgpdtm) appointed under sub-section (1) of section 4 of the trade and merchandise marks act, 1958 shall be the controller of designs for the purposes of the proposed legislation sub-clause (2) of the said clause makes provision for the central government to appoint as many examiners and other officers and with such desgnations, as it thinks fit the provisions contained in clause 3 of the bill envisage only the method of appointment of the controller-general and examiners who are already discharging their functions under the designs act, 1911 the other infrastructure and the staff required for the administration and enforcement of the proposed legislation shall be the existing infrastructure and the staff under the designs act, 1911 which is being dealt with by the patent office hence | no financial liabilities are envisaged for the enforcement of the proposed legislation in the present bill memorandum regarding delegated legislationclause 47 of the bill empowers the central government to make, by notification in the official gazette, rules to carry out the provisions of the proposed legislation subclause (2) of that clause enumerates the matters with respect to which rules may be made under this clause these matters, inter alia, relate to the manner of making applications and the fee payable for such applications; the manner of advertisement of a registered design, the manner of making entry in the register of assignment, transmission or other instrument effecting the title and other matters of a procedural nature sub-clause (3) of that clause provides that the power to make rules is subject to the condition of their previous-publication the rules are required to be laid before parliament 2 the aforesaid matters relate to 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

Parliament_bills

7fa4b317-eafd-5e13-9587-aaa2060b5d2b

the finan(;e bill, 1981(as introduced in lok sabha) chapter i1 short tiue and commencement chapter d rates of incomrtal2 income-tax chapter iii dlucttaxu inco",,tax3 wertton of new sectton loa 4 amendment of section 16 5 amendment of section 32a 6 amendment of section 33a 7 amendment of section 36 8 amendment of section 42 9 amendment of seouon 80d 10 amendment of section 80rha 11 amendment of section 80m 12 amendment of section 8oqq 13 amendment of section 86 14 amendment of section 160 15 insertion of new sectim 164a 16 insertim of new sectim 167 a 17 amendment of section 208 18 amendment of section 252 19 amendment of section 253 20 amendment of section 256 21 amendment of section 269g 22 insertion of new section 293a 23 amendment of ninth schedule 24 amendment of eleventh schedule 25 consequential amendment | 26 amendment of | section | 21 ||---------------------|------------|---------|| 27 | | || insertion | | || of | | || new | section | 21 || m | | || 28 amendment | of | section || 29 amendment of | | || section | 26 | || 30 - amendment | | || of | section | 27 || 31 amendment | | || of | section | 41 |32 amendment of section 23 33 amendment of section 25 34 - amendment of section 26 35 amendment of section 2 36 insertion of new sections 7a to 7d 37 insertion of new section 9a 38 amendment of section 10 39 amendment of section 11 40 amendment of section 12 41 - amendment of section 18 42 insertion of new section 24aa 43 amendment of first schedule 44 amendment of act 45 of 1974 45 amendment of act 54 of 1980 chapter iv indirect taxes46 amendment of act 51 of 1975 47 auxilirry duties of customs 48 amendment of act 1 of 1944 49 special duties of excise 50 amendment of act 58 of 1957 51 amendment of act 40 of 1978 52 amendment of act 16 of 1955 chapter v misceli,aheous53 amendment of act 38 of 1974 the first schedule the second schedulethe third schedule the fourth schedule bill no 25 of 1981 the finance bill, 1981 billto give e"ect to the fincmcial proposals of the central govermtlent for the finllllciaj year 1981-82 8j: it enacted by parliament in the th1rty-second year of the republic of india as follows:- chapter i pilellmlnaily1 (1) this act may be called the finance act, 1981 ~ut1 coliideacemet (2) save as otherwise prov1ded in this act, sectims 2 to 45 and section 53 shall be deemed to bave come into force on tbe 1st day of april, 1981 chapter n10 rates of ii'fcomrtaxlacome-ta z (1) subject to the provisions of sub-sections (2) and (3), for the asbessment year commencing on the 1st day of april, 1981, income-tax shall be charged at the rates specified in part i of the first schedule and shall be increased,-15 (a) in the cases to which paragraphs a, b c and d of that part apply, by a surcharge for purpobes of the un10n; 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 (2) in the oases to which sub-paragraph i or sub-paragraph ii of paragraph a of part i of the first schedule applies, where the assessee hu, in the previous year, any net agricultural income exceeding six hundred rupees, in addiuod to total income and the total income exceeds twelve thousand rupees, then, -6 (0) the net agrtcultural income sball be taken iilto acooudt in the manner provided in clmm (b) (that 18 to sq as if the net agrjculturalldcome were oomprised in the total iiloome after the first eicbt thouaaod :rupees of the total income but without beldg liable to ta), only for the 10 plrp088 of charging income-tax in respect of the total inoome; and (b) the income-tax chargeable shall be calculated u follows:-(i) the total income and the net agrtculturalllloome 16 shall be agrepted add the amount of income-tax aha11 be determined in respect of the aarepte idcome at the rates specified in sub-paracraph lor, u the cue mq be, aab-pangrapb b of the said pangrapb a, u if such aggregate idoome were the totalldcome: 20 provided that for the plrpoaes of determjdjac the amount of idcome-tax in acoordance with th aab-clmae, the provisions of clause (ii) of the provtao below alb-paragraph lor, as the case may be, sub-paragraph ii of the said paragraph a add the provisions relattag to 25 surcharge on income-tax in the said sub-paragraphs &ball dot apply; (ii) the net agr1cultural idcome shall be iilcreued by a sum of eight thousand :rupees add the amount of income-tax &ball be determined in l'hp8ot of the diit 30 agr1cultural income as 80 idcreuecl at the rates specjf1eci in sub-paragraph lor, as the cue may be, sub-paragraph ii of the said paragraph a, as if the net agricultural idcome as 80 increased were the total tnoome: provided that for the purposes of determining the 35 amount of income-tax in accordance with this bub-clauae, the provisions of clause (i) and clause (ii) of the provtao below sub-paragraph lor, as the oue may be, sub-paragraph ii of the saidpangrapb a add the provlalou relatjdg to surcharge on income-tax in the said sub-40 paragnphb shall not apply; (iii) the amount of idcome-tu detlermlded iii accordaaoe with 8ub-clauae (i) aball be reduced by the iudouilt of idcome-tax determined in acoordadce with 8ub-clawle (it): 5 protided that where the iiwd 80 arrived at exceeds sixty per oem of the amount by whjch the total income exceeds twelve thousand rupees, the excess shall be disregarded; (ill) the amount of income-tax determlded in 10 accordance with sub-clauae (iii) shall be increased by a surcharge for p,trpoaes of the uluon calculated at the rate of ten per cent of such income-tax and the sum 80 arrived at shall be the idcome-tax in respect of the iotal income 15 (3) in cases to which the provisioos of chapter xu or section 164 or section 164a or section 167 a of the incometax act, 1961 (hereinafter referred to as the income-tax act) apply the tax chargeable shall be determined as provtded in that chapter 01' that section, and with reference to 20 the rates imposed by sub-section (1) or the rates as specified in that chapter or section, as the case may be ( 4) iii cases in which tax has to be deducted udder sectloll8 193, 194, 1ha, 194b, 194bb, 194d &lid 195 of the mcome-tax act at the rates in force, the deduction shall be made at the rates specified in part d of the first schec:ule 25 30 35 (5) subject to the provlsioll8 of sub-section (6) in cases in which income-tax has to be calculated udder the first provlao to sub-section (5) of section 132 of the income-tax act or charged uader sub-section (4) of section 172 or sub-section (1) of section 174 or section 175 or sub-section (2) of section 176 of the said act or deducted under section 192 of the sald act from income chargeable under the head ''salaries'' or deducted under sub-section (9) of section 80e of the said act from any payment referred to in the said sub-section (9) or in which the "advance tax" payable under chapter xvd-c of the said act has to be comp,lted, at the rate or rates in force, such incometax or, as the case may be, "advance tax" shall be 80 calculated, charged, deducted or computed at the rate or rates specified in part m of the firat scbecble: 40 provided that in cases to which the provisions of chapter xu or section 164 or section 164a or section 167 a of the income-tax act apply, "advance tax" shall be computed with reference to the rates imposed by this sub-section or the rates as specified in that chapter or section as the case may be (6) in the cases to which aab- paragraph i or aab-paragraph d of paragraph a of part ui of the first schedule applies, where the assessee has, in the previous year or, if by virtue of any provision of the income-tax act, inoome-tax is to be charged id respect of the idcome of a period other thad the previous 5 year, in such other period, any net agricultural 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 | | | | | || appl1es, | | | | | || f1fteen thousand | | | | | || rupees, | and | | | | || 10 | | | | | |(if) in a case to which the said &1b-paragraph n applies, twelve thousand rupees; then, in calculating income-tax under the first proviso to sub-section (5) of secttcm 132 of the income-tax act or in charging income-tax under sub-section (2) of section 174 or 15 secticm 175 or sub- section (2) of sectioo 176 of the said act or in computing the ''advance tax" payable under chapter xvu-c of the said act, at the rate or rates in force -(a) the net agricultural income shall be taken into account, in the manner provided in clause (b) (that is to 20 say, as if the net agricultural income were comprised in the total income after-(i) in a case to which the sajd sub-paragraph 1 applies the first fifteen thousand rupees, and (if) in a case to which the said sub-paragraph n 25 applies, the first eight thousand rupees, of the total in~ome but without being liable to tax), only for the purpose of calculating, charging or computing such income-tax or, 8s the case may be "advance tax" in respect of the total income; and 30 (b) such income-tax or as the case may be "advance tax" shall be so calculated charged or computed as follows:-(i) the total income and the net agricultural income shall be aggregated and the amount of income-tax or 35 "advance 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 d of the said paragraph a, as if such aggregate income were the total income: 40 provided that in a case referred to in the said sub-paragraph n, for the purposes of determining the amount of income-tax or ''advance tax" in accordance with this sub-clause, the provisions of clause (ii) of the proviso 5 below the said sub-paragraph n and the provisions relating to surcharge on income-tax in the said sub-paragraph n shall not apply; (ii) the net agricultural income shall be increased,-(a) in a case to which the said sub-paragraph i applles, by a sum of fifteen thousand rupeer and to (8) in a case to which the said sub-paragraph d applies, by a sum of eight thousand rupees, and the amount of income-tax or "advance tax" shall be determined in respect of the net agricultural income as j 5 so increased at the rates specified in the said sub-paragraph lor, as the case may be, the said sub-paragraph n, as if the net agrlcultural income as so increased were the total income: provided that in a case referred to in the said sub-20 paragraph n for the purposes of determining the amount of income-tax or "advance tax" in accordance with this sub-clause the provisions of clause (ii) of the proviso below the said sub-paragraph n and the provisions relating to surcharge on income-tax in the said sub-25 paragraph n shall not apply; (iii) the amount of income-tax or "advance tax" determined in accordance with sub-clause (i) shall be reduced by the amount of income-tax or as the case may be "advance tax" determined in accordance with 30 sub-clause (ii): provlded that in a case referred to in the said sub-paragraph n where the sum so arrived at exceeds sixty per cent of the amount by which the total income exceeds twelve thousand rupees the excess shall be 35 di~regarded; (iv) the amount of income-tax or "advance tax" determined in accordance with sub-clause (ui) shall be increased by a surcharge for purposes of the union ~alculated at the rate of ten per cent of such income-tax 40 or, as the case may be, "advance tax" and the sum so arrived at shan be the income-tax or, as the case may be "advanoe tax" in respect of the tota1income (7) for the purposes of this section and the first schedule,-(ia) "company tn which the publ1c are substantially interested" means a company which is such 8 company 8s is referred to in section 108 of the income-tax act; ib) "domestic company" means an indlall company or 5 any other comprny which in respect of its income hable to income-tax under the income-tax act for the assessment year commencing on the 1st day of april, 1981 has made the prescribed arrangements for the declaration and payment within india of the dividends (including dividends on 10 preference shares) payable out of such income in nocordance wtth the provisions of section 194 of that act; (e) "industrial company" means a company which is mainly engaged in the business of generation or distribution of electricity or ally other form of power or in the 15 construction of ships or in the manufacture or processing of goods or in mining fzplgnation -for the purposes of this clause, a company shall be deemed to be mainly engaged in the business of generation or distribution of electricity 20 or any other form of power or in the construction of ships or in the manufacture or processing of goods or in mmlng if the income attributable to anyone or more of the aforesaid activities included in ita total income of the previous year (as computed before making any 25 deduction under chapter via of the inoome-tax act) is not less than fifty-one per cent of auoh total income; (d) ''insurance commission" means any remuneration or reward, whether by way of commision or otherwise, for 1011cit1dg or procuring inurance buainess (inoludlng 30 buainess relating to the continuance, renewal or revival of policies of insuranceh (e) ''net agricultural income", in relation, to a perlon, means the total amount of agricultural income from whatever iource derived, of that perlon computed 35 in accordance with the rules conta1ded in part iv of the firat schedule; (f) "tax-free curtty" mean any beourity of the cctral governld8llt issued or declared to be income-tu free, or any seourtty of a state government i •• ued 40 income-tax free, the income-tax whereon 18 payable by the state government; (a) all other words idd apresloils uaed in this mouon or in the firat schedule bat dot def1aed in thi aub-iiect10a aw:i defined id thelnoome-tax act shall bave tile 46 meanm, repeouyely ••• iped to them in that act chapter m direct taxes income-tdxl after section 10 of the income-tax act, the following 5 sectlon shall be inserted, namely:-| inhrtion ||-------------|| new section || loa |'loa (1) sub,ect to the provisions of this sectlon any profits and gains derived by an assessee from an industrial undertaking to which this section applies shall not be included in the total inoome of the 88sessee 10 (2) this sectlon applies to any industrial undertaking which fulfils all the following conditions, namely:-special paoyisioa in reaped of newly eatablillbed induatriel undeltekin ill hee trade zonea (i) it has begun or begins to manufacture or produce articles or things during the previous year relevant to the assessment year oommenclng on or after the 1st 15 day of aprll 1981 in any free trade zone; (ii) it is not formed by the splitting up, or the reconstruction, of a business already in existence: | provided | that | this | condition | shall | not apply in | respect ||---------------|---------------|-------------------|--------------|-------------------|-----------------|----------------|| of any | industrial | undertaking which | is | formed | as | a || 20 | result | of | the | re-establishment, | | reconstruction || 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; | | | | | | || 25 | | | | | | || (iii) | | | | | | || it | | | | | | || is | not | formed | by | the | transfer | to a new || ness | of | machinery | or | plant previously | used | for any || purpose | | | | | | |explarigtion - -the provisions of explanation 1 and explgll4uon 2 to sub-sectlon (2) of section 80-1 shall apply 30 for the purposes of clause (iii) of this sub-section as they apply for the purposel of clause (ii) of that sub-section (3) the profits and gains referred to in lub-section (1) shall not be included in the total income of the assessee in respect of the assessment year relevant to the previous 35 year in which the industrial undertaldng beglna to manufacture or produce articles or things (such assessment year being hereafter in this section referred to as the inltial assebsment year) and each of the four 88sessment yean immediately succeeding the tnittal aslessment year (4) notwlthstandtng anything contained in any other provision of this act in computing the total income of the assessee of the previous year relevant to the assessment year immediately succeeding the last of the relevant assessment years, or of any previous year relevant to any 5 subsequent assessment year-(i) section 32, section 32a, section 33, section 35 and clause (ix) of sub-section (1) of section 36 shall apply as if every allowance or deduction referred to therein and relating to or allowable for any of the relevant 10 assessment years, in relation to any buudtng, machinery, plant or furniture used for the purposes of the business of the undertaking in the previous year relevant to such assessment year or any expenditure incurred in such previous year had been given full effect to for that 15 assessment year itself and accordingly sub-section (2) of section 32, clause (ii) of sub-section (3) of section 32a clause (ii) of sub-section (2) of section 33, subsection (4) of section 35 or the second proviso to clsf1lse (ix) of sub-section (1) of section 36, as the case may be, 20 shall not apply in relation to any such allowance or deduction: (ii) no loss referred to in sub-section 0) of section 72 or sub-section (1) of section 74 and nn deficiency referred to in sub-section (3) of section ~oj 25 shall be carried forward or set off where such los8, or, as the case may be, deficiency relates to any of the relevant assessment years: (iii) no deduction shall be allowed under section 80hh or section bohha or section 8<h or section 80j where 30 the industrial undertaking has begun to manufacture or produce articles or things during any previous year relevant to any of the relevant assessment years: and (iv) in computing the depreciation allowance under section 32, the written down value of any asset shall be 35 computed as if the assessee had claimed and been actually allowed the deduction in respect of depreciation for each of the relevant assessment years (s) where an industrial undertaking in any free trade zone has begun to manufacture or produce articles or things 40 in any previous year relevant to the assessment year commencing on or after the 1st day of april, 1977 but before the 1st day of april, 1981, the assessee may, at his option, before the expiry of the time allowed under sub-section (1) or sub-section (2) of section 139, whether 45 fixed originally or on extension, for furnlshing the return of income for the assessment year commencing on the 1st day of apru, 1981 furnish to the income-tax ofiicer a declaration in writing that the provisions of sub-section (1) 5 may be made applicable to him for each of the relevant assessment years as reduced by the number of assessment years which expired before the 1st day of aprll, 1981 and if he does so, then, the provisions of sub-section (1) shall apply to him for each of such relevant assessment years 10 and the provisions of sub-sectlon (4) shall also apply in computing the total income of the assessee for the assessment year immediately succeeding the last of the relevant assessment years and any subsequent assessment year (6) the provisions of sub-sectlon (8) and sub-section (9) 15 of section 80-1 shall, so far as may be, apply in relation to the industrial undertaldng referred to in this section as they apply for the purposes of the industrial undertaking referred to in seetion 80-l explanation -for the purposes of this section,-20 (i) "free trade zone" means the kandla free trade zone and the santacruz electronios export processing zone and includes any other free trade zone whioh the central government may, by notification in the official gazetta- specify for the purposes of this sectlon; 25 (ii) "relevant assessment years" means the initial assessment year and four assessment years immediately suoceeding the initial assessment year ' - amendment of section 16 4 in section 16 of the income-tax act, in clause (i), with effect from the 1st day of april, 1982,-30 ( a) for the portion beginning with the words "a sum calculated" add ending with the words ''whichever is less", the following shan be substituted, namely:-"a sum equal to twenty per cent of the salary or five thousand rupees, whichever is less": 35 (b) in the proviso, clause (i) shall be omitted amendment of section 32a i in section 32a of the income-tax act, in clause (2) of the explanation below sub-section (2), for the words "the buslne 88 of the undertaking does not exceed ten lakh rupees i and for thia purpose the value of any machinery or plant 40 shall be,_", the following shall be substituted, namely:-"the business of the undertaking does not exceed,-(i) in a case where the previous year ends before the 1st day of august, 1980, ten lakh rupees: and (ii) in a case where the previous year enda after the 31st day of july, 1980, twenty lakh rupees, and for this purpose the value of any machinery or plant shall be,-" amendment of section 33a i in section 33a of the lucome-tax act in sub-secuon (7), 15 for the proviso, the following proviso and erpicul4tion 8bau be substituted with effect from the 1st day of aprll 1982, namely:-'provided that where sucb coat exceeds -(i) forty thousand rupees per heetare in respect of 10 land situate in a huly area comprised in the district of darjeellng: or (ii) thirty-five thousand rupees per hectare in respect of land situate in a bidy area comprlbed in an area other than the district of darjeellng: or 15 (iii) thirty thousand rupees per beetarein any other area, then the excess shall be ignored explanation • - for the purposes of this proviso, "district of darjeeung" meana the district of darjeel1ng 20 as on the 28th day of february, 1981, being the date of introduction of the finance bill, 1981 in the house of the people' - 25 1 in section 36 of the income-tax act, in sub-section (i), in clause (viii), in the second proviso, after the worda "time to time exceeds", the worda ''twice the amount of" shall be inserted with effect from the 1st day of april 1982 l in section 42 of the 1dc0me-tax act-ca) in the opening portion, for the worda "the association or parttcipation in sucb buatneas of the central 30 government", the worda "the auociatlon or participation of the central government or any person authorised by it in such buslnesa" shall be substituted; (b) in clause (b)-(i) the word "add" occurrtac at the ead shall be 3& omitted; (u) the following proviso shall be inserted, namely:-s 'provided that in relation to any agreement entered into after the 31st day of march, 1981, this clause shall have effect subject to the modification that the words and figures "except 88sets on which allowance for depreciation is admissible under section 32" had been omitted; and '; (e) the following explanation shall be inserted at the end, namely:-10 ' erpjarl4tion- for the purposes of this section, "mineral 011" includes petroleum and natural gas ' - i in section 80d of the income-tax act~ in sub-section (2), with effect from the 1st day of april, 1982,-(ca) in clause (i), for the words "two thousand four 15 hundred rupees", the words "four thousand eight hundred rupees" shall be substituted; (b \ in clause (ii), for the words "six hundred rupees", the words "one thousand two hundred rupees" shall be substituted ji in section 80hha of the income-tax jict,-20 a •• d •• tof section 8ohha (ca) in sub-section (3),-(i) for the words "in respect of each of the ten assessment years beginning with the assessment year relevant to the previous year in which the small-25 scale industrial undertaking", the words , of each of the ten previous years beginning with the previous year in which the industrial undertaking" shall be substituted (u) the following proviso shall be inserted at the 30 end, namely:-"provided that sucb deduction shall not be allowed in computing the total income of &by of the ten previous years aforesaid in respect of which the industrial undertaking is not a small-scale 36 lndulltrial undertaking within the meaning of clause (b) of the elplgll4ltidn below sub-section (8) "; (b) in sub-section (8) in clause (b) of the erp'clftgtidfl t for the words ''the business of the undertaking does not exceed ten lakh rupee; and for this purpose the value of any machinery or plant shall be-" the following shall be substituted namely:-lithe business of the undertaking does not exceed, -(1) in a case where the previous year ends before the 1st day of august, 1980 ten lakh rupees; and (2) in a case where the previous year ends after the 31st day of july 1980, twenty lakh rupees and for this purpose the value of any machinery or plant shall be,- " 10 ameadmeat of sectioa s« ll in section 80m of the income-tax act in subsection (1), in clause (a) for the figures and word "27 and 29" the figures and word "27 29 and 33" shall be substituted with effect from the 1st day of april 1982 15 12 in section 80qq of the income-tax act,-amendmeat of aection soqq (ei) in sub-section(l), for the words "nine assessment years" the words "fourteen assessment years" shall be substituted; (b\ in sub-section (2\ -(i) for the words, figures and letters "section 20 80rha or", the words, figures and letters "section 80rha or section 80-lor" sball be substituted; (ii) for the words, figures and letter "section 80j and " the words, figures and letters "section 80-1, secticm 80j and" shall be substituted 25 11 in section 86 of the income-tax act, in clauae (v), the following explanation shall be lnserted, namely:-"erpltllteltid1l - - for the purposes of this clause, in the case of an association of persons which is assessable under section 167a, each of the members of the 30 association whose shares in the income or, as the case may be, i8rt of the income of such association are indeterminate or unknown, shall be deemed to be entitled to receive an equal slare in the total income or, as the cbse may be, such iilrt of the total income of the association and the individual share of such member in suoh total income or, as tbe case may be, iilrt of the total income shall be determined accordingly " m in section 160 of the income-tax act, in sub-section (1), after clause (iv) the following clause and fxplanauans shall be inserted namely:-'(ii) in respect of income which a trustee appointed 5 under an oral trust receives or is entiued to receive on behalf or for the benefit of any person such trustee or trustees 6 of 1913 explanation 1- a trust which is not declared by a duly executed instrument in writing (including any wakf deed 10 which is valid under the mussalman wakf validating act 1913) shall be deemed, for the purposes of clause (ill) to be a trust declared by a duly executed instrument in writing if a statement in wrltlng signed by the trustee or trustees, setting out the purpose or purposes of the trust 13 particulars as to the trustee or trustees the beneficiary or beneficiaries and the trust property, is forwarded to the income-tax officer-(i) where the trust has been declared before the 1st day of june, 1981 within a period of three months from 20 that day: and (ii) in any other case within three months from the date of declaration of the trust 6 of 1913 explanation 2- for the purposes of clause (v) "oral trust" means a trust which is not declared by a duly 25 executed instrument in writing (including any wakf deed which is valid under the mussalman wakf validating act 1913) and which is not deemed under explanation 1 to be a trust declared by a duly executed instrument in writing ' ii after section 164 of the income-tax act, the 30 following section shall be inserted, namely:-inhrtion of new aection 164a cbarae of tu in case of oral tnaat '164a where a trustee receives or is entitled to receive any income on behalf or for the benefit of any person under an oral trust, then, notwithstanding anything contained in ilny other provision of this act, 35 tax shall be charged on such income at the maximum marginal rate explanation - for the purposes of this section, -(i) "maximum marginal rate" shall have the meaning assigned to it in explanation 2 below subsection (3) of section 164; (ii) "oral trust" shall have the meaning assigned to it in erplan4tion 2 below sub-section (1) of se~tion 160 ' 5 iii al!ltigll of dew eection 167a ii in chapter xv of the income-tax act, after section 167, and before the sub:-heading"e--erecutors ", the following sub-beading and section shall be inserted, namely:- 'dd-associations ofpersns- special uses167a (1) where the individual shares of the members of an aaoclattoll of persona (other than a company or 10 charp of tu where ahara of iidkaowa c~operative society) in tile income of such aa8ociation are indeterminate or unknown, taxhall be charged on the total income of the absociation at the mu1mum marginal rate (2) where the individual shares of the members of an usoclation of persons (othel' than a company or 15 ~operattve society) in any part of the income of reb "sociatioll are indeterminate or unknown the tnoometax payable by the usoclation sball be the aggregate of-(i, the amount of income-tax calculated on tbe aforesaid part of tbe total income, at tbe maximum 20 marginal rate; and (ii) tbe amount of income-tax with whicb it would bave been chargeable bad tbe remaining part of tbe total income been its total income erpl4ft4tion - for the purposes of tbis section, -26 (4) "maximum marginal rate" shall have the meaning assigned to it in erplgnatfon 1 below 8ubsection (3) of section 164; (b) the individual shares of the members of an association of persons in the income of such 30 association shall be deemed to be indeterminate or unknown if sucb shahs are indeterminate or unknown on tbe date of formation of sucb association or at any time thereafter ' 36 u in sect:lon 208 of the income-tax act, in sub-sectiql (2), for clause (c), the following clauses shall be substituted with effect from the 1st day of june, 1981, namely:-"(e) in the case of a hindu undivkled family which at any time during the previous year has at least one member 40 whose total income of the previous year exceeds rs 16,000 rs 12,000; (el) in any other case rs 15,000- 11 in section 252 of the income-tax act, for sub-s8cuon (2) the following sub-sections shall be substituted, namely:-"(2' a jldicial member shall be a person who has for at least ten years held a judicial office in the territory of 5 india or wbo bas been a member of the central legal ~rv1ce and has held a post in grade i of that service or any equivalent or higher post for at least tbree years or who has been an advocate for at least ten years explanation -for the purposes of this sub-section -10 15 (i) in computing the period during which a persoll has held judicial office in the territory of india, there shall be included any period, after he has held any judicial offlce, during which the persod has been an advocate or has held the offlce of a member of a tribunal or any post, under the union or a state requiring special knowledge of lawi 20 (ii) in computing the period during which a person has been an advocate, there shall be included any period during which the person bas held judicial office or the office of a member of a tribunal or any post,under the union or a state requiring special knowledge of law after he became an advocate 25 38 of 1949 30 (2a) an accountant member shall be a person who has for at least ten years been in the practice of accountancy as a chartered accountant under the chartered acoountants act, 1949 or as a registered accomtant under any law formerly in force or partly as a registered accountant and partly as a chartered accountant or who has been a member of the indian income-tax service, group a and has held the post of commissioner of income-tax or any equivalent or higher post for at least three years " a_of hctioa 253 u in section 253 of the income-tax act in sub-sect1od (6) for the words "ode hundred and twenty-fiw rupees" the words "two hundred rupees" shall be substituted with effect 35 from the 1st day of june 1981 •• in sectian 256 of the income-tax act in sub-seotion (1) for the words "one hundred and twenty-five rupees" the word "two hundred rupees" shall be substituted with effect from the 1st day of june, 1981 40 21 in section 269g of the income-tax act, in sub-section (2) for the words "ode hundred aod twenty-bw rupees" the words "two hundred rupees" shall be substituted with effect from the 1st day of june, 1981 22 after section 293 of the income -tax act, the following section shall be inserted, namely:-insertion of new section 293a '293a (1) if the central government is satisfied that it is necessary or expedient so to do in the public interest, it may, by notification in the official gazette, make an 5 exemption, reduction in rate or other modification in respect of income-tax in favour of any class of persons specified in sub-section (2' or in regard to the whole or any part of the income of such class of persons power to make exemption, etc, in relation to participation in the business of plolipecung for, extraction, etc, of mineral oils (2) the persons referred to in sub-section (1) are tbe 10 following, namely:-(a) persons witb wbom the central government has entered into agreements for the association or participation of that government or any person autborised by tbat government in any business consisting of the 15 prospecting for or extraction or production of mineral oils; (b) persons rendering technical services in connection with any business consisting of the prospecting for or extraction or production of mineral oils carried 20 on by that government or any person specified by that government in this behalf by notification in the official gazette; and (c) employees of the persons referred to in clause (a) or clause (b) 25 (3) every notiflcation issued under this section sball be laid before esch house of parliament explanation - for the purposes of this section, "mineral oil" includes petroleum and natural gas ' amendment of ninth schedule za in the ninth schedule to the income-tax act, after 30 item 32, the following item shall be inserted witb effect from the 1st day of april, 1982, namely:-"33 electronic components and raw materials; computerr and peripherals; communication equipment; process control, instrumentation, industrial and professional 35 grade electronic equipment " h in the eleventh schedule to the income-tax act,-(a) for the brackets, words, agures and letters ii/see sectioo 32a and secti~ &oj (")j ", the brackets, wo;ds, figures and letters "lsee secti0ll32a, sectioo 8occ(3)(ct(i), 40 section8()1(2) and section 80j(4) i" shall be substituted; (b) item 8, itemf:! 11 to 21 (both inclusive) and items 26 and 29 shall be omitted with eftect from the 1st day of april, 1982 21 the following 1tmendments (being amendments of a con-consequential 5 sequential nature) shall be made in the income-tax act, namely:-iimendments (a) in sub- section (3) of section bop, for the words, figures and letters "section 80hha, section 8oj" the words figures and letters "section 80hha, section 80-1, section 8oj" shall be substituted; 10 (b) in the fxplanatiotl below sub-section (2) of section 273, for the word ''proviso'', lit both the places where it occurs, the words "first proviso" shall be substituted " t al th~ taxamendment of section 21 21 in section 21 of the we~th-tax act, 1957 (hereln-15 after referred to as the wealth-tax act),-(a) in sub-section (1) the following explanation shall be inserted namely:-"explanation - a trust which 18 not declared by a duly executed instrument in wrlting (induding a valid 20 deed of wakf) shall be deemed, for the purposes of this sub-section, to be a trust declared by a duly executed instrument in writing if a statement in writing,slgned by the trustee or trustees setting out the purpose or purposes of the trust, particulars as to the trustee 25 or trustees, the beneficiary or beneficiaries and the trust property, is forwarded to the wealth-tax omoer,-(i) where the trust has been declared before the 1st day of june, 1981, within a period of three months from that day; and 30 (ii) in any other case, within three months from the date of declaration of the trust " ; (b) in sub-section (4),-(i) for the words ''notwithstandlng anything contalned in this section", the words "notwithstanding anyth1ng 35 contained in the foregoing provislons of this section" shall be substituted; (ii) in explanation 2 , for the words "for the purposes of this sub-sectlon in any case, not being a case referred to in the prov iso" the words, brackets, figure and letter 40 "for the purposes of this sub-aection or sub-secftbn (4a) in any case, dot being a case referred to in the proviso to this sub-section" sball be substituted; (e) after 8ub-section(4), the followttg sub-section sball be werted, namely:-'(fa) notwithstanding anything contained in this sectlon, where the assete chargeable to tax under this act are held by a trustee under an oral trust, the 5 wealth-tax shall be levied upon add recovered from such trustee in the like manner and to the same extent 88 it would be leviable upon and recoverable from an individual who is a citizen of india and resident in india for the purposes of this act, and -10 (a) at the rates specified in part i of schedule i; or fbl at the rate of three per cent , whichever course would be more beneficial to the revenue fjp'''pllltioh - -for the pn-pos88 of this sub-secuon, 15 "oral trust" means a trust which is dot declared by a duly executed in&trument in writing (induding a valid deed of wakf) aid whj ch is ddt deemed under the ejp'aji4lion to sab-eect1on (1) to be a trust declared by a duly executed lnstrumeut in wrltlng ' 20 11 after section 2la of the wealth-tax act, the followldg section shall be inserted, d&jdely:-| insertion | of ||--------------|-----------|| a_ | || im!ctiod | || 21aa | || 25 | || asseslllleat | || wllea | __ || t | || are | || held by | || cfttaill | || ••• | octtioga || ofpel8dd | || 30 | |"21aa (1) where aseeta chllrgellble to tax upr this act are held by an aaaoclation of per1!lods, other than a company or co-operative society, and the individual shares of the members of the ujd aeeoclation in the income or assets or both of the aald abaociatlon on the date of ita formation or at any time thereafter are indeterminate or unkddwll, the wealtb-tax shall be levied upon and recovered from such asaoclatlon in the like manner and to the same extent as it would be levlatie upon and recoverable from an individual who ia a citizen of india and resident in india for the purposes of this act, and-(4) at the rates apeclfted in part i of schedule i; or 35 (b) at the rate 01 three per cent •• whichever course would be more beneficial to the revenue (2) where any bwllne8s or profession carried on by an aoclatlon of per,ns referred to in bub-section (1) bas been dlcontlnued or where such ae,clatloo of persons 0 is dissolved, the wealth-tax offlcer 8hall make an assesi-mellt of the aet wealth of tbe auoclatlon of peraods as if no such discontinuance or dfssolutton had taken place and all the provisions of this act, 1ncludldg the provl81ons relating to the levy of penalty or any other sum chargeable under any provision of this act, 80 far &i may be, 5 shall apply to such assessment (3) without prejudice to the generality of the provisions of sub-sectlon (2), if the wealth-tax officer or the appellate assistant commissioner or the commissioner (appeals) in the course of any proceedings under this act 10 in respect of any such association of persons as is referred to in sub-section (1) is satisfied that the association of persons waa gunty of any of the acts specified in section 18 or section lea he may impose or direct the imposltion of a penalty in accordance with the provisions of the 15 aajd sections (4) every person who was at the time of such discontinuance or dissolution a member of the association of persons and the legal representative of any such person who is deceased shall be jointly and severally 20 liable for the amount of tax penalty or other sum payable, and au the provisions of this act 80 far as may be, shall apply to any such assessment or imposition of penalty or other sum (5) where such dlsoontllll1&dc8 or dissolution takes 25 pace after any proceedings in reapect of an assessment year have commenced, the proceedings may be oonunued against the persons referred to in sub-section (4) from the stage at which the proceedings stood at the time of such discontinuance or dissolution, and all the provisions 30 of this act sba1i, so far as may be appy acoordlngiy explanation -- notwithstanding anything contalded in secuon 6, in computing 1i1e net wealth for the purp0888 of this section in any case, any as8ets referred to in clause8 (xv), (xiii) - (xlii) (xliii) (uiv), (nv), (x%1li) 35 {xxvii) (uvui) and (nil') of 8ub-sectlon (1) of that section lllball not be excluded:' amendment of section 24 ii in section 24 of the wealth-tax act in sub-secuon (4), for the words "one hundred and twenty-five rupees" the words "two hundred rupees" shall be subatltuted with 40 affect from the 1st day of june, 1981 alnendmeat of sec:tioa 26 21 in section 26 of the wea1th-tax act in 8ub-sectlon (2) for the words "one hundred add twedty-flve rupees", the words "two bulldred rupee8" iihall be 8ubstltuted with affect from the 1st day of june, 1981 | amendment | of ||------------------------|---------|| section | || 27 | || ii | || in | section || 27 | || of | || the | || wealth-tax | act, || ( | 1), || fo | r || the words "two hundred | rupees" || be | || substituted with | || effect | || from | the || 5 | || amendment | of || section | || 41 | |sl in section 41 of the wealth-tax act, after sub-section (3), the following sub-section shall be inserted, namely:-"(4) where an association of persons referred to in section 2laa is di ssolved, notices under this a ct in respect of any matter relating to the association may be served on any person who was a member of 10 the association immediately before its dissolution " gifhax18 of 1958 amendment of section 23 15 12 in section 23 of the gift-tax act, 1968 (hereinafter referred to as the gift-tax act), in sub-section (4), for the words "one hundred and twenty-five rupees" ,the words "two hundred rupees" shall be substituted with effect from ihe 1st day of june, 1981 | amendment | of ||-------------------------|----------|| section | || 25 | || 20 | || 33 | || in | || section | || 25 | || of | || the gift-tax | act || for the | || words | "one || hundr~ | || and twenty-five | rupees", || words "two hundred | || rupees" | shall || from | the || amendment | || of | || section | || 26 | || m | || in section | || 26 | || of | || the gift-tax | act, || 1) | , || for | the || "one | || hundred and twenty-five | rupees", || words "two hundred | || rupees" | shall || be | || substituted with effect | || from the | || 1st | day || of | june, || 1981 | || 25 | | surtcu/" , 7 of 196'1 j amendment of section 2 •• in the companles (profits) surtax act, 1964 (hereinafter referred 10 as the companles (profits) surtax aril in section 2, -(a) clause (1) shall be re-numbered as clause (la) 30 'and before the clause as so re-numbered, the following clause shall be inserted, namely:-t (1) "advance surtax" means the surtax payatie under sectlon 7a;'; 35 fb) after clause (7), the following clause shall be lnserted, !lamely:-'(7a) "regular usbama" meana an assellment made under section 6;1 •• in the companies (profits) surtax act, after section 7, the following secuojls shall be inserted, namely: -| inertioo ||---------------|| new ec:tion || 7a || to || 7d |'7a( 1) in this section,-advance pll)'m t of urtu 5 (a) "chargeable amount", in relation to any previous year, means 80 much of the chargeable profits of the previous year as exceed the statutory deductlonj (b) "current ch8rgeatie amount", in relation to the advance surtax payatie by a company during any ananclal year, means the chargeable amount of the 10 company of the period which would be the previous year for the assessment year immediately following that fl d8ilclal year (2) surtax sball be payatie, in accol'dance with the provislons of thls sectlon, in advadce during the financial 15 year in respect of the chargeable amount of the period mllch would be the previous year for the lmmecuately following assessment year (3) the amount of advance surtax payaj:ie by an assessee in the flnandal year shall be computed as 20 follows:-r ii) the chargeatie amount of the latest previous year in respect of which the asselillee has been asllessed by way of regular assessment shall first be ascertained; 25 (b) in a case where the chargeable amount of the latest prevjous year lbeing a year later than the previous year referred to in clause (a)j on the basis of which a provisional assessment bas been made wider section 7 exceeds the chargeable amount referred to in clause (a), the 30 chargeable amount referred to in clause (a) shall be substituted by the chargeable amount on the basis of which ~uch provisional assessment has been made; (e) surtax shall be calculated on the chargeable amount referred to in clause (a) or, as the case may be, in clause 35 (b), at the rates specified in the third schedule (4) subject to the provisions of this section, advance surtax shall be payable in three equal instalments on the following dates during the financial year namely :-40 (a) the 15th day of june, the 15th day of september and the 15th day of december in the case of an assessee whose chargeable amount to the extent of 76 per ctllt thereof or more is derived from a source or sources for wb1ch the previous yr (relevant to the uaessm8llt year next following the financial year aforesa1c:oenda oil or before the slat _~~~~~ 6 (b) the 15th day of september, the 16th day of december and the 15th day of march in any other 08se: provided that where, in re8pect of any cla8 of aae8sees, the,board baa, in exercwe of the powers conferred by the proviso to sub-section (1) of sectlog 211 of the inoome-tax 10 act authorised the paymaat of the lallt lnatalmed of advance tax on the 15th ~ of march during the fjdanclal yr instead of on the 15th day of december, the last instald"eilt of advance surtax in the caae of euoh u8eas888 ahall also be payable on the 15th day of march during the financial year 16 (5) every company shall in each flnancjai year on or before the date oil wbleb the first instalment or where it has not previously been asesed by way of regular asse meat under this act, oil or before the date on whjch the laat instalment, of advance surtax la due in it case under sub-section 20 (4), if it is likely to have any current chargeable amouat send to the inoome~ officer,-(a) where it has be- previously aa8e •• ed by way of regular assesament under thi8 act a statement of advance surtax payable ~ l& computed in the manner laid down in 26 sub-section (3) or (b) where it baa not prevloualy bam assessed by way of regular a8 ssm_ udder thl8 act an estimate of -(i) the curreat cbargeable amoudt and (if) the advanoa surtax payable by it on the amouat 30 specified in (f) above calculated in the manner laid down in sub-seetlon (31, and shall pay such amount of advance surtax,-(0 in a 08se falung under clauae (a), as accords with the statement in equal1nstalments on th~ dates applicable in its 36 case under aub-section (4) ~ and (ii) in a case fallldg under clause (ii) aa accords with the estimate in equa1in8talments on 8uch of the dates appu-cable in its case as have not expired, or in one sum if only the last of such dates bas not aplred 40 (6) where a company wb1ch is required to bend a statement under clause (a) of sub-section (5) estimatee on or before the date on which the first instalment of advance surtax is due in its case under sub-sectiod (4) that, by reasod of its current 5 chargeable amount being likely to be less than the chargeable amount od which advance surtax is payable by it \d1der subsection (5) or for any other reason, the amount of advanoe surtax computed in the manner laid down in sub-sectlon(3) on the current chargeable amount would be less than the 10 amount of advance surtax payable by it under sub-sectioll (s), it may send to the income-tax offioer, in lieu of such statement, an estimate of -(t) the ourrent chargeable amount, and (ti) the advance surtax payable by it on the current 15 ohargeable amount calculated in the manner laid down in sub-section (3), and shall ~y such amount of advance surtax as accords with its estimate in equal instalments on the dates appucable in its case under sub-section (4) - 20 (7) where a company'which has sent a statement under clause (a) of sub-section (5) estimates on or before the date on which the last instalment of advance surtax is due in its case that by reason of its current chargeable amount being likely to be less than the chargeable amount on which advance 25 surtax is payable by it under sub-section (5) or for any other reason, the amount of advanoe surtax oomputed in the manner laid down in sub-section (3) on the ourrent chargeable amount would be less than the amount of advance surtax payable by it under sub-sectlon(5) it may, at its option, send to the 30 inoome-tax offioer an estimate of -(f) the current chargeable amount and (ti) the advance surtax payable by it on the current chargeable amount calculated in the manner laid down in sub-section (3) 35 and shall pay such alt'ount of advance surtax as accords with its estimate in equal instalments on such of the dates applicable in its case under sub-sectiod (4) as have not expired, or in one sum if only the last of such dates has not expired (8) in the case of any company whlch 1s llatiie to pay 40 advance surtax under sub-section (5) or sub-section (6) or, a the case may be, sub-section (7), if, by reasod of the current chargeable amount being likely to be greater than the chargeable amount on which the advance surtax so payable by it has been computed or for any other reason, the amount of advance surtax computed in the manner lald down in subsection (3) on the current chargeable amount (which shall be 5 estimated by the company) exceeds the amount of advance surtax so payable by it by more than twenty per cent of the latter amount, it shall on or before the date on which the last instalment of advance surtax is payable by it, send to the income-tax officer an estimate of -10 (i) the current chargeable amount, and (ii) the advance surtax payable by it on the current chargeable amount calculated in the manner laid down in sub-section (3), and shall pay such amount 01 advance surtax as accords with 15 its estimate on such of the dates applicable in its case under sub-section (4) as have not expired, by instalments which may be revised according to sub-section (9) : provided that where in respect of any company the commissioner has in exercise of the powers conferred by the first pro- 20 viso to sub-section (4) of section 209a or the first provis~ to sub-section (3a) of section 212, of the income-tax act extended the date for furnishing the estimate referred to in the said subsection (4) or 8s the case may be, the said sub-sectlon(la) rnd the company has paid the advance surtax which it is liable to pay 25 under sub-section (5) or sub-section (6) or, as the case may be sub-section (7) on or before the date on which the last instalment of advance surtax is due in its case, the company shall pay on or before the date as so extended, the amollnt by which the advance surtax already paid by it falls short of the 30 advance surtax payable in accordance with its estimate (9) the pompany may send a revised estimate of the advance surtax payable by 1t on or before anyone of the dates specified in sub-section (4) and adjust any excess or deficiency in respect of any instalment already paid in a subsequent 35 instalment or in subsequent instalments (10) every statement or estimate under this section shall be sent in the prescribed form and verified in the prescribed manner interest payable by gov-miii_t 7b the central government shall pay simple interest 40 at twelve per cent per annum on the amount by which the aggregate sum of any instahrents of advance tax paid during any financial year in which they are payable under section 7 a exceeds the amount of the tax determined on regular assess-ment, from the 1st day of april next following the said financial year to the date of the regular assessment for the assessment year immediately following the said financial year 5 idt_t ~lby 10 7c (1) where, in any financial year, a company has paid advance surtax under section 7a on the basis of its own estimate (including revised estimate), and the advanoe surtax 80 paid is 1e88 than eighty-three and one-third per cent of the assessed surtax, simple interest at the rate of twelve per cent per annum from the 1st day of april next following the said financial year up to the date of the regular assessmellt shall be payable by the company upon the amount by which the advance surtax so paid falls short of the assessed surtax (2) where, on making the regular assessment, the income-15 tax officer finds -(a) that any such company as is referred to in clause (4) of sub-section (5) of section 7 a has not sent the statement referred to in that olause or the estimate in lieu of such statement referred to in sub-section (6) of 20 that section; or (b) that any such company as is referred to in clause (b) of sub-section (5) of section 7a bas not sent the estimate referred to in that clause, simple interest at the rate of twelve per cent per annum 25 from the 1st day of april next following the financial year in which the advance surtax was payable in accordance with the said sub-section (5) or sub-section (6) up to the date of the regular assessment shall be payable by the company upon the amount equal to the assessed surtax 30 (3) where, on making the regular assessment, the income-tax officer finds that any company which is required to send an estimate under sub-secuon (8) of section 7 a has not sent the estimate referred to therein, simple interest at the rate of twelve per cent per annum from the 1st day of 35 april next following the financial year in which the advance surtax was payable in acoordance with the said sub-section (8) up to the date of the regular assessment shall be payable by the company upon the amount by which the advance surtax paid by it falls sbort of the assessed surtax 40 (4) notwithstanding anything contained in the foregoing subsections, where provisional assessment is made under section 7-(i) interest shall be calculated in aooordance with the provisions of sub-section (i) or sub-section (2) or, as the case may be, sub-section (3) up to the date on which the surtax provisionally assessed 1s paid and (tt) thereafter interest shall be calculated at the rate of twelve per cent per annum on the amount by whioh the surtax provisionally assessed falls short of the assesled 6 surtax (5) in suoh cases and 1dlder such circumstances as may be prescribed, the inoome-tax officer may reduce or waive the interest payable by the comapdf under this section (6) where, as a result of an order under sect10d 11, or 10 section 12, or section 13, or section 17, or section 18 read wjth section 260 or 8ection 262 of the income-tax act, the am01dlt on which interest was payable udder this s80tion has been reduced, the interest shall be reduced accordingly aod the exoes8 interest paid, if any, shall be refudded (7) in this section and section 9a, "assessed surtax" ljieans the surtax determined on the basi, of the regular assessment without making any deduction therefrom iiiterwt pay,le by eeill c of 1iftd~ eatildlite etc 7d where, on making the regular assessment, the income-tax officer finds that any company bas under section 20 7 a underestimated the advance surtax payable by it and thereby reduced the amount payable in either of the first two instalments, he may direct that the company shall pay simple interest at twelve per cent per annum for the period during which the payment was deficient, on the differenoe between the amount 25 paid in each such instalment and the amount whioh should have beal paid, baving regard to the aggregate advanoe surtax actually paid during the year erp'anauon - for the purposes of this section, any instalmalt due beiore the expiry of sm months from the 30 commencement of the previous year in respect of whioh it is to be paid shall be deemed to have beoome due fifteen days after the expiry of the said six months i ii in the companies (profits) surtax act, after section 9, the following section shall be inserted, namely:-3& inaertion of section 9a false eatimete of - mf to pay,lidv8dce aarta "9a (1) it the income-tax officer, in the course of bdy proceedings in connection with the regular as88ssment for any as88ssment year, is satisfied that any assessee -| (4) | has ||-----------|-------------------------|| tarnished | udder || clause | () || aub- | || section | || (5) | || of | sectlon || 'fa | a statement of advance || by | || 40 | || hljd | whloh || be | || knew | || or | had || realm | || to | || believe | || to | || be | || untrue, | || or | |(b) has without reasonable cause faued to furnish a statement of the advance surtax payable by him in accordance with the provisioos of clause (4) of subsection (5) of sectioo 7a, 15 he may direct that such assessee shall, in addition to the amount of surtax, if any, payable by him, pay by way of penalty a sum -(t) which, in the case referred to in clause (a) shall not be less thad ten per cent but shall not exceed one 10 and a half times the amount by which the surtax actually paid during the financial year immediately preceding the assessment year under the provisions of section 7} falls sbort of -(1) eighty-three and one-third per cent of the assessed surtax or (2) the amount which would have been payable by way of advance surtax if the assessee had furnished a correct and complete statement in accordance with the provisions of clause (4) of sub-section (5) of 20 section 7 a, whichever is less; (ii) which, in the case referred to in clause (b) shall not be less than ten per cent but shall not exceed one and a half times of eighty-three and one-third per cent 26 of the assessed surtax (2) u the income-tax officer, in the course of any proceedings in connectioo with the regular assessment for any assessment year, is satisfied that any assessee -(4) has furnished under olause (b) of sub-section (5) 30 or sub-sectioo (6) or sub-sectioo (7) or sub-section (9) of section 7 a an estimate of the advance surtax payable by him which he knew or had reason to believe to be untrue, or (b) has furnished under sub-section (8) of section 315 7 a an estimate of the advance surtax payable by him which he knew or had reason to belleve to bd untrue, or (e) bas without reasonable oause faued to furnish an estimate of the advanoe surtax payable by him in aooordance with the provlsfms of clause (b) of sub-40 section (5) of section 7a, or (d) has without reasonable cause failed to furnish an estimate of advance surtax payable by hlm in accordance with the provisioos of sub-section (8) of section 7a, he may direct that such assessee shall, in addition to the 5 amount of surtax, if any, payable by him, pay by way of penalty a sum -(i) which, in the case referred to in clause (a), shall not be less than ten per cent but shall not exceed one and a half times the amount by which the surtax actually 10 paid during the financial year immediately preceding the assessment year under the provisions of section 7 a falls short of -(1) eighty-three and one-third per cent of the assessed surtax, or 15 (2) where a statement under clause (a) of subsection (5) of section 7a was furnished by the assessee, the amount payable under such statement, whichever is less; (ti) which, in the case referred to in clause (b), shall 20 not be less than ten per cent but shall not exceed one and a half times the amount by which the surtax actually paid during the financial year immediately preceding the assessment year under the provisions of section 7 a falls short of eighty-three and one- third per cent of the 25 assessed surtax; (iii) which, in the case referred to in clause (c) shall not be less than ten per cent but shall not exceed one and a half times of eighty-three and one-third per cent of the assessed surtax; and 30 (tv) which, in the case referred to in clause (di, shall not be less than ten per oent but shall not exceed one and a half times the amount of surtax payable in accordance with a statement under clause (a) or an estimate under clause (b) of sub-section (5) of 3s section 7 a or an estimate in lieu of a statement under sub-section (6) of that section falls short of etghtythree and one-third per cent of the assessed surtax erpigft~n _where the commissioner has, in exercise of the powers conferred by the first proviso to sub-40 sectim (4) of section 209a, or the first proviso to subsectim (la) of section 212, of the income-tax act, extended the date for furnishing the estimate referred to in the sa id sub-section (4) or as the case may be, the said sub-section (la) and the date so extended falls beyond the financial year immediately preceding the assessment year then, the amount 5 of surtax paid by the assessee on or before the date so extended shall for the purposes of clause (ii) of sub-section (2) also be regarded as surtax actually paid during that financial year " amendmeat of sectioll 1o in section 10 of the companies (profits) surtax act, after the words and figure ''under section 9", the words 10 figure and letter "or section 9a" shall be inserted amendment of section 11 in section 11 of the companies (profits) surtax act, in sub-section (1), after the words "fine imposed by the income-tax aftcer, " the words, figure and letter "or objecting to the interest levied by the income-tax officer 15 under section 7d, " shall be msened amendment of section 12 •• in section 12 of the companies (profits) surtax act in sub-section (6) for the words "one hundred and twentyfive rupees" the words ''two hundred rupees" shall be substituted with effect from the 1st day of june, 1981 20 el in section 18 of the companies (profits) surtax act amendment of section 18 for the figures and word "220 to 229" the figures and word "218 to 229" shall be substituted it in the companies (profits) surtax act, after section 24a the following sectioll :jhall be inserted namely:-| idsertion | of ||--------------|---------|| new | section || 24aa | |25 30 power to make ellemption,etc, in relation to participation in the busineaa of plospectin& for, ntr:tion, etc, of mineral oils '24aa (1) u the central government is satisfied that it is necessary or expedient so to do in the public interest it may by notification in the official gazette, make an exemption reduction in rate or other modification in respect of surtax in favour of any class of foreign companies specified in sub-section (2) or in regard to the whole or any part of the chargeable profits of such class of companies explanation • -for the purposes of this sub-section, ''foreign company" shall have the meaning assigned to it 35 in clause (4) of section 80b of the income-tax act (}) the foreign companies referred to in sub-section (i) are the following, namely:-(ca) foreign companies with whom the central government has entered into agreements for the 40 association or partlclpation of that government or any person authorised by that government in any business colulistlng of the prospecting for or extraction or production of mineral ous; and 6 (b) foreign companies rendering technical servioes in connection with any business conslattng of the prospectldg for or extraction or production of mineral ous carrted oil by that government or lilly persoll specified by that government in this behalf by nouncation in the aficia) gazette (3) every notlfication issued under this section shall be laid before each house of parliament | | | | | explanation | - ||-----------|------|----------|-----------|-----------------|---------|| for | the | purposes | of | this | 8actim, || ''mineral | ou" | includes | petroleum | | || and | | | | | || natural | gas | ' | | | || 10 | | | | | || amendment | of | | | | || firat | | | | | || schedule | | | | | |q in the first schedule to the companies (proftts)surtax act, in rule i, the following elp'clngtion shall be added at the end, namely:-20 "explgjl4ltion - -notwithstanding anything colltained in rny clause of this rule the amount of any income or profits and gains which ia required to be excluded from the total income under that clause shall be only the amount of such income or profits and gains as computed in accordance with the provisions of the income-tax act (except chapter via thereof) and in a case where any deduction ia required to be allowed in respect of any auch income or profits and gains under the said chapter via, the amount of such income or profits and gaina computed as aforesaid as reduced by the amwnt of such deduction " 25 amendeat of act 45 of 1974 in section 16 of the lnterest-tax act, 1974:, in subsection (6) for the words "008 hundred and itwenty-five rupees" the words ''two lundred rupees" shall be substituted with effect from the 1st day of june, 1981 hotel-receipts tar 30 amendment of act 54 of 198()' in section 19 of the hotel- receipts tax act, 1980, in sub-section (6) for the words "ode hundred and twenty -five rupees", the words "two hundred rupees" shall be substltuted with effect from the 18t day of june, 1981 chapter iv 35 iflldiiect taxesa_eadmeat of act 51 of 1975 • the customs tariff act 19'75 (hereinafter referred to as the customs tariff act) shall be amended in the madder apec1fied in the second schedule duties of cuatoaa •• q (1) in the case of goods mentioned in the first schedule to the customs tariff act, or in that schedlle, as amended from time to time, there shall be levied and collected as an auxiliary «lity of customs an amount e~al to twenty-five per 5 cent of the value ofthe goods as determined in accordance s2 of 1962 with the provisions of section 14 of the customs act, 1962 (hereinafter referred to as the customs act) (2) sub-section (1) shall cease to have effect after the 31st day of march, 1982, except as respects things done or omitted 10 to be done before such cesser; and section 6 of the general 10 of 1897 clauses act, 1897, shall apply upon such cesser as if the said sub-section had then been repealed by a central act 0) the auxiliary duties of customs referred to in subsection (1) shall be in addition to any duties of customs 15 chargeable on such goods under the customs act, or any other law for the time being in force (4) the provisions of the customs act and the rules and reillations made thereunder, including those relating to refunds and exemptions from wues, shall, as far as may 20 be, apply in relation to the levy and collection of the auxiliary duties 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 goods under that act or those rules and regulations, as the case may be | ameadmeot | of ||--------------|-------|| act 1 | || of | || 1944 | || special | || dati_ | || of | || ilrri | |25 the central excises and salt act, 1944 (hereinafter referred to as the central excises act), shall be amended in the manner specified in the third schedule (1) in the case of goods chargeable with a duty of excise under the central excises act, as amended from time to time, 30 read with any notification for the time being in force issued by the central government in relation to the duty so chargeable, there shall be levied and collected a special wty of excise equal to ten per cent of the amount so chargeable on such goods 35 (2) &tb-section (1) shall cease to have effect after the 31st day of march, 1982, except as respects things done or omitted to be done before such cesser; and section 6 of the general 10 of 1897 clauses act, 1897, shall apply upon such cesser as if the laid sub-section had then been repealed by a central act 40 (3) the special duties of excise referred to in sub-sectioo (1) hall be in addltion to any dtties of excise chargeable on such goods under the central excises act, or any other law for the time being in force (4) the provisions of the central excises act and the rules made thereunder, including those relating to rel1nds and exemptions from mties, shall, as far as may be, apply in relation to the levy and collection of the special duties of excise leviable under this section in respect of any goods as they 5 apply in relatim to the levy and collection of the duties of excise on ajch goods under that act or those rules, as the case may be | adlestdmestt | of ||-------------------------------|--------------|| act 58 | || of | || 1957 | || 10 | || in the | first || to | || the additional | ntties || of | || excise | || (goods of special importance) | act, || item | || no4, | under || "ii | || mgnufcu:tured | || tobacco | _", || for | the || against | sub-item || (2), | || the | entry || ad | lialor || plus | || ten | rupees || ii | || shall | || be | || substituted | || adleadmestt | of || act 40 | || of | || 1978 | || 11 | || in | || section | || s | || of | the || and | || textile | articles) || (1), | || for | the || words | ''ten || the | || words | "fifteen || be | || substituted | || ~mendmesttof | || act | 16 || of | || 1955 | || 12 | || the | medicinal || and | || tonet | preparations || act, | 1955, || be | || amended in the | manner || fourth | schedule | chapter v mlsa:uaneousamdmeatof act 38 m 1974 in the compulsory deposit scheme (income-tax payers) act, 1974,-25 (a) in section 3,in sub-section (l) for the figures, letters and words "1st day of april, 1982 ", the figures, letters and words "1st day of april, 1984" shall be substituted: 30 fb) in section 4, in sub-section (ll, in clause (iii), for the figures, letters and words "1st day of april, 1982", the figures, letters and words "1st day of aprn, 1984" shall be aubstituted: (c) in 8ection 8, with effect from the 1st day of june, 1981, -(1) after sub-aection (n, the following sub-section 36 shall be inserted, namely:-"(ia) notwithstanding anything contained in sub-8ection ( 1) , -(a) the amount of compulsory deposit made by or recovered from an individual, or 40 (b) the amount of compulsory deposit made by or recovered from any person who is assessable under the lnoome-tax act in respect of the total income of an individual, on behalf of such individual, 5 shall, to the extent it has remained unpaid, be repayable, together with interest thereon,-(i) where such individual has attained the age of seventy years before the 1st day of april, 1981, on the 1st day of june, 1981; and 10 (ii) in any other case, on the 1st day of the financial year immediately succeeding the financial year in which slch individual attained seventy years of age "; (ii) in sub-section (2), after the words, brackets and 15 figure "under sub-section (l)~', the words, brackets, figure and letter "or sub-section (la)~' shall be inserted declaration under tile provisional collection of talts act, 1931it is hereby declared that it is expedient in the public 20 interest that the provisions of clauses 46, 47, 48, 49, 50, 51 and 52 of this bill shall have immediate effect under the 16 of 1931 provisional collection of taxes act, 1931 part 1 income-tax and surcharge on income-tax sub-pcuqraph iin the case of every individual or hindu undivided family or unregistered firm or other association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of 10 section 2 of the income-tax act, not being a case to which sub-paragraph n of this paragraph or any other paragraph of this part ilpplies,-| rates | of ||-----------------|---------------------|| f"'''tne-tai | || nil; | || 15 | || (1) | where || does | not || (2) | || where | the total || exceeds | rs || exceedrs15,ooo | || 15 | per || which the | || total | income || rs | 8,000; || 20 | || (3) where the | tutal || exceeds | rs || exceed | rs20,ooo || rs | || i, | || 050 | || plus | || 18 | per || the amount | by || income | exceeds || 25 | || (4) | || where | the || exceeds | rs || exceed | rs || rs | 1,950 || plus | || 25 | || per | cent || the | amount by which the || income | exceeds || (5) | where || exceeds | rs || exceed | rs30000 || rs | 3,200 || plus | || 30 | per || the | amount by which the || income | exceeds || 30 | || rs | 4,700 || plus | || 40 | per || the | amount || income | exceeds || (6) | || where | the || exceeds | rs || exceed | rs || (7) where | || the | total || plus | || 50 | per || exceeds | || ra | || 50,000 | but || by | || which | || the | || total | || exceed | r8 |(8) where the total income exceeds rs 70,000 but does not exceed rs i, 00, 000 | rs | 22,700 ||-------------------------------|-----------|| plus | || 55 | per || the amount | by || income | exceeds || (9) | || where the total income | || 5 | || oxceeds | rs || rs | 39,200 || plus | || 60 | per || the amount by which the total | || income | || exceeds | rs |provided that for the purposes of this sub-paragraph, -(i) no income-tax shall be payable on a total income not exceeding rs 12, 000; 10 (iil where the total income exceeds rs 12,000 but does nol exceed rs 16,250, the income-tax payable thereon shall not exceed thirty per cent of the amount by which the total income exceeds rs 12,000 surcharge on ,"come-tcu15 the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall be increased by a surcharge for purposes of the union calculated at the rate of tcn per cent of such income-tax sub- p arl1araph ii20 in the case of every hindu undivided family which at any time during the previous year bas at least one member whose total income of the previous year relevant to the assessment year commencing on the 1st day of april, 1981 exceeds rs 12,000, - ratts of utcomeo(u25 (1) where the total income nil; ~oes not exceed re 8, 000 (2) where the total income exceeds rs 8, 000 but does not exceed rs 16,000 | 22per ceot | of ||------------------------|--------|| the | || amount by | || which the total income | || exceeds | || rs | 8,000; |30 (3) where the total income exceeds rs 16,000 but does dot exceed re 20, 000 rsl,540 plus 27 per cent of the amount by which the total income exceeds rb 16, 000; 35 (4) where the total income exceeds rs 20,000 but does not exceed re25,ooo | rs | 2,890 | plus ||---------------------|----------|---------|| the amount by which | | || the | | || total | | || income | | || exceeds | rs | 20,000; || | (5) | where | the | total | income ||---------|-----------|----------|---------|----------|-----------|| exceeds | rs | 25,000 | but | does | not || exceed | rs30,ooo | | | | || rs | 4,640 | | | | || plus | | | | | || 40 | per | cent | of | | || the | amount | by | which | the | total || income | exceeds | rs | 25,000; | | || 5 | | | | | || (6) | | | | | || where | the | total | income | | || exceeds | rs | 30,000 | | | || but | | | | | || does | not | | | | || exceed | rs50,ooo | | | | || rs | 6,640 | | | | || plus | | | | | || 50 | per | cent | of | | || the | amount | by | which | the | total || income | exceeds | rs | 30,000; | | || (7) | | | | | || where | the | total | income | | || exceeds | rs50,ooo | | | | || rs | 16,640 | | | | || plus | | | | | || 60 | per | cent | of | | || the | amount | by | which | the | total || income | exceeds | rs | 50,000: | | |provided that for the purposes of this sub-paragraph, -10 (i) no income-tax shall be payable on a total income not exceeding rs 12,000; (ii) where the tota1mcome exceeds rs 12,000 but does not exceed rs17, 610, the income-tax payable thereon shall not exceed forty per cent of the amount by which the total income 15 exceeds fts12000 the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall be increased by a surcharge for purposes of the union calculated at the rate of 20 ten per cent of l:iuch income-tax paraaraph bin the case of every co-operative society,-| rates | of ||-------------|-----------|| income-tal' | || 25 | || (1) | where || does | not || 15 | || per | cent || idcome; | || (2) | where || exceeds | rs || exceed | rs20,000 || rs | 1,500 || the | amount || income | exceeds || (3) | where || exceeds | rs20,ooo || rs | 4,000 || plus | || 40 | per || the | amount || the | || total | || income | exceeds |the amolult of income-tax coiilpited in accordance with the preceding provisions of this pa!'ltl1'rph shall be increased by a surcharge for purposes of the union calculated at the rate of 5 ten per cent of such income-tax parasraph c slibp,nasraph iin the case of every registered firm not being a case to which sub-paragraph ii of this paragraph applies-ratts of inco,"e~tax 10 (1) where the total income nil; does not exceed rs 10000 (2) where the total inoome exceeds rsi0,ooo but does not exoeed ri 25 000 5 per cent of the amount by which the total income exceeds rs 10000; 15 | rs | 750 ||---------|-----------|| pills | || 7 | || per | cent || amount | by which || inoome | exceeds || (3) | || where | the || exceeds | rs || exceed | rs50000 |20 (4) where the total income exoeeds rs 50000 but does not exceedral00000 rs 2500 pills 15 pet cent of the amount by which the total income exceeds rs 50,000; (5) where the total income exceeds rsl,oo,ooo rs 10000 pills 24 per cent of the amount by which the total income exceeds rs 100000 25 surcharqt on income-tax 1'he amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall be increased by a surcharge for purposes of the union calculated at the rate of ten per cent of such income-tax 30 in the case of'every registered firm whose total income includes income derived from a prf)fesslon carried on by it and the ldcome 80 included is not less tbad fifty-one per cent of such total income,- rates of iflcolle-ttunil; (1) where the totalldoome does not exceed' 10,000 5 (2) where the tot in\ }ome exceeds rslo, 000 but does not exceed re 25, 000 " per oent of the amuunt by which the total income exceeds rs 10,000; (3) where the tota11ncome exceeds rs 25,000 but does not exceed ra 50, 000 rs 800 pills 7 per cent of the amount by which the total income 10 exceeds rs 25,000; rs 2, 350 pills 13 per cent of the amount by which the total income exceeds rs 50,000; (4) where the total income exceeds re 50,000 but does not exceed re 1,00,000 15 (5) where the total income exceeds ra 1, 00, 000 rs 8,850 pills 22 per cent of the amount by which the total income exceeds rs 1,00,000 surcharrt on income-tiltthe amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall be increased 20 by a surcharge for purposes of the union calculated at the rate of ten per cent of such income-tax explanation - for the purposes of this paragraph, "registered firm" includes an unregistered firm assessed as a registered firm under clause (b) of section 183 of the income-tax act 25 rar~raph din the case of every local authority,- rale of income-lar| on | the | whole of ||------------|--------|-------------|| 50 | per | cent || sllrcharre | | || on | | || income-lax | | || 30 | | |the amount of income-tax computed at the rate hereinbefore specified shall be increased by a surcharge for purposes of the union calculated at the rate of ten per cent of such incometax in the case of a company,- rlltsfixl in the case of a domestic· y, -5 (1) where the company i8 a company in which the public are substantially interested,--/ (i) in a case where the 45 per cent of the total income; total income does not exceed 10 rsl,oo,ooo (ii) in a case where the 55 per cent of the total income; total income exceeds rb 1,00,000 (2) where the company is 15 not a company in which the public are substantially interested, -(i) in the case of an industrial company,_ 20 55 per cent of the total income; (a) where the total income does not exceed rs2,oo,ooo 60 per cent of the total income; 25 (b) where the total income exceeds rs 2, 00, 000 (h) in any other case 65 per cent of the total income: provided tbat-{tj the income-tax payable by a domestic company, being a company in which the public are substantially interested, 30 the to-l income of which exceeds re 1,00,000, sball aot exceed the aaregate of-(0) the income-tax which would bave been payable by the company if ita total 1dcome bad been ae 1,00, 000 (the 1ncome of ra 1,00,000 for this purpo heidi oom-3s puted •• 11 lucb tacome included idcome froid y&l'tou sources in the same proportion as the totalldcome of the complllly); and (b) eighty per cent of the amount by which its total idcome exceeds rs 1,00,000; (ii)" the income-tax i • vable by a domestic company, dot 5 heir - a company in whi, tll,be public are substantially inte 'ted, which is an '1 1trial company bdd the total \ 1neon ie i,' which exoeeds i\s 2, 00, 000, shall not exceed the am; , _, of-| | | | | | (a) | \ ||----------|---------------|------------|------------------|------|---------|--------|| in" | | ;ome-tax | which would have | been | payable | by || 10 | | | | | | || the | | | | | | || com~, | | | | | | || i'lf | its | total | income | | | || had | | | | | | || been | rs | | | | | || 2,00,000 | | | | | | || (the | income | of | rs | | | || 2,00,000 | | | | | | || for | | | | | | || this | | | | | | || purpose | beidi | com- | | | | || puted | as | | | | | || if | | | | | | || such | income | included | income | from | various | || sources | | | | | | || in | | | | | | || the | same | proportion | as | the | total | income || the | company); and | | | | | || 15 | | | | | | |(b) eighty per cent of the amount by which its total income exceeds rs 2,00,000 ii in the case of 8 company other than a domestic company,-(i) on so much of the total income 8s consists of-20 25 (a) royalties received from an indian concern in pursuance of an agreement made by it with the indian concern after the 31st day of march, 1961 but before the 1st day of april, 1976, or 30 35 (b) fees for rendering technical services received from an tndian concern in pu rsuance of an agreement made by it with the ldd1an concern after the 29th day of february, 1964 but before the 1st day of april, 1976, 50 per cent ; 40 and where such agreement has, in eithet case, been approved by the central government 70 per cent (ii) on the balance, u any, of the total income swcharat on income-t4%45 the amount of income-tax computed in accordance with the preceding provisions of this paragraph shall be increased by a surcharge calculated at the rate of seven and a half per cent of such income-tax $ ~ i part nrates for deduction of at soutee in cert4in cases in every case in which vfi' the provisions of-~ctions 193, 194: 194a, 194b, 194bb" ) an~5 of the !rne-tax act, 5 tax is to be deducted at tl " ,8 i rce, de, ,in shall be made from the income subject tea:; c~io 'following rates:-orne-tax rate of surchar~e 10 1 in the case of a person other than a company-(a) where the person is res ident in india-10 per cent nil; 15 30 per cent :1 per (,-ent , (i) on income by way of interest other than "interest on securities" (ii) on income by way of winnings from lotteries and crossword puzzlef! 30 per cent 20 3 per cent; (iii) on income by way of winnings from ho!' f, races nil; 10 per cent (ill) on incom~ :i way of insurance oomjyll~8ion nil; 10 per cent 25 (v) on incollit by way of interest payable on -(a) any security other than a tax-free security, of the central or a state government; 30 (b) any debentures or other securities for money issued by or on behalf of any local authority or a oorporation established by a 36 central, state or provincial act; (c) any debentures issued by a company where such de bentures are listed in a 40 recognised stock exchange in india in accordance with the income-tax rate of income-tar rate of surcharge 'i }, securities contracl' a ,'~-lation) act, 1956, 'i ·te~ rules made thereur ~"" 20'per cent 2 per cent; (vi) on any other 1nc~-~' "! - (excluding interest payill~ '''~ , n (' on a tax-free security) :" 10 (b) where the person is not resident in india-(i) on the whole income (excluding interest payable on a tax-free security) income-tax at 30 per cent and surcharge at 3 per cent of the amount of the income, or 15 income-tax and surcharge on income-tax in respect of the income at the rates prescribed in sub-paragraph i of paragraph a of part m of this schedule, 20 if such income had been the total income, whichever is higher; 15 per cent 15 per oent 25 (ii) on income by way of interest payable on a taxfree security 2 in the case of a oompany-(ci) where the company is a domestic company-(i) on income by way of 20 per cent 05 per cedt ; so interest other than "interest on securitie8" 215 per oent 05 per cent; (ti) on any other income (excludiag interest payable on a tax-free security) 35 (b) where the company is dot a domestic compadj-as per cent hi!; (i) on income by "y of divldeqda payjble by lay dome1e company 40 "'co~e~ f ll't una income-tax iii n (9) 01, of rate of e nilj,-tax surcharge , "'" _____________________ w~ ~~~------------nil; ~ , / , 40 pier cent( ~h tb!, -5 (il) on income by way of royalty payable by an indian concern in pursuance of an agreement made by it with the indian concern after the 31st day of march, 1976, 10 where such royalty is in consideration for the transfer of all or any rights (ldcludlng the granting of a licence) in respeot of copyright in any 15 book on a subject referred to in the proviso to sub-section (ia )of section u5a of the income-tax act, to the indian concern 20 (iii) on income by way of royalty lnot being royalty of the nature referred to in bub-item (b) (i}jj payable by an indian concern in 25 pursuance of an agreement made by it with the indlad concern and which has been approved by the central government, -50 per oent 1 25 per cent ; 30 (a) where the agreement ia made after the 31st day of march, 1961 but before the 1st day of aprll 1976 (8) where the agreement 35 18 made after the 31at day of march, 1976-20 per cent nil; 40 (1) on 10 muoh of the amount of suoh ldoome u oonal8ta of lump 8wd oonatderatjon for the transfer , t va,f rate of '"i~x surcharge outfid~ india of, r ~ ':w lmpartingof into'~' outside india in re\in ' of any data docum"jl tlan, drawing or specification relating to any patent, invention model, design secret formula or process, or trade mark or similar property 40 per cent nil; (2) on the balance if any, of such income (ill) on 1dcome by way of fee8 for technical services payable by an indian concern to pursuance of an agreement made by it with the indian concern and which has been approved by the central qovernment-60 per cent 125 per cent; 25 (a) where the agreement is made after the 29th day of february 1984 but before the 1st day of april 19'76 40 per cent nil; 30 (8) where the agreement 18 made after the 318t day of march 1976 '44 per cent ll per cent ; (ii) on income by way of interest payable on a taxfree aecurity (1't) od ad)' other 1dcom e to per cem 1 75 per cent 36 part iiirales for calculating or churgil;~' come-~tll in certain casfs, deducting inceflle-ial from inco",t c/j ie undh the head "sala tes" or cbt)' payment rtferrea to in sil,6f in " (9) of' seclion 80£ an ~ computing 5 10 15 i advanct' lax· ' \"",,'" :11 ~e nil"j \,'" in cases in which income-te,;' 1 ~''''''"'''''';-;'lated under the first proviso to sub-section ( 5~ "- ~~ t i the income-tax , _r cen act or charged under sub-section (4,1ch t 172 or sub-section (2) of section 174 or section 175 or i 1~don (l) of section 176 of the said act or deducted under se~ 192 of the said act from income chargeable under the head "salaries" or deducted under subsection (9) of section 80e of the said act from any payment referred to in the sald sub-sectlon (9) or in which the "advance tax" payable under chapter xvii-c of the said act has to be computed, at the rate or rates in force, such income-tax or, as the case may be, "advance tax" (not being "advance tax" in respect of any income chargeable to tax under chapter xu or section 164 or section 164a or section 167 a of the income-tax act at the rates as specified in that chapter or section), shall be so calculated charged, deducted or computed at the following rate or rates:-20 paragraph a sub-p aragraph iin the case of every individual or hindu undivided fam ily or unregistered firm or other association of persons or body 25 of individuals, whether incorporated or not, or every artiflctal juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act not being a case to whh:h sub-paragraph d of thls paragraph or any other paragraph of this part applies,-30 rates of incojlft-'w (1) where the total income nil; does not exceed ra 15,000 (2) where the total inoome exceeds rs15, 000 hut does dot 36 exceed re 25,000 30 per cent of the amount by which the total ldoome exceeds rs 15, 000; (3) where the total lnoome exceeds r8 25, 000 but doea ddt exceed ra 30,000 rs 3,000 ,'us 34 per cent of the amount by which the total income exoeed r •• 25,000; 5 (4) where the tota11ncome r, 4, 700plu5 40 per ceot,of exceeds rs 80,000 but does njt ~'! amount by which the total exceed rs 50,000 • ,me exceeds rs 30,000; v'" '1 (6) where the totallncolf' e -- -11 :t 700phu 50 per cent exceeds rs 50, 000 but doe r 1_; amount by whjch the not exceed rs70, 000 ~\ _ idcome exceeds ril~ 50,000; (6) where the tot ';in - ,;' rs22,700pjus 55 per cent exceeds rs 70, 000 bu'~ of the amount by which the not exceed rs 1 t 00,000 total income exceeds rs 70,000; 10 ('7) where the total income exceeds rs 1, 00 t 000 rs 39,200 plus 60 per ceut of the amount by which the total income exceeds rs 1 too, 000 the amount of income-tax computed in accordance with the 15 precedjng provisloll8 of this sub-paragraph shall be increased by a surchage for purposes of the union calcwated at the rate of ten per cent of such lncome-tax in the case of every hindu undivided famuy which at any time 20 during the prevloub year bas at least doe member whose total income of the previous year relevant to the assessment year commencing on the 1at day of aprb, 1982 exceeds rs15,ooo, -25 nil; (1) where the total income does not exceed ra 8,000 (2) where the total income exceeds rs 8,000 but does not exceed rs 15,000 22 per cent of the amount by whjch the tota11ncome exceeds r •• 8,000; rs 1,540 plus 27 per oent 30 (3) where the total income exceeds rs 15,000 but does not exceed rs 20,000 of the amount by which the total income exceeds rs1s, 000; (4) where the total income 8eceeds rs 20,000 bjt does dot emceed rs 25,000 rs 2,890 plus 35 per oent of the amount by which the total idoome exceeds ba20, 000; 36 (5) where the to~l ilf\ome exceeds rs 25, 000 bl ~ not exceed rs 30, 0 ' " rs 4,640 phl5 40 per cent of the amount by which the total income exceeds "'" i of income-tax '> rs 25,oooi \ 5 (6) where the k me nii;i p~, (i640 plus 50 per cent exceeds rs 30, 000 ~ ?unt by whlch the exceed rs 50, 000 ~ i /me exceeds ,/ per cent o:t/oooi \lcb th, (7) where the total income ta 10/-8 16,640 plus 60 per cent 10 exceeds rs 60,000 of the amoudt by whlch the total income exceeds rs50,000: provided that for the purposes of this sub-paragraph,-(i) do income-tax shall be payable on a total income not exceeding rs 12, 000; 15 (ti) where the total income exceeds re 12,000 but does not exceed rs 17,610, the income-tax payable thereon shall not exceed forty per cent of the amount by which the total income exceeds rs 12,000 surcharge 4)n incolftt-iax20 the amount of income-tax computed in accordalloe with the preoedldg provisions of this sub-paragraph shall be iaoreued by a surcharge for p,lrposes of the union calculated at the rate of ten per cent of such income~ parclfp'aph b25 in the cue of every co-operative society,-15 per cent of the total bloome; (1) where the total income doe not exceed rs 10,000 (2) where the total income 30 exceeds re 10,000 but doea dot exceed ra 20,000 re 1,500 pbt 25 per oedt of the amoudt by which the total income aceeda ra 10,000; (3) where the total moome aceeda re 20,000 ra 4, 000 pba 40 per cedt of the udoudt by wbkll tile total jdoome aceeu be 20,000 surcharf~ on incorr a '1the amount of fncome-t '/j' ~ ~_:r- ~cordanoe with the precec:ung provisions of thlb ~ , v '1:, 1 be increased by a surcharge for purposes of ~" , '~" i;ed at the rate of ten per cent of suj!b¥·,come " )_: ,,-~, in the case of every regtst?red firm, not being a case to which sub-paragraph n of this paragraph applies,-rates of income-tax 10 (1) where the total income nil; does not exceed rs 10,000 (2) where the total income 5 per cent of the amount by exceeds rs 10,000 but does dot which the total income exceeds exceed rs 25,000 rs 10,000; 15 (3) where the total income rs 750 pills 7 per cent of exceeds rs 25, 000 but does not the amount by which the total exceed rs 50,000 income exceeds rs 25, 000; 20 (4) where the total income rs 2,500 pills 15 per cent exceeds rs 50,000 but does dot of the amount by which the exceed rs 1,00,000 total income exceeds rs 50,000; 25 (5) where the total income ra 10,000 plus 24 per cent exceeds rs 1,00,000 of the amount by which the total incom e exceeds rs 1,00,000 surdlar~t on incoptle-taxthe amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall be increased by a surcharre for purposes of the union calculated at die rate 30 of ten per cent of such income-tax sub-paradraph iiin the case of every registered firm whose total income includes income derived from a profession carried on by it and the income 80 included is not less than fifty-one per cent of reh tota11ncome,- rates of incom,-talnil; (1) where the total income does not exceed rs 10,000 5 (2) where the total income exceeds rs 10,000 but does not exceed rs 25, 000 4 per cent of the amount by which the total income exceeds rs 10,000; (3) where the total income 10 exceeds rs 26,000 but does not exceed rs 50,000 rs 600 plus 7 per cent of the amount by w hioh the total income exceeds re 25,000; (4) where the total income exceeds rs 50,000 but does not exceed re 1,00,000 15 re 2,350 plus 13 per cent of the amount by which the total income exceeds rs 50,000; (5) where the totallncom~ exceeds re i, 00, 000 rs 8,850 plus 22 per cent of the amount by which the tota1income exceeds re 1,00,000 20 surcharge on jncom,~rarthe amount of 1ncome-tax computed in accordanoe with the preceding provisions of this sub-paragraph shall be increased by a suroharge for purposes of the union calculated at the rate of ten per cent of inch income-tax 25 eqlgft4twn -for the purposes of this paragraph, "registered firm" 1dc1udes an unregistered firm &ssessed as a registered firm udder clause (b) of section 183 of the income-tax act parqraph 0in the case of every local authority,-rate of incolltca 30 50 per cent on the whole of the total income saach,t on illcoiiit-tathe amount of income-tax computed at the rate hereinbefore apecuied a11 _ idcreued by a s1ll'obarge for purpoml of the 8& us oaloulated at t:m rate often per cent ~ luoh 1doome-tu in !he case of a company- rates of incolle-tcil i in the case of a domestic company-5 (1) where the company is a company in which the pubuc are substantially mterested-45 per ~ent of the total income; 10 (i) in a case where the total income does not exceed re 100000 (ii) in a case where the total 55 per centof the total income; income exceeds rs 100000 (2) where the company 18 not a company in which the public are substantially intereated -15 (i) in the cale of an idduitr1a1 company,-(a) where the total 55 per cent of the total income; inoome does not exceed rs 2, 00, 000 20 (b) where the total 60 per oent of the total income; income exceeds ra 2,00,000 (ii) in any other cue 66 per oat of the total income: provided that -(i) the income-tax p&jable by domestic company, being a 25 company in which the public are 1iubstadtia11y tnterend, the total income of wblch exceeda rs 1,00, ooo,ha11 dot exoeed the aggregate of -(a) the inoome-tax which would have been pqabje by the company if it total idoome had been rs 1,00,000 (the income ,ao of a 1, 00, 000 for tb1a pw'p08e being oomputed u if such bloome 1bchlded tdcome from various sources ill tbe same proport1od tbe total iiloome of tbe oompany); add (b) eighty per cent of the amount by which its total income exceeds rs 100,000; (u) the income-tax parable by a domeet1c company, not beidg a oompany in which the public are subatadttally interested, which 5 18 an ind1l8trial company and the total income 01 which exceeds re 2, 00, 000, shall not exceed the aggregate of-(a) the income-tax which would have been payable by the company if ita total income had been rs 2, 00, 000 (the income do rs 2, 00, 000 for thi8 purpose beidg computed as 11 81ich 10 income included income from various sources in the aame proportion as the total income of the company); and (b) eigbty per cent of the amount by which its totalidoome exoeeda rs 2, 00,000 a in the case of a oompany other than a domestlc compay,-15 (i) cd 80 much of the total income as ccilslsts of-(a) royalties reoelved from an indlan ccllcern in pursuanoe of an agreement made by 20 it with the indian ooacem after the 31st dav of march, 1961 but before the 1st day of april, 1978, or ("> fees for rendering teclllical 25 services received frca ad idd1an conoern in pursuuoe of an agreement made by it with the indian ooncern after the 29th dq 01 febnull'y, 1964 but baton the 1st 30 day of apru, 19'76, 60 per cent ; and where 8uch ent hut in either case been tpproved by the central oove~ 70 per cent (u) on the balud8, if 8d,j, 15 of the totaltdoome the 8luount of income-tax computed in accordance with the preceding provlsiclds of this paragraph shall be increueci by a surcharge calculated at the rate ~ two and a half per cent of such income -tax 5 part iv [sui section 2(7)(ed rules roa computation of net agllajl11j1al incomerille i -agrlcultural lncome of the nature referred to in sub-clause (a) of clause (1) of sectlon 2 of the income-tax act 10 shall be computed as if lt were income chargeable to income-tax under that act under the bead ''income from other sources" add the provisiclds of sec~ 57 to 59 of that act shall, 80 far as may be, apply acoordingly: provided that sub-section (2) of sectlon 58 shall apply subject 1& to the modificatlon that the reference to sectlon 40a therein 8hall be construed as not including a reference to aub-sectlclll8 (3) iidd ( 4) of section 40a rill e 2 -agricultural income of the nature referred to in sub-clause (b) or sub-clause (e) of clause (1) of section 2 of the 20 income-tax act [other than income derived from any buudlng required as a dwelling house by the receiver of the rent or revenue or the cultivator or the receiver of rent-ln-kind referred to in the said bubo-clause (evsball be computed u if it were income chargeable to income-tax under that act udder the head "profits 26 and gaids of bustnes8 or profe8slon" and the provlslons of sections 30,31,32,34,36,37 ,38,40,4oa [other thad subsections (3) and (4) thereoij, 41, 43 and 43a of the income-tax act shall, so far as may be, applyaccordldgly rule 3 - agricultural income of tbe nature referred to in 30 sub-clause (e) of clause (1) of section 2 of the income-tax act, being income derived from any buudlng required as a dwelltnc house by the receiver of the rent or revenue or the cultivator or the receiver of rent-in-kind referred to in the id subclause (c) shall be computed as if it were income cbarpable to income-tax udder that act udder the head "income from bouse property" and the provisions of sectlons 23 to 2'1 01 that act sball so far as may be, apply accordlngly: provided that sub- section (2) of the said section 23 shall apply subject to the modifications that the references to "total ldcome" therein shall be construed as references to net agricultural income and that the words, figures and letter "and before mak-s iug any deduction under chapter vi a" shall be omitted rule 4 - notwtthstandlng anything contained in any other provisions of these rules, in a case where the assessee derives income from sale of tea grown and manufactured by him tn india, such hlcome shall be computed tn accordance with rule 10 8 of the income-tax rules, 1962, and sixty per cent of such income shall be regarded as the agricultural income of the assessee ride 5 -where the assessee is a partner of a registered firm or an unregistered firm assessed as a registered firm 15 under clause (b) of section 183 of the income-tax act, which in the previous year has any agricultural income, or is a partner of an unregistered firm which has not been assessed as a registered firm under clause (b) of the said section 183 and which tn the previous year has either no income charge-20 able to tax under the income-ta" act or has total income not exceeding the maximum amount not chargeable to tax in the case of an unregistered firm but has any agricultural income, then, the agricultural income or loss of the firm shall be ccmputed in accordance with these rules and his share in the 2s agricultural income or loss of the firm shall be computed in the manner laid down in sub-sectlon (i), sub- section (2) and sub-section (3) of section 67 of the income-tax i\ct and the s hare so computed shall be regarded as the agricultural income or loss of the assessee 30 rule 6 -where the assessee is a member of an association of persons or a body of individuals (other than a hindu undivided famuy a 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 charge-35 able to tax in the case of an association of persons or a body of individuals (other than a hindu undivided family a company or 1\ firm) but has any agricultural 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 40 assessee in the agricultural income or loss 80 computed shall be regarded as the agricultural income or loss of the assessee rule 7 -where the result of the computation for the previous year ld respect of any 80urce of agricultural ldcome 18 a 1088, such los8 shall be set off against the ldcome of the 888e81ee, if any, for that previous year from any other source of qrlcultural idcome: provided that where the usess88 is a partner 01 ad unregistered firm which has not been as8essed u a registered flrm under clau8e (b) of section 183 of the income-tax act or 18 a member of ad usociation 01 persona or a body of lddlvlduals and the share of the asse8888 ld the acricultural idcome of the firm, usociatlon or body, as the cue may be, ts a loss, such loss shall not be set oif agaldat any idcome of the assessee from any other source of ap"lcultural idcome rid e 8 -any bum payable by the asse8see od acooudt of any tax levled by the state govermnedt on the ii!'lcultural ldoome shall be deducted ld computing the agrlcultural ldoame rule 9 - - (1) where the asaesbee baa, in the prevloua ,ear relevant to the asse88ment year oommenclng on the 1st day of april, 1981, any agricultural income and the del result of the oomputatioll of the agricultural income of the aaeuee for anyone or more of the previous years relevant to the asses8ment years oommencidg od the 18t day of april, 1974 or the 18t day of april, 1976 or the 1st day of aprll, 1976 or the 1st day of aprtl, 1177 or the'lat day of april, 1978 or the 1st day of april, 1979 or the 1t day of april, 1980, 1s a loss, then, for the purposes of sub-section (2) of section 2 of this act,-(i) the 10sa 80 computed for the prevlou8 year relev to the assessment year oommencldg on the 1at day of aprtl, 1174, to the extent, if any such loa has not been 8et off ap1n8t the apicultural income for the previous year relevant to the ueesament year commencldg on the 1st day of aprll, 1975 or the 1st day of aprll, 1976 or the 1at day of april, 197'1 or tbe 1st day of april,1978 or the 1st day of april, 1979 or the 1st day of april, 1980, (ii) the loss 80 computed for the prencal year re1evaat to ~ the aaslmedt year commenoldloil the 18t day of april, it'll, to the exte1lt, if any, mob lou baa nat been t oif aaat-t 1m apicultural income for the prevtoui year relevant to the usllllledt year commencing 011 the lilt day of april, 1978 or tile lat day of april, 1877 or the 1st day of april, 1978 or the lit day of april, 1979 or the let day of april, 1980, (iii) the 1088 80 computed for the previou8 year reievaat to the &88e8811ledt year oomid8ilcing on the 1st clay of april, 1976, to the extent, if any, liuch 10811 ba8 not been 8et off aplnst the agrioulturalinoome for the previous year relevant to the as8es8ment year oommencing on the 18t day of april, 1977 or the 1st day of april, 1978 or the 1st day of april, 1979 or the 1st day of april, 1980, (hi) the 10811 so computed for the previous year relevant to the a8se8sment year commencing on the 1st day of april, 10 1977, to the extent, if any such loss hal not been set off aplnat the agricultural income for the previoull year rei want to the ae88ment year commencing on the lat day of april 1978 or the 1st day of april, 1979 or the 1st day of april, 1980, 15 (11) the lolls 80 computed for the previous year relevant to the b1lellment year commencing on the 1st day of april 1978, to the extent if any such lois bas not been set off aplnat the agricultural lnoome for the prevlou8 year relevant to the s lment year commenclng on the 1st day 10 of april, 1979 or the 18t day of april, 1980, (11') the losl 110 computed for the previous year relevant to the asaesament year commencing on the 1st day of april 1979, to the extent, if any such 1088 ha8 not been set off aplnst the agricultural income for the previous year 26 relevant to the asaeslment year commencing on the 1st day of april, 1980 and (&iii) the loss 80 computed for the previous year relevant to the seesment year commenclng on the 1st day of april 1980, 30 shall be set off against the agricultural income of the assessee for the previous year relevant to the as8e8sment year commencing on the 1st day of april 1981 • (2\ where the assessee has, in the previous year relevant to the a8hs8ment year commencing on the 18t day of april 36 1982 or if by virtue of any provision of the income-tax act income-tax ill 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 oomputation of the agricultural income of the assessee for anyone or more 40 of the previous years relevant to the assessment years commencing on the 1st day of april 1974 or the 1st day of april 1975 or the 18t day of april 1976 or the 1st day of april 1977 or the 1st day of april, 19'18 or the 1st day of april 1979 or the 1st day of april 1980 or the 1st day of 45 april 1981, is a loss, then for the purposes of sub-eectlon (6) of section 2 of this act,-5 (i) the loss so computed for the previws year relevbdt to the assessment year commencing on the 1st day of april, 1974, to the extent, if any, such 1088 bas not been set off against the agricultural income for the previoul year relevant to the asselsment year commencing on the 1st day of april, 1975 or the 1st day of april, 1976 or the lit day of april, 1977 or the 1st day of april, 1978 or the 1st day of april, 1979 or the 1st day of april, 1980 or the 1st day of april, 1981, (tt) the loss so computed for the previous year relevant 10 to the assessment year commencing on the 1st day of apru , 1975, to the extent, if any, such loss bas not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 18t day of april, 1976 or the 1st day of apru, 1977 or the 1st day 15 of april, 1978 or the 1st day of april, 1979 or the 1st day of april, 1980 or the 1st day of april, 1981, (iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1976, to the extent, if any, such loss has not been set off 20 against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 1977 or the 1st day of april, 1978 or the 1st day of april, 1979 or the 1st day of april, 1980 or the 1st day of april, 1981, 25 (ill) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1977, to the extent, if any, such loss has not been set off against the agricultural income for the previws year relevant to the assessment year commencing on the 1st day 30 of april, 1978 or the 1st day of april, 1979 or the 1st day of april, 1980 or the 1st day of april, 1981, (v) the 108s so computed for the previws year relevant to the assessment year commencing on the 1st day of april, 1978, to the extent, if any such loss has not been set off 35 against the agricultural income for the previws year relevant to the assessment year commencing on the 1st day of april, 1979 or the let day of april, 1980 or the 1st day of april, 1981, (vi) the 108s so computed for the previous year relevant 40 to the assessment year commencing on the 1st day of ~pril, 1979, 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 1st day of april, 1980 or the 1st day of april, 1981, 5 l(iii') the loss 80 computed for the previous year relevant to the assessment year commencing on the 1st day of april , 1980, to the extent, if any, such loss has not been set off against the agrlculturalinoome for the previous year relevant to ijle assessment year commencing on the 1st day of april, 1981, and (viii) the loss so computed for the previous year 10 relevant to the assessment year commencing on the 1st day of april, 1981, shall be set off against the agricultural income of the assessee for the previous'year relevant to the assessment year commenctng on the 1st day of april, 1982, or the period aforesaid 15 20 (3) where a change has occurred in the constitution of a firm, nothing in sub-rule (1) or sub-rule (2) shall entitle the firm to set off so much of the loss proportionate to the share of a retired or deceased partner computed in the manner laid down in sub-section (1), sub-section (2) and sub-section (3) of section 67 of the income-tax act as exceeds his share of profits, if any, of 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 25 (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 (i) or sub-rule (2) shall entitle any person, other than the person incurring the loss, to have it set off under sub-rule (1) or, as the case may be, sub-rule (2\ 30 20 of 1974 35 25 of 1975 66 of 1976 29 of 1977 19 of 19780 21 of 1979 44 of 1980 40 (5) notwithstanding anything contained in this rule, no loss which has not been determined by the income-tax officer under the provlsions of these rules or the rules contained in part iv of the first schedule to the finance act, 1974, or of the first schedule to the finance act, 1975, or of the first sohedule to the finanoe aot, 1976, or of the first schedule to the finance (no2) act, 1977, or of the schedule to the finance act, 1978, or of the fil"st schedule to the finance act, 1979, or of the first schedule to the finance (no2) act, 1980, shall be set off under sub-ruler 1) or, as the case may be, sub -rule (2) rule 10 -where the net ruult of the oomputauod made 10 aocorduoe with thee rule 1 a loa, tbe 1088 80 oomputed ball be lpored and the net aartcu1tura1looome ball be deemed to be iii •• ride 11 -the proviatou of the inoome-tax aot 6 relating to procedure for assessment (inc1udin, the proviaiodb of section 28m relating to rouddidi off of income) shall, with the dbcesaary modiflcattona, apply in relation to the computation of the net agricultural inoome of the assessee as they apply in relation to the ament 10 of tile total inoome rnie 12 -for tile purpose of oomputldj the net agricul1uralincome of the eee the moome-tu officer hall bave the lalde powers be baa udder the income-tu aot for the purpo •• of amellt of the total idoade 15 (see section 48)5 h_~ sub-h_dlng no rat of duty naratlod wh_ idi no and deacrlpttoll 8taddard preferenrates of duty of article tial areu are proteottve :,(1,:) ___ j,(2;&) ___ (3l ___ a;(4;1) __ --1(5::t) __ in the first schedule to the customs tu'uf act,-(f) for headlag no73115, the followldg headtdg shall be lubatttuted, daiilely:-10 "7316 alloy steel add jdab ou'bon bteel in the forms meattonec1 in headldgs nos 73 08/07 to 7314: 15 (l) not elsewhere specified eocj, 20 (2) colls for rar01l1ng, bars (including bright bars), wire rods, strips, sheets and plates,of stainless steel 300% " , (ii) for heading no 8463, the following heading shall be substituted, namely:-25 "8463 30 transmission shafts, crankb, bearing housings, plain shaft bearings, gears and gearing (including friction gears and gear-boxes and other variable speed gears), fly-wbeels, pulleys and pulley bloob, clutches and shaft coupungs: 35 (1) not elsewhere specified 60% - (2) plain shaft bearldgi, with or wtthout bearldg houlldgs 100% " deacrlpttoll of aooda rata of duty ltam no· (1) (3) (2) 5 in the i'1rst scbeclule to the central exei •• aot -(i) in item no 15a, for eqlangtioll 11 the ,uowidc ezplgnitioll sball be substituted, name1y:-10 "uplallltioll n - this item does not inclu:le, -(i) polyester ftlms; 15 (b) electrica1inaulatora or electrical inaulatidg fittings or parts of suob inswators or inaulatlng flttidga "; (ii) after item no 1sb, the following item sball be inserted, name1y:-"lsbb polyester films i'1fty per cent - 11110', "; 20 (iii) for item no 16, the fouow1dg item aball be substltuted, namely:- '16 tyres -| "tyre" | means ||-------------------|-----------|| a | || piewnatic | tyre || the | || manufaoture | of || whicb | rubber || used | || and | || lncbdes | || the | || inner | || tube, | || the | || tyre | || flap | || and | || the | || outer | cover || such | || a | || tyre: | || 30 | || sixty | || pe | || r | || o8ilt | || _ii' | • || 1,(1) | || tyres | || i>r | || motor | || 'vehicle; | || and | || tyres | || i>r | || 'vehicles | || or | || equipment | •• || designed | || for | || use off the road | || (2) | || tyres | || for | tractors, || jdclud1ng | || agricultural | || tractors | || sixty | || per | cent || od | || 11110' | •• || (3) | || tyres | || i>r | trailers, || sixty | || per | || cedt | || ad | || ii" | || description | of | goods ||-----------------|--------------|-----------|| bate | of | || duty | | || item | | || no | | || (1) | | || (2) | | || (3) | | || u | | || tyres | for | cycles || add | | || cycle- | | || 6 | | || rtck8baws - | | || (1) | | || tyres | | || sixty | | || paise | pe r | || tyre | or | || flfteed | | || per | | || cent | | || m | | || ,10 | | || r,wb1ob- | | || i,ver | | || 18 | | || 1dgber | | || 10 | | || (2) | | || tubes | | || tbiiv | | || pa1be | | || pe | | || r | | || tube | or | flfteeo || per | | || cent | | || ad | | || 118io,--wbicb- | | || ever | | || 1s | | || 1dgber | | || 16 | | || m | | || all | | || other | | || livre | •• | || twenty-five | per | || osnt | | || ad | | || liglor | | || espl | | || atioli | | || l - | | || "motor | vebiclea" | me,llll || all | meobadloally | propelled || 20 | | || than | tractors, | deatgned || upod | | || roads | | |eql tif h - - ''motor vehicles",-"tractors, lnuludlug agricultural tractors" and ''trailers'' shall include a cbasata, but aball not inolude a vehlcle nlddldg upoll 25 fixed rails '; ('") for item no 16m, tbe following item ball be subat1tuted, damely:-16aa synthetic rubber, including ted per cent synthetic rubber latex and - ,110" 30 file-vulcanised synthetic rubber latex eqllljjgtioll - - in this item, the ex· ):1reesion "syntbeuc nmber" is to be takl'p to apply to: 85 (ii) udsaturated syntheuc substanoss which can be irreversibly transjbrmed intd dod -tbermoplasuc substances by vulcan1sation with sulphur and wblch, when so vuloaniaed as wen as may be (without the addiuon of any substances such as plasticisers, flllers or reinforcing agents not necessary for the item no deecrlptka 01 aoods bate of chd;y (1) (2) (3) 10 unklnc) cad prodace !labltl""" w1do1l,at a temperature betweed iso mad - c, will not break oil be1dg exteadecl to three itme their oj1ginalleagtb ad w11l retarn, after be1dg extended to t,lce their orlgidallenath, 'wlt1dd a period of the mmu to a ledgtb not greater thin ode-ud-a-balf times their orig1dallqtb 16 sucb substidees mclude c18-polytsoprene (lr) polybutadjene (bb), polycblorobatad1ene (cd), polybutadieustyrene (sbr), poly oblorobutadledeacrylonltrlle (ncr), polyllltadleoeacryloditrile (nbr) and iiltyl rubber (dr); (b) tbtoplasta °(tm); add 20 26 30 (,) natural rubber moci1fied by graftjng or m1xidg with artificial plutic material de-polymerlsed natural rubber iud mixtures of udsaturated synthetic substances with saturated synthetic bjcb polymers, provided that all the above-mentianed products oomply with the 'requirementa ooneemmg vuloan1satioll, eloapucil add reccnery in (0) abow '; (ii) ill item no 26a-(a) after sub-item (1&) tha followinc sub-item sball be inserted, name]y:-n(lb) waste·and scrap fi'98 tbou8lldd 36 stx h1md red rupees per metric todde "; 40 (b) for sub-item (3) the louowq sub1tema sbad be ubaututed, nameb':-"(3) pipes and tubes, excl1llinl tw8llty~ bt per shella add blanks, therefor cent a4 ,_ item de8criptiod of goods rate of duty no {i} {2} '3} (4) sheu and blanks for plpes twenty-etgbt 6 and tubes per cedt 1m"''''; (c, the eqlfllltltidii 8ball be dum bared as explcllgtion 1, and after the eqlanation as 80 num-10 be red , the a,uowlng erpjgnatift 8hall be 1daerted, lwdely:-, elplmglichi il - "waste and scrap" ides wate add scrap of copper fit 0dly tor tba recovery of 15 metal or tor u88 jd the manufacture of chemicala, but does not include 8111, d1"088, sca1mgs, asb iild other cuprou8 relddues '; (an) iii item no zed,-20 (a) for sub-item (i), the following 8ub-items shall be substituted, luudely:-~ "(i) unwrqbt jdc1uding ingots, two tbou8&dd cakas, bars, blooks bard or 80ft six buad red iild slab8, bwets plates, catbodes, twenty-the rupees modes, pellets, pelter iild per metrlo toad_ broked me (18) wuta ad scrap 30 twotbouadd a1x lmadred and twedty !be rupees pel metric tddde "; (b> after sub-item (2), the follow-idi sub-item sball be tuertecl, ume\y:-pour tbounad 1madrecl rapeea per metria "-- n _ , | bate | of | duty ||----------------------|-------------|-----------|| description | of | || goods | | || item | | || no | | || (1) | | || (2) | | || ca) | | || (c) the | | || erpi6 | | || shall | | || be | | || num- | | || bered | | || eqjuacion | | || 1, | and | after || the | | || e"i | | as || 80 | | || numbered, | | || the | | || fouow[qerplgllclcion | shall | || be | | || inserted, | | || name)y:- | | || 10 | | || '··elpllllcltidfll~ | | || - | | || "waste | add | || scrap" | meuls | || waste | ad | sorap || of | | || zinc | | || fit | | || oaly | | || for | | || the | | || recovery | | || of | | || metal | | || or | | || for | use | || in | | || the | | || mqu- | | || facture | | || of chemicals | | || and | | || include | | || dross | | || add | | || asb | | || 't | | || (uti) | | || m | | || item | no | || rt,- | | || 15 | | || (a) | after | || sub-item | | || (a), | | || the | | || follow- | | || ing | | || sub-item | | || sball | | || be | | || idberted, | | || name}y:- | | || "(aa) | | || waste | add | scrap || 20 | | || fifty | | || per | cent - | || | liedo, | || plus | | || two thousand | | || rupees | per | metric || tonne "; | | || 25 | | || (b) | | || after | | || erplanation | | || n, | | || the | | || follow- | | || ing | | || el'pllllcltioft | | || shall | be | inserted, || name)y:- | | || 30 | | || i | | || etplgllation | iii | || ~ | | || - | | || "waste | | || and | | || scrap" | means waste | || 8dd | | || scrap | of | || aluminium | | || ftt | | || cdly | | || for | | || the | | || reoo- | | || very | of | metal || or | | || j)r | | || use | in the | || manufacture | | || of | chemicals, | || but | | || does not 1jlclule | | || sludge, | dross, | || soa11ngs, | skimmings, | || ash | | || and | | || other | | || residues | '; | || 35 | | || (iiiu) | | || for | item | no || 2'1 | | || a, | | || the | | || follow- | | || ing | | || item | sball | || be | | || substituted, | | || namely:- | | | 'zta lead-(1) unwl'ought, 1jlc11liidg idgots, pigs, blocks, anodes, slabs, cakes and cast sticks five hundred rupees per metric tonne rate of duty item no descript10d of goods (3) , (2) (2) waste and scrap 5 five hundred j:ul)8es per metric fdqd8 eji)icdlcltion f - ''lead'' sball include 8dy alloy m whioh lead predomidates by weight over each of the other metal8 10 erplcdigtion ii: - ''waste and scrap" means waste and scrap of lead ftt only for the recovery of metal or for use ij:dbe manufacture of chemicals but does not mobile slag uh and other 16 residues '; (ix) in item no 3'7, \ilder ''llexpolled-'', in the hoodd column, for the entry" (i) newsreels add sharte dot exceeding 600 metres", the try "'(i) news-reel ad borte dot 10 exceeding 600 iutres" shall be eubatlt:uted: id the 1led1cldal add toilet preparatiooa (excim datiea) act 1955, for the sohedule, the follolrlq sohedale ahall be 8ubetttuted, lwdely:-5 i the schedule (see aection 3)item no rate of duty 10 description of dutiable e ",eii"a'" prep 1 allopawc medicinal preparatiod:-(i) medicinal preparatloo codtalning alcohol which are not capable of betnc coditumed aa ordiaary alcohollc beverqe-15 (a) patem or proprietary medicines twenty per cent "" wur or rupees alx add sixty pal per litre of pure alcohol coiltedt, whicbe¥er 20 la hlper (b) others rope six and lixty pal per lltre of pure alcohol codtent 25 (ii) medicinal preparatloos contalnlng alcohol whlch are capable of belne consumed al ordlaary alcoholle beveragel-30 (g) medicinal preparatlool which cootain known acuve idii'edients in therapeutic quantltles 35 twenty per cent a4 liaid,aa or rupees thirteen and twenty paise per litre of p':'1"e alcohol coi:lteat, whichever 1 hl r item description of rate of n~ dutlable sood8 duty 0 () othera twenty per c_a -, or rupees 5 fifty-two add eighty pai88 per litre of pure alcohol content, whichever ia higher (ui) medicid8l preparatlon8 twenty per cent 10 not conta1nldl aloobol but lui iigii)', 00dta1nidl narcotic drug or naroouc 2 med10ldal preparauon8 in ayurvedic, unani or other iiuudou8 ay8tem8 of 15 medicine -tf) medlcid8l preparation8 ni~ ooiltalding self-generated alcohol which are not capable of beln, oonaumed as ordinary alcoholic 20 beverages (if) medicinal preparati0ll8 rupee one and containing self-generated alcohol sevent~ve paie which are capable of balng per litre of pure coil8wqed a8 ordinary alcoholic aloohol oolltent 25 beverage8 (m) all otber containing alcohol rupee8 fiftytwo add which are prepared by distillation eighty pal8e per or to which alcohol ba8 been added lltre of pure alcohol content (tv) medicinal prepmluoili not twenty per cent 30 containing alcohol but ouatalnid, ad ,,110,- narcotic dru, or uarcotic 3 bomoeopatblc preparatioll8 rupees thhteen and oontajalng alcohol twenty pal8e per litre of pure alcohol coiltent tond preplndolrs 4 toilet preparatl0ll8 ccllltaining sixty per clat - alcobol or narcotic druc or "r, orru urootio tblrteea add tweuty pal_ per litre of pure alcohol colltedt, whlohever ia b1per explanation r, - "patent or proprietary medicines" meads any medicinal preparation which bears either on itaelf or on its contailler or both, a name which ia not apeclfled in a monograph iil·a pharmacopoeia, formulary or other pubu-cations notified in thia behalf by the central gcwernment in 5 the official gazette, or which is a brand name, that ia, a name a registered trade-mark under the trade and merchandise marks aot, 1968 or any other mark such as a 43 of 1958 aymbol, monogram, label, aignature or invented words or any wrttillg which is used in relation to that medicinal 10 preparation for the purpose of indicating or so as to indicate a connection in the course of trade between the preparation and some person having the right either as proprietor or otherwise to use the name or mark with or without any indication of the identity of that persod 15 eip'''litidn ii - - where any article [s chargeable with duty at a rate dependent on the value of the article, such value shall be deemed to be the value as determined in accordance with the provisions of section 4 of the central excises and salt act, 1944 20 1 gf 194-4 :'eip'clllouon ill -for the purposes of this schedule, "pure alcohol content", in relation to ~ preparation, means the ethyl alcohol content in the preplration expressed as ethyl alcohol of 100% by volume at 15°c ' statement of objects and reasonsthe object of the bul is to give effect to the financial proposals of the central government for the financial year 1981-82 the notes on clauses explain the various provisions contained in the blll new delhi; the 28th february, 1981 r venkataraman president's recommendation under articles 117 and 274 of the constitution of india(copy of letter no f3(1)-b(d)/81 dated the 28th february, 1981 from shri r venkataraman, minister of finance, to the se~retary, !ok sabh~ 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, 1981 to the lok sabha 2 the bill will be introduced in the !ok sabha immediately after the presentatlon of the budget on the 28th february 1981 clauee 2,read with the first schedule to the bul, seeks to prescribe the rates at which income·tax (including surcharge thereon) is to be levied on income chargeable to tax for the assessment year 1981-82, further, it lays down the rates at wblch tax is to be deducted at souroe during the financial year 1981-82 from incomes subject to such deduction under the income-tax act; and the rates at which "advanoe tax" is to be paid and tax is to be calculated and charged in special cases for the flnancw year 1981-82 rates of inoome-tax for the assessment year 1981-82 -part i of the first schedule to the bill specifies the rates of income-tax oncluding surcharge) on incomes uable to tax for the assessment year 1981-82 these rates are the same as those speclfled in part m of the first schedule to the finance (no2) act, 1980 for the purpose of deduotion of tax at source from "salaries" and for computation of "advance tax" payable during the financial year 1980-81 rates for deduction of tax at source during the flnancw year 1981-82 from incomes other than "salarles'~ -part n of the first schedule to the bill specifies the rates at which income-tax oncluding surcharge where applicable) is to be deducted at souroe during the financial year 1981-82 from incomes other than "salartes" and retirement annuities under section 80e (9) of the income-tax act the rates speclfled in this part for deduction of tax at souroe are the same as those specified in part n of the first schedule to the finance (no2) act, 1980 for the purposes of deduction of tax at source during the financial year 1980-81, except for certain modifioations as regards the deduotion of inoome-tax at source from interest on securities, in the case of income by way of interest on securities issued by the central or a state government (not being a tax-free security) or interest on debentures or other securities issued by or on behalf of a local authority or a statutory corporation or interest on debentures issued by companies where such debentures are listed in a recognised stock exchange in india, income-tax wm be deducted at the rate of 10 per cent,as in the financial year 1980-81 in the case of income by way of interest on other securities (not being interest on a taxfree security) or dividends payable to a resident recipient (other than a company) during the financial year 1981-82, tax will be deductible at the rate of 22 per cent (made up of basic income-tax of 20 per cent and surcharge of 2 per cent) as against 23 per oent during 1980-81 in the case of income by way of interest other than 'loterest on securities" payable to a domestic company during the f1nanclal year 1981-82, tax will be deductible at the rate of 205 per cent (made up of income-tax of 20 per oentand surcharge of 05 per cent) as against 215 per centin 1980-81 in the case of any other income (excluding intete8t payable on a tax-free security) payable to a domestic company during the f1dadcial year 1981-82, tax will be deductible at the rate of 22 per cant (made up of income-tax of 21 5 per cent and surcharge of o 5 per cent) as against 23 per cent in 1980-81 in the case of income by way of royalty payable to a foreign company by an indian concern in pursuance of an agreement made before 1st apru, 1976, tax will be deductible at the rate of 5125 per cent (made up of basic income-tax of 50 per (lent and surcharge of 125 per cenu as agalnat 5375 per cant,in 1980-81 in the cae of incomes by way of fees for technical services payable to a foreign oompany by an indian concern in pursuance of an agreement made before the 1st april 1976, tax will be deductible at the rate of 6125 per cent (made up of basic income-tax of 50 per centand surcharge of 125 per cent) as against 53,75 per centin 19so-s1 in the case of income by way of interest payable on a tax-free security to a foreign company, tax will be deductible at the rate of 451 per cent(made up ofbas1c income-tax of 44 per oentrmd surcharge of 11 per oent) as against 473 per centin 1980-s1 in the case of any other income payable to a foreign company (excluding income by way of royalty or teclmical service fees payable under agreements made after 31st march, 1976), tax will be deductible at the rate of 7175 per cent (made up of basic incometax of 70 per cent and surcharge of 175 per cent) as against 7525 per cent in 19s0-81 the rates specified in this part for deduction of tax at source in all other cases are the same as those specified in part ii of the first schedule to the finance (no2) act, 1980, for the purposes of deduction of tax at source during the financial year 19s0-81 rate8 for deduction of tax at source from "salaries" and retirement annuities, or computation of "advance tax" and charging of income-tax in special ca8es during the flnanc1al year 1981-82- part m of the fir8t schedule to the blll specifies the rates at which income-tax (including surcharge) is to be deducted at source from "sall·ies" and retirement annuities referred to in section 80e (9) of the income-tax act, and also the rates at which "advance tax" is to be paid and income-tax 18 to be calculated or charged in special cases for the financial year 1981-82 these rates are the same as those specified in part i of the first schedule to the blll for the assessment of incomes liable to tax for the assessment year 1981-82, except for the modification that in the case of individuals unspecified hindu undivided families, unregistered firm!! etc, the nil rate slab has been raised to re15, 000, the rate of income-tax for the slab of income of rs15, 001 to rs25 000, will be 30 per cent as against 18 per cent for the slab of rs15, 001 to re 20000 and 25 per cent for the slab of rs 20 001 to rs 25, 000 at present and the rate of income-tax for the slab of rs25, 001 to rs 30, 000 will be 34 per centas against 30 per centhitherto for the rest of the slabs of income,there is no change in the rates of income-tax the provislon8 in the bill for the purposes of computatlon of "advance tax" and charglng of income-tax in special cases during the financial year 1981-82 in the case of individuals, unspecified mndu undivided famllles, unregistered firms, etc, having net agricultural lncome in addition to non-agricultural income exceeding rs 15,000, are the same as in the finance (no2) act 1980, except for the following modlflcatlms:-~) in determlnlng the inoome-tax on net agricultural income, the net agricultural iucolde will be increased by a sum of rs 15 000 instead of re 8, 000 at present 'i) tbe restriction of the income-tax to 60 per centof the total income in excess of the exemption limit w1ll no longer be appllcable however, in the case of hindu undivided fam1l1es having at least one member with independent totallncome exoeeding the exemption limit, the existing provisions of aggregation of net agrlculturallncome with non-agrtculturalincome have been retained without any change in the case of companies, the rates of income-tax specified in paragraph e of part m of the firat schedule to the blll are the same as those speci4ed in paragraph e of part i of the first schedule to the bul exoept for the modification that the rate of surcharge on inoome-tall in the oase of companies is proposed to be reduced from 75 per oent to 25 per oent, of suoh income-tax clause 3 seeks to insert a new section loa in the income-tax act relating to special provision in respect of income from newly established lndustrial undertakings in free trade zones sub-section (1) of new section loa seeks to provide that any profits and gains derived by an assessee from an industrial undertaking to which the section applies will not be included in the total income of the assessee sub-section (2) of new section loa provides that this section will apply to an industrial undertaking which fulfils certain conditions, namely, that it begins to manufacture or produce articles or things during the previous year relevant to the assessment year 1981-82 or any subsequent assessment year in any free trade zone; it is not formed by the splitting up, or the reconstruction, of a business already in existence; and it is not formed by the transfer to a new business of mac~ery or plant previously used for any purpose for the purposes of this section, reconditioned imported machinery or plant wlll be regarded as new further, where the total value of the machinery or plant transferred to the new business does not exceed 20 per cent of the total value of the machinery or plant used in that business, the last-mentioned condition will be deemed to have been complied with sub-section (3) of new section loa seeks to provide that the b81efit of this section will be available to an industrial undertaking for five assessment years beginning with the initial assessment year sub-section (4) of new section loa seeks to provide that notwtthsta'lding anything contained in any other provision of this act in computing the total income of the assessee of the previous year relevant to the assessment year immediately succeeding the last of the relevant assessment years (or of the previous year relevant to any sflbsequent assessment year), the unabsorbed depreciation allowance, the unabsorbed investment allowance, the unabsorbed development rebate, the unabsorbed capital expenditure on scientific research, the unabsorbed capital expenditure on family planning relating to the relevant assessment years will not be taken into consideration similarly, unabsorbed business losses or loss under the head "capital gains" or the deficiency relating to tax holiday profits relating to relevant assessment years will not be taken into account where the assessee was entitled to a deduction for the relevant assessment years in respect of the proats and gains from newly establlshed industrial undertakings in backward areas or small-scale industrial undertakings in rural areas or the tax holiday, no deduction wlll be admissible in the assessment yeats subsequent to the relevant assessment years further, in computing the depreciation allowance on any assets in the absessment years following the relevant assessment years, the written down value will be computed as if the assessee had claimed and been allowed the depreciation in accordance with the provisions of the income-tax act during each one of the relevant assessment years sub-section (5) of new section loa seeks to provide that where any industrial undertaking situated in a free trade zone has begun to manufacture or produce articles or things during any of the previous years relevant to the assessm81t years 1977-78 to 1980-81, such assessee may, at his option, before the expiry of the time allowed for the furnishing of the return of income for the assessment year 1981-82, furnish to the income-tax off icer a declaration in writing that the provisions of this section may be made applicable to him for the relevant assessment years other than the assessment years commencing before the assessment year 1981-82; and if he does 80, then the provisions of complete tax hol1day specified in this section w1l1 apply for such assessment years and the provisions of new sub-section (4) will also apply in relation to any assessment year following the relevant assessment years sub-section (6) of new section loa seeks to apply the provisions of sub-section (8) and sub-section (9) of section 80-i relating to tax holiday to the industrial undertaking referred to in this section for the purpose of this s~tion, the expression "free trade zone" means the kandla free trade zone and the santacruz electronics export processing zone and includes any other free trade zone which the central government may specify for the purposes of this section by notification in the official gazette the expression "relevant -assessment years" means the initial assessment year and four assessment years immediately succeeding the initial assessment year this amendment will take effect from 1st april, 1981 clause 4 seeks to make two amendments in clause (i) of section 16 of the incometax act relating to standard deduction in the case of salaried assebbees under the existing provisions, a standard deduction is granted to salaried assessees in an amount, equal to twenty per cent of the salary up to rs 10,000 and ten per cent of the salary in excess thereof, subject to a maximum of rs 3,500 under the first amendment, the standard deduction will be allowed at the uniform rate of twenty per cent of such salary, subject to a maximum of rs 5,000 under the existing provisions, where the assessee is in receipt of a conveyance allowance from his employer, the standard deduction is restricted to rs 1,000 under the second amendment, tbis provision is proposed to be omitted these amendments will take effect from 1st april, 1982 and will accordingly apply in relation to the assessment year 1982-83 and subsequent years clause 5 seeks to amend the explanation below sub-section (2) of section 32a of the income-,tax act relating to investment allowance under the existing provisions, investment allowance is granted in respect of new machinery or plant installed in a small· scale inc:htstrial undertaldng for the manufacture of any articles or things, including articles or things of low priority specifled in the list in the eleventh schedule for this purpose, a small-scale industrial undertaldng means an industrial undertaldng in which the aggregate value of machinery or plant installed as on the last day of relevant previous year does not exceed rs10 lakhs under the proposed amendment, this limit is being raised to rs20 lakbs in a case where the previous year ends after 31st july, 1980 this amendment will take effect from 1st april, 1981 and will accordingly apply in relation to the assessment year 1981-82 and subsequent years clause 6 seeks to substitute the proviso to sub-section (7) of section 33a of the income-tax act relating to development allowance under the existing provisions a development allowance is granted to an asse8888 engaged in the buslnes8 of growing and manufacturing tea in india of an amount equal to 50 per cent of the actual cost of planting of tea bushes on any land not planted at any time with tea bushes or on any land which had been previously abandoned for this purpose where the actual cost of planting 8l[ceeds ral2 500 per hectare in respect of land bltuate in a hllly area or 8l[ceeds rsio 000 per hectare in any other area then, the excess is ignored for the purpose of computation of the development allowance under the proposed amendment the celling umit for the actual cost of planting has been raised to ra40 000 per hectare for any land in a hilly area comprised within the district of darjee1ing rs 36 000 per hectare in respect of land situate in a billy area other than the district of darjeeung and rs 30 000 per hectare in the case of land situate in any other area this ameodment will take effect from 1st april 1982 and will accordingly apply in relation to the assessment year 1982-83 and subsequent years clause 7 seeks to amend clause (rill) of section 35 (1) of the income-tax act relating to specw deduction in the case of approved flnancw corporations and public housing finance companies under the existing provisions approved financial corporations engaged in providing long-term ftnadce for 1ndustrtal or agricultural development in india and approved pubuc housing finance companies are entitled to a deduction in the computation of their taxable profits, of an amount up to 40 per cent of the total income carried to a special reserve account the aggregate of the deductions on this account over a period of years cannot, however, exceed the amount of the paid-up capital the proposed amendment seeks to provide that the aggregate of such deduction cannot 8l[ceed twice the amount of the paid-up capital this amendment will take effect from 1st april 1982 and will accordingly apply in relation to the as8ebsment year 1992-83 and subsequent years clause 8 seeks to make certa1d amendments in section 42 of the income-tax act relating to special provision for deducuons in the case of business of prospecting etc •• for mineral oils under the existing provisional where the central government bas entered into an agreemmt with any person for the association or part1clpation of the central government in the business of prospecting for or extraction or producuon of mineral oils, the 81q)e1dsea and allowances in relation to such business as are specified in the agreement are allowed in lteu of or in addition to those admissible under the income-tax acl under the first amendment, it is proposed to provide that the agreement may provide for the association or participation in such business not only of the central government but also of any other pel'bod authorised by it in this behalf under the second amendment, it is proposed to provide that any agreement entered into after 31st march u81 may provide also for allowadcee in ueu of or tn addition to depreclatioil allowance admissible under sectlod 32 of the income-tax act these ameadm_ta will tab effect from 1st april 1981 clause 9 seeks to make two amendments in secuon sod of the income-tax act under the exisung provisions, individuals and hindu uddtvlded famlues resident in lddla and lncurr1dg any expeaditure on the medical treatment (including nuraing) of a handicapped dependant are enutled to a deduction, in the computation of the taxable income, of a sum of ra 2, 400 in a case where the handicapped dependant has been admitted for at least 182 days durlng the previous year in a hospital, durstng home, ar any nou1led institution and ra600 in any other oase under the proposed amendments the quantum of deduction is being raised from rs 2, 400 to ra 4, 800 and from ra 600 to rsi,200 these amendments wtll take effect from 1st apru, 1982 and will accordingly apply in relation to the assessment year 1982-83 am subseqaent years clause 10 seeks to amend section 80rha of the income-tax act relating to deduction in resrsct of profits and gains from newly established small-scale industrial undertakings in rural areas under the existing provisions, an assessee is entitled to a deduction of twenty per cent of the profits and gains derived by him from a small-scale industrial undertaking set up in a rural area for the initial period of ten years for this purpose, a smau-scale industrial undertaking means an industrial undertaking in which the aggregate value of machinery or plant installed as on the last day of the relevant previous year does not exceed ra 10 lakhs under one of the amendments, this umit is being raised to rs 20 lakhs in cllses where the previous year ends after 31st july, 1980 under the other amendment, the benefit of the tax concession is being extended to industrial undertakings which did not qualify for the same before that date on the ground that the aggregate value of machlnery or plant installed therein exceeded rs 10 lakhs, but did not exceed rs20 lakhs in such cues, the concession will be available for the unexpired period these amendments will take effect from 1st april, 1981 and will accordingly apply in relation to the assessment year 1981-82 and subsequent years clause 11 seeks to amend clause (a) of section 80m(1) of the income-tax act relating to inter-corporate dividends - under the proposed amendment, a domestic com~ny receiving income by way of dividends from another domestic company whicb is engaged in the manufacture of electronic components and raw materialsi computers and peripheralsi communication equipmenti process control, instrumentatlon, industrial and professional crade electronic equipment will qualify for complete exemption of such income, as against 60 per cent thereof hitherto this amendment will take effect from 1st april, 1982 and wtll accordingly apply in relation to the assessment year 1982-83 and subsequeot years clause 12 seeks to amend section 80qq of the income-tax: act relating to deduction in respect of profits and gains from the business of publication of hooks under the existing provisions, an assessee carrying on a business in india of printing and publication of books, or only pubucation of books without the activity of printlng,is entitled to a deduction, in the computation of his taxable income, of an amount equal to 20 per cent of the profits from such books this tax concession was available up to and including the assessment year 1980-81 under the proposed amendment, the tax concesssion will be available for five more years, i e, up to and including the assessment year 1985-86 the proposed amendment will take effect from 1st aprll 1981 clause 13 seeks to insert an explanation in clause (v) of section 86 of the lncometax act -under the existing provisions, no income-tax is payable by a member of an association of persons on any portion of the amount which he is entitled to receive from the association on which income-tax has already been paid by the association of persons under the proposed amendment, in the case of an association of persons which is assessable under section 167a, the members of the association whose shares in the income or part of the income of the association are indeterminate or unknown w1ll be deemed to be entitled to receive equal shares in the total income or the part of the total income of the association and the individual share of such member in the total income or part of the total income will be determined accordingly this amendment will take effect from 1st april, 1981 clause 14 seeks to insert a new clause (v) and two explanations in sub-section (1) of section 160 of the income--tax act new clause (v) seeks to provide that in respect of any income which a trustee appointed under an oral trust receives or is entitled to receive on behalf or for thebenefit of any person, such trustee or trustees will be regarded as representative assessee the new explanation 1 seeks to provide that where any trust has not been declared by a duly executed instrument in writing, for the purposes of clause (iv), it w1l1 be deemed to be a trust declared by a duly executed instrument in writing if a statement in writing signed by the trustee setting out the purposes of the trust, particulars as to the trustees,the beneficiaries and the trust propert~ is forwarded to the incometax officer within the specified time limit where the trust has been declared before 1st june 1981, the specified time limit will be a period of three months from that day and in any other case, three months from the date of the declaration of the trust new explanation 2 seeks to define the e~pression "oral trust" to mean a trust which is not declared by a duly executed instrument in writing and which is not deemed to be a trust declared by a duly executed instrument in writing in terms of explanation 1 this amendment wul take effect from 1st april, 1981 clause 15 seeks to insert new section 164a in the income-tax act relating to charge of tax in case of oral trust under the proposed amendment, where a trustee receives or is entitled to receive any income on behalf or for the benefit of any person under an oral trust, income-tax - will be charged on such income at the maximum marginal rate for this purpose, the expression "maximum marginal rate" will have the same meaning as in explanation 2 below section 164(3) the expression "oral trust" will have the same meaning as in explanation 2 below section 160(1) this amendment will take effect from 1st april, 1981 clause 16 seeks to insert a new section 167a in the income-tax act relating to charge of tax where the shares of members of an association of persons are not known sub-section (1) of new section 167a seeks to provide that where the individual shares of the members of an association of persons in the income of such association are indeterminate or unknown, income-lax will be charged on the total income of the association at the maximum marginal rate sub-section (2) of new section 167a seeks to provide that where the individual shares of the members of an association of persons in any part of the income of such association are indeterminate or unknown, the income-tax payable by the association will be the aggregate of the amount of income-tax on such part of the total income at the maximum marginal rate and the amount of income-tax which would have been chargeable if the remaining part of, the total income were its total income for the purposes of this section, the expression "maximum marginal rate" has the same meaning as in explanation 2 to section 164(3) further, the individual shares of the members of an association of persons in the income of such association will be deemed to be indeterminate or unknown if such shares are indeterminate or unknown on the date of formation of such association or at any time thereafter this amendment will take effect from 1st april, 1981 clause 17 seeks to substitute clause (c) of sub-section (2) of section 208 of the income-tax act by two clauses under the proposed amendment, in the case of a person, other than a company, local authority, registered firm or 8 hindu undivided family which at any time during the previous year had at least one member whose total income of the previous year exceeds re 15,000, advance tax will be payable only where his income exceeds rs 15,000 this amendment will take effect from 1st june, 1981 claube 18 seeks to bubstitute sub-section (2) of section 2q2 of the income-tax act by two new bub-sectlods under the existing provisions, a person qualifies for appointment as a judicial member in the appellate tribunal if he has for at least ten years held a civil judicial post or has ~en a member of t!le central legal service not below grade m for at least three years or has been in practice 3s an advocate for at least ten years under the first amendment, it is proposed to provide that a person shall qualify for appointment as a judicial member of the appellate tribunal if he has for at least ten years held a judicial office in the territory of india or has been a member of the central legal service and has held a post in grade i of that service or any equivalent or higher post for at least three years a person who has been an advocate for at least ten years will continue to be eligible for such appointment as hitherto for this purpose, in computing the period during which such a persod has beld a judicial office, any period during which he has been an advocate or has held the office of a member of a tribunal or any post under the union or state requiring special knowledge of law after he has held any judicial office w1l1 be included similarly, in computing the period during which a person has been an advocate of a high court, any period during which he has held a judicial office or the office of a member of a tribunal or any post under the union or state requiring special knowledge of law after he became an advocate w ill also be included under the existing provisions, a person who has served as an assistant commissioner of income-tax for at least three years qualifies for appointment as an accountant member in the appellate tribunal under the second amendment, it is proposed to provide that a person who has been a member of the indian income-tax service, group a and bas held the post of commissioner of income-tax or any equivalent or higher post for at least three years will qualify for appointment as an accountant member in the appellate tribunal these amendments will take effect from 1st april, 1981 clause 19 seeks to amend sub-section (6) of section 263 of the income-tax act relating to appeals to the appellate tribunal under the existing provisions, a fee of rs 125 is payable by an assessee in respect of an appeal to the appellate tribunal under the proposed amendment, the fee is being raised to as 200 this amendment wlll take effect from 1st june1981 clause 20 seeks to amend sub-section (1) of section 256 of the income-tax act relating to reference to high court under the existing provisions, a fee of rs 125 is payable by an assessee in respect of a reference application to the high court under the proposed amendment, the fee is being raised to rs 200 this amendment will take effect from 1st june, 1981 clause 21 seeks to amend sub-section (2) of section 269g of the income-tax 4ct relating to appeals to the appellate tribunal against orders for the acquisition of lmmovable property under chapter xxa under the existing provisions, a fee of rs 125 is required to be ibid by an asselsee for filing an appeal to the appellate tribunal against an order made by the competent authority for the acquisition of an immovable property under the proposed amendment, the fee is being raised to rs 200 this amendment will take effect from 1st june, 1981 clause 22 seeks to insert a new section 293a in the income-tax act relating to power to make exemptions, etc, in relation to participation in the business of prospecting for or extraction, etc, of mineral olls under the new flection, if the central government is satisfied that it is necessary or expedier:t so to do in the public interest, it may, by notification in the official gazette, make exemption, reduction in rate or other modification in respect of income tax in favour of persons with whom the central government bas entered into agreements cat' the association or j»,rticilbtion of that government or any person authorised by that government in the business consisting of the prospecting for or extraction or production of mineral oils, or persons rendering technical services in connection with such business carried on by that government or by any person specifled by that government in this behalf by notification and employees of such persons this amendment will take effect from 1st april, 1981 clause 23 seeks to amend the ninth schedule to the income-tax act containing a list of priority industries under the proposed amendment, the priority industry, mmely, electronic components and raw materials; computers and periphtlrals; communication equipment; process control, instrumentation, industrial and professional grade electronic equipment is being included in the ninth schedule this amendment wlll take effect from 1st april, 1982 and will accordingly apply in relation to the assessment year 1982-83 and subsequent years clause 24 seeks to amend the eleventh schedule to the income-tax act sub-olause (a) seeks to make an amendment of a consequential nature &1b-clause (b) seeks to omit certain articles or things from the said schedule the second amendment mentioned above will take effect from the 1st april, 1982 and will aocordingly apply in relation to the assessment year 1982-83 and subsequent year, clause 25 seeks to make amendments of a oonsequenti al nature in section 80p and section 273 of the inoome-tax act, these amendments will take effect from 1st aprll 1981 clause 26 seeks to amend section 21 of the wealth-tax actsub-clause (a) seeks to insert a new explanation in sub-section (1) the new explanation seeks to provide that a trust which is not declared by a duly executed instrument in writing will be deemed to be a trust declared by a duly executed instrument in writing if a statement in writing, signed by the trustee, setting out the purpose of the trust particulars as to the trustee, the beneficiary and the trust property is forwarded to the wealth-tax officer within the specified time limit where the trust has been declared before 1st june, 1981, the specified time limit will be a period of three months from that day and in any other case,wlthin three months from the date of declaration of the trust sub-clause (b) seeks to amend sub-section (4) under the first amendment, the provisions of that sub-section will apply notwithstanding anything contained in the provisions of sub-sections (i), (la), (2) and (3) of that section under the second amendment, the provisions of explanation 2 will apply to'that sub-section as also to sub-section (4a) sub-clause (c) seeks to insert new sub-section (4a) under the proposed amendment, where the assets chargeable to wealth-tax are held by a trustee under an oral trust, wealth-t3?t will be levied upon and recovered (rom such trustee in the same manner and to the same extent as an individual citizen of india and resident in india in accordance with the rates specified in part i of schedule i or at the rate of 3 per cent , whichever course is more beneficial to the revenue for the purpose of new sub-section (4a), the expression "oral trust" means a trust which is not declared by a duly executed instrument in writing and which is not deemed under the new explanation to sub-section (1) to have been so declared these amendments will take effect from 1st april, 1981clause 'z7 seeks to insert new section 21aa in the wealth-tax act relating to assessment when assets are held by certain associations of persons sub-section (1) of new section 21aa seeks to provide that where assets chargeable to wealth-tax are held by an association of persons (other than a company or co-operrtive society) and the individual shares of the members of the association in the income or assets or both, of the association on the date of its formation or at any time thereafter are indeterminate or unknown, wealth-tax will be levied and recovered from such association in the same manner and to the, same extent as an individual citizen of india and resident in india at the rates specified in part i of schedule i or at the rate of three per cent, whichever course is more beneficial to the revenue sub-section (2) of new section 21aa seeks to provide that where any business or profession carried on by an association of persods referred to in sub-section (1) has been discontinued or tbe association bas been dissolved, the wealth-tax officer wul make an assessment on the net wealth of the association as if no such discontinuance or dissolution had taken place and all other provisions of the act, including the provisions relating to the levy of penalty or any other sum will apply to such assessment sub-section (3) of new section 21aa empowers the wealth-tllx offlcer, the appellate assistant commissioner and the commissioner (appeals) to impose or direct the imposition of a penalty referred to in section 18 or section l8a if such association has been found to be guilty of any of the acts specified in those sections sub-section (4) of new section 21aa seeks to provide that every person who was at the time of such discontid11ance or dissolution a member of the association and the legal representative of any deceased person will be10iptly and severally liable for the tax, penalty or other sum payable and all the provisions of the act will apply to any such assessment or imposition of penlllty or other sum sub-section (5) of new section 21aa seeks to provide that where any sucb discontinuance or dissolution takes place after any proceedings in respect of an assessment year have commenced, the proceedings may be continued against the persons referred to in sub-section (4) from the stage at which they stood at the time of such discontinuance or dissolution and all other provisions of the act will apply acconiingly the explanation to new section 21aa seeks to provide that in computing the net wealth of the association any assets referred to in the specified clauses of section 5(1) will not be excluded this amendment will take effect from 1st april, 1981 clause 28 seeks to amend sub-section (4) of section 24 of the wealth-tax act relating to appeals to the appellate tribunal under the existing provision~, a fee of rs125 is payable by an assessee in respect of appeals to the appellate tribunal under the proposed amendment, the fee is being raised to rs 200 this amendment will take effect from 1st june, 1981 clause 29 seeks to amend sub-section (2) of section 26 of the wealth-tax act relating to appeals to the appellate tribunal from orders of enhancement by the commissioner under the existing provisions, a fee of rs125 is payable by an assessee in respect of an appeal to the appellate tribunal llnder the proposed amendment, the fee is being raised to rs200 this amendment will take effect from 1st june, 1981 clause 30 seeks to amend sub-section (1) of section 27 of the wealth-tax act relating to reference to higb court under tbe existing provisions, a fee of rs125 1s payable by an assessee in respect of a reference application to the high court 'vnder the proposed amendment, the fee is being raised to rs 200 this amendment will take effect from 1st olme, 1981 clause 31 seeks to insert a new sub-section (4) in section 41 of the wealth-tax act relating to service of notice under the proposed amendment, where an association of persons referred to in new section 21m is dissolved, notices under the wealth-tax act in respect of any matter relating to the association may be served on any person who was a member of sucb association immediately bej)re its dissolution this amendment wid take effect from 1st aprtl, 1981 clause 32 seeks to amend sub-section (4) of section 23 of the gift-tax act relating to appeals to the appellate tribunal under the existing provisions, a fee of rsl25 is payable by an assessee in respect of an appeal to the appellate tribunal pnder the proposed amendment the fee is being raised to rs 200 this amendment will take effect from 1st june, 1981 clause 33 seeks to amend sub-section (2) of section 25 of the gift-tax act relating to appeals to the appellate tribunal under the existing provisions a fee of rs125 is payable by an assesree in respect of appeals to the appellate tribunal under the proposed amendment the fee 1& being raised to rs200 this amendment will take effect from 1st june, 1981 clause 34 seeks to amend sub-section (1) of section 26 of the gift-tax act relating to reference to high court under the existing provisions a fee of rsl25 is payable by an assessee in respect of a reference application to the high court under the proposed amemment the fee is being raised to rs 200 this amendment will take effect from let june, 1981 clause 35 seeks to insert two new clauses in sectjon 2 of the companies (proftts) sljrtax act 1964 new c1aure (1) seeks to define tbe expression "advance tlurtax" as the surtax payable under section 7 a new clause (7 a) seeks to define the expression "regular assessment" 88 an assessment made under section 8 these amendments will take effect from 1st april, 1981 clause 38 seeks to idsert new sectlons 7 a to 7d in the companies (protl1b) surtax act regarding payment of adv8doe surtax sub-seotion (1) of new section 7 a defines \'arious expressions the expression "chargeable amo1dlt" in relation to any previous year means so much of the chargeable profits of the previous year as exceed the statutory deduction the expression "current chargeable amo1dlt" in relation to the ad\'ance surtax payable by a company during any financial year means the chargeable amount of the company of the previous year relewnt to the assessmeat year immediately following the ftnancial year sub-section (2) of new section 7 a seeks to provide that surtax shall be payable in advance during the financial year in respect of the chargeable amount of the period which would be the previous year for the immediately following assessment year sub-section (3) of new section 7 a seeks to provide that the amount of advance surtax pliyable by a company in the financial year will be computed on the basis of the chargeable amount of the latest previous year in respect of which the company has been assessed by way of regular assessment or the chargeable amotmt of the latest pre\'1ous year being a later year than the previous year referred to earlier on the basis of which a pro\'1sional assessment has been made whichever is bigher survut will be calculated on sjlch char hl~t dl7u yeau ·1f>'yift(l5aiu"~ at the rates specified in the third schedule to the act 1 81 1ijle, 9 ~ and in jl ~ ' 'ot of oompulf thp sub -section (4, , ,lion 7 a seeks to provide that the advance surtax will be paya,lv in three equal instalments on the specified dates during the financial year the specified dates i>r this purpose will be 15th june 15th september and 15th december in the case of a company whose chargeable am01dlt to the extent of 75 per cent or more is derived from a source or sources for which the previous year ends on or be"re 31st december the specified dates will be 15th september, 15th december and 15th march in any other case however where the board bas in exercise of the powers conferred by the proviso to section 211(1) of the lncome-tax act authorised the payment of tbe last instalment of advance tax on 15th march during the financial year instead of on tbe 15th december, the last instalment of advance surtax in the ode of such company will also be payable on the 15th march during the financial year sub-section (5) of new section 7 a seeks to provide that a company which bas been previously assessed by way of regular assessment wlll be required to furnish a statement of advance surtax payable by it computed in the manner laid down in subsection (3) on or before the date on which the first instalment of advance surtax is payable by it further, a company which has not been previously assessed by way of regular assessment will be required to furnish an estimate of the current chargeable am01dlt and the advanne surtax payable by it on such amount in the mander laid down in sub-section (3) at any time on or before the date oil which the last instalment of advance surtax 1s payable in 1ts case this sub-section applies to all sucb companies in whose case the chargeabit, profits assessable under ·the act are likely to exceed the amount of statutory deduction in the case of a company which has been previously assessed by way of regular assessment, the arlount of advance surtax is required to be paid in three equa1instalments on the dates applicable to it under subsection () in the case of a new company the amount of advance surtax wlll be required to be paid in equal instalments on such of the dates applicable in its case as haw! not expired or in one sum if only the last of such dates has not expired sub-section (6) of new section 7 a seeks to provide that in cases/where the company estimates that its current chargeable amount of the previous year in respeot of which it is required to furnish the statement of advance surtax would be less than the chargeable amount as aforesaid, it will have the option to furnish an estimate of such current cbargeable amount instead of furnishing the statement sub-section (7) of new section 7 a seeks to provide that ·where a company has furnished a statement as aforesaid, it will have the option to file an estimate if it estimates that its current chargeable amount is ukely to be less than the chargeable amount on the basis of which it is so required to pay advance surtax an estimate can be furnished at any time before the last instalment of ad,'ance surtax is due in its case sub-section (8) of new section 7a seeks to provide that in a case where the advance surtax payable by a company on the basis of its current chargeable amount exceeds the surtax payable by it on the basis of the statement or estimate furnished by it by more than 20 per cent, it will be required to furnish an estimate of advance surtax payable by it on the basis of its current chargeable amount before the date on which ::o~:t_:~~~~~~ ~~:~~~s~/:i:u;oz:;~ u~~- 1981 ~~r::~:i~~~~~:) or the first proviso to section 212(3a) of the income-lc- \ ""'of the gift- date for furnishing the estimate of advance tax payable under the income-tax ~ile company has paid the advance surtax payable on the basis of the statement or estimate furnished by it before the date on which the last instalment is ordinarily due, the balance amount wul be payable on or before the extended date sub-section (9) of new section 7 a seeks to provide that the company may send a revised estimate of the advance surtax payable by it before any of the dates specified in sub-section (4) and adjust any excess or deficiency in respect of an instalment already paid in a subsequent instalment or any subsequent instalments sub-section (10) of new section 7 a seeks to provide that every statement or estimate under that section will be sent in the prescribed form and verified in the prescribed manner these provisions will take effect from 1st april, 1981 new section 7b provides for interest payable by government pnder new section 7b, the central government will be required to pay simple interest at 12 per cent per annum on the amount by'which the aggregate sum of any instalments of advance surtax paid during any financial year in which they are payable under section 7a, exceeds the amount of surtax determined on regular assessment, from 1st april of the assessment year to the date of regular assessment for the said assessment year this amendment will take effect from 1st april, 1981 new section 7c relates to charging of interest for non-payment of advance 8urtax sub-sectlon (1) of new section 7c seeks to provide that where the advance surtax paid by a company on the basis of its own estimate is 1e8s than eighty-three and one-third per cent of the assessed surtax it shall pay simple interest at the rate of twelve per cent per annum from 1st april of the assessment year till the date of the regular assessment on the amount by which the advance surtax paid by it falls short of the assessed surtax sub-section (2) of new section 7c seeks to provide that where a company has not furnished the statement of advance surtax or the estimate in lieu of such -statement or a new company has not furnished the estimate of advance surtax simple interest shall be payable by such company at the rate of twelve per cent per annum from 1st april of the assessment year up to the date of regular assessment on the amount equal to the assessed surtax sub-section (3) of new section 7c seeks to provide that 'where a company has not furnished the bigher estimate of advance surtax it shall pay simple interest at the rate of twelve per cent per annum from 1st april of the assessment year till the date of regtl!ar assessment on the amollnt by which the advance surtax paid by it falls short of the assessed sllrtax cjt 9'-0 yeaits and gains as 01· sub-section (4) 00de 1981 ~,and in as-'provide that in a case where a provisional assessment of the o:mt ~f oompul',f that a(i section 7 interest as provided in sub-section (1) or sub-section (2) 01 ~ ;tion (3) will be calculated up to the date on which the surtax provisionally assessed is paid and thereafter interest will be calculated at the rate of twelve per cent per annum on the amount by which the surtax provisionally assessed falls short of the assessed surtax sub-section (5) of new section 7c seeks to provide that the income-tax officer may in the cases and circumstances to be prescribed hy rules reduce or waive the interest payable by the company under this section sub-section (6) of new section 7 c seeks to provide that where as a result of an orde r of appeal revision or rectification,the amount on which interest is payable by the company stands reduced the interest will be reduced accordingly and the excess interest paid -will be refunded sub-section (7) of new section 7c seeks to provide that the expression "assessed surtax" for the purposes of this section and section 9a will mean the surtax determined on the basis of a regular assessment without making any deduction therefrom this amendment will take effect from 1st april, 1981 new section 7d relates to interest payalie by a company in case of underestimate etc new sectlon 7d seeks to provide that where on making the regular assessment, the inoome-tax officer flnds that any oompany bas underestimated the advance surtax payal:ie by it and thereby' reduced the amount payalie in either of the arst two instalments, he may dlrect that such oompany shall pay slmple interest at the rate of twelve per cent per annum for the period during which the payment was deficient this amendment will take effect from 1st april, 1981 clause 37 seeks to insert a new section sa of the compulles (profits) surtax act, relating to penaltles for false eatimate of or failure to pay surtax in advance these provisions are broadly on the lines of the corresponding provisions of the income-tax act relating to imposition of penalty for false estimate of or flflure to pay income-tax in advance in the case of oompanles this amendment will take effect from 1st april, 1981 clause 38 seeks to amend section 10 of the companies (profits) surtax act under the proposed amendment, no order imposing a penalty under new section sa will be made unless the assessee has been given a reasonable opportunity of being beard •• ~ompanles (profits) this amendment wnl take effect from 1st aprll, 1981 - ~-clause 39 seeks to amend !ub-sectl~ ,_-" surtax act relating to appeals to the c~~e 1981 under the proposed amendment, any oomp~ ~bj~3_~ the g~~~~ of jdterest by the income-tax officer under the provisions of new section 7d may appeal to the comm1s~oner (appeals) this amendment will take effect from 1st aprll, 1981 clause 40 seeks to amend sub-section (6) of section 12 of the companies (profits) surtax act under the existing provisions, a fee of ra 125 is payal:ie by an assessee in respect of an appeal to the appellate tribunal under the proposed amendment, the fee is being raised to rs 200 this amendment wul take effect from 1st june, 1981 clause 41 seeks to amend section 18 of the companies (profits) surtax act relating to application of the provisions of the income-tax act under the proposed amendment, sectlons 218 and 219 of the income-tax act are proposed to be made appllcable to surtax as they apply to income-tax this amendment wul take effect from 1st aprll, 1981 clause 42 seeks to insert a new section 24aa in the companles·(proflts) surtax act relaung to power to make exemptions, etc", in relation to participation in the business of prospectlng for or extraction, etc, of mineral on •• under the new section,if the central government is satisfied that it is neceseary or expedient so to do in the publlc interest, it may, by notification in the official gazettee, make exemption, reduction in rate or other modiflcatlon in respect of surtax in favour of foreign companies wi th whom the central government has entered into agreements for the association or participation of that gove~nt or any person authorised by that government in the business consisting of the prospecting for or extraction or production of mineral ons or foreign companies rendering technical services in connection with such business carried on by that government or any person specified by that government in this behalf by notiflcation in the official gazette the expression "foreign company" shall have the same meaning as in section 80b(4) of the income-tax act this amendment will take effect from 1st aprn, 1981 clause 43 seeks to amend rule 1 of the first schedule to the companies (proflts) surtax act under t!le proposed amendment, where any income or profits and galns are required to be excluded from tlle ,t9tal [nco me under any clause of rule 1, the amount of such incomsllfb y;8}ts and gains as ~lted in accordance with the provisions of the !reine, 1981 ~,and in a case where any deduction is required to be allowed under cmt of compul',f that 4~l!:t in respect of such income or profits and gains, the amount 01 b or profits and gains computed as aforesaid as reduced by the amount of such deduction, shall alone be deemed to be the amount of income or profits and gains required to be excluded from such total income this admendment wlll take effect from 1st april 1981 and wlll accordingly apply in relation to the assessment year 1981-82 and subsequent years clause 44 seeks to amend sub-section (6) of section 16 of the interest-tax act, 1974 under the existing provisions a fee of rs 125 is payalie by an assessee in respect of an appeal to the appellate tribunal under the proposed amendment, the fee is being raised to rs200 this amendment wid take effect from 1st june, 1981 clause 45 seeks to amend sub-section (6) of section 19 of the hotel-receipts tax act, 1980 under the existing provisions, a fee of rs125 is payable by an assessee in respect of an appeal to the appellate trll:amal under the proposed amendment, the fee is being raised to rs 200 this amendment will take effect from 1st june, 1981 clause 46 read with the second schedule seeks to -(1) ralse the rate of basic customs duty on bars (including bright bars) and wire rods of stalnl ess steel; (11) raise the rate of basic customs duty on plain abaft bearings clause 47 seeks to levy up to the 31st march 1982, auxillary duties of customs on all imported goods at the rate of 25 per cent of tl1eir value clause 48 read with the third schedule seeks to change the tariff descriptlon of -(1) item noim relating to plastics to exclude polyester fums from its scope (now included in 9 new item -isbb); (2) item no1s relating to tyres as a measure of rationalisation; (~) item noi6aa relating to synthetic rubber as a measure of rationalisation; (4) item no 2m relating to copper to provide for specific inclusion of waste and scrap, ~ shells and blanks for pipes and tube" of copper within its scope; ~ -(5) item no 2gb relating to zinc to provide for splc - "1'ilon of waste and scrap and calot~ of zinc wltbjn i ts &cope: ~ the gi -+ c (6) item no27 relating to aluminium to provide i " ~"'l~lmclusion of waste and scrap of alumlnlum within its scope: (7) item no 27a relating to lead to provide for speclflc inclusion of waste and scrap of lead within its scope j (8) sub-item 11(1) of item no 37 relating to cinematograph fums to cover news-reels and shorts up to 600 metres in length within its scope clause 49 seeks to levy up to the 31st day of march, 1982, special duties of excise on all excisable goods fj-t the rate of ten per cent of the duty levlatie under the central excises act, read with any notification for the time being in force issued under the said act or the rules made thereunder clause 50 seeks to amend the first schedule to the adtlitional duties of excise (goods of special importadce) act 1957, to raise the additional excise duty (in beu of sales-tax) 011 cigarettes clause 51 seeks to amend the additional duties of excise (textiles and textile articles) act, 1978, to raise the additional duty leviable tmder this act on textiles and textile articles clause 52 seeks to substitute the schedule to the medicinal and touet preparau'ons (excise duties) act, 1955, by another schedule prescribing ad3usted rates ol excise duties on the medicinal and tonet preparations containing alcohol, - narcatlc drug and narcotic on the basis of pure alcohol content, replacing the lopdon-proof strength system ado~ed earlier besides an alternate ad valorem rate is being provided for certain medloldal preparations ~ch are capalie of being consumed as ordinary alcobollc beverages clause 53 seeks to make certain amendments in the compulsory deposit bcheme (inaome-tax payers) act, 1974 sub-clause <a> seeks to amend sub-section (1) of sect10n 3 sub-clauae (b) seeks to amend clause (ill) of sub-section (1) of section 4 these amendments seek to secure that, in relation to the alt8esament years 1982-83 and 1983-84 also, compulbory deposits are made at the rates specified in paragraph c of the schedule to the act these amendments wlll take effect from 1st aprn, 1981 sub-clause (c) (1) seeks to insert a dew sub-sedtioil (la) in section 8 under the proposed amenc:hnent, the amount of compulsory deposit made by or recovered from an lndlvldualor any perlon who is assessable in respect of the income of such individual in a representative capacity shall be repayable, together with the interest due thereon, on the 1st day of the immediately succeeding financial year in which such individual attains 70 years of age in a case where such indlvldual has attained the age of 70 years before 1st aprll, 19'81, the amount will become repayable oil 1st june, 1981 the depositor, however, will have the option not to withdraw the amount of compulsory deposit or interest when it becomes due this amenc:hnent wfil take effect from 1st june, 1981 clause 3 of the bill seeks to insert a new secuon loa in the income-tax act, 1961 relatldg to special provision in respect of ldoome from newly establlsbed industrial undertaklnp in free trade zones the explanatlon'be1ow this new section defines the expression "free trade zone" occurring in the section to mean the kandla free trade zone and the santacruz electronics export processing zone, and to include any other free trade zone which the central government may, by notlf1catlon in the official gazette, specify for the purposes of this section this power is necessary to cover free trade zones which may be established in future clause 22 of the bill proposes to insert a new section 293a in the income-tax act which empowers the central government, by notification in the official gazette, to make exemption reduction in rate or other modification in respect of income-tax in favour of any person with whom the central government has entered into agreement for the association or participation of that government or any person authorised by it in the business consisting of the prospecting for or extraction or production of mineral oust and in favour of persons rendering technical services in connection with such business carried on by that government or by any person specified by that government in this behalf by notification the new section also empowers the central government to make a similar exemption in favour of the employees of such persons sub-section (3) of the proposed new section requires all the notifications issued under this section to be laid before each house of parliament clause 42 of the bill proposes to insert a new section 24aa in the companies (profits) surtax act, 1964 to give a similar power to the central government to make an exemption, etc, in respect of surtax in favour of foreign companies with whom the central government has entered into agreements for the association or participation of that government or any person authorised by that government in the business consisting of the prospecting for or extraction or production of mineral oils and in favour of foreign companies rendering technical services in connection with such business carried on by that government or any person specified by that government in this behalf by notification in the official gazette notifications issued under this section are also required to be laid on the table of eacb house of parliament this power is required to facuttate participation of foreign companies and technicians in the off-shore drilling operations which are being undertaken by the central government and the on and natural gas commission clause 36 of the bi1l seeks to insert new sections 7 a to 7d in the companies (profits) illrtax act, 1974 so as to provide for payment of advance surtax new section 7c relates to charging of interest for non-payment of advance surtax subsection (5) of this new section empowers the 1dc0me-tax officer to reduce or waive the interest payable by the company under this section in the cases and circumstances to be prescribed by rules made under the act the delegatlon of leglslatlve power under the aforesaid provisions relates to matters of proced\u'e or admlnlstrauve detan or to matters in respect of which it is not practlcal:ie to make detailed provisions hence, the delegat1c1l d legislative power is of a normal character billto give effect to the financial proposals of the central government for the financial year 1981-82 (shri r vejdeatar_, minister of fin-:e)

Parliament_bills

b82df0e0-24cf-57f0-b03a-cab6f2d534d7

bill no 151 of 2016 the right to shelter bill, 2016 byshri gopal chinayya shetty, mpa 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 every such family in the country 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 right to shelter act, 2016(2) it extends to the whole of indiashort title, extent and commencementdefinitions2 in this act, unless the content otherwise requires,—(a) "family" means a citizen, his spouse and dependent children;5(b) "person living below poverty line" means a person whose monthly income from all sources is such as may be determined by the central government, from time to time after taking into consideration all such relevant factors as it may deem fit:provided that different criterion may be fixed for different classes of persons in various states and union territories(c) "prescribed" means prescribed by rules made under this act; and10(d) "shelter" means a dwelling unit comprising at least one living room, one bed room, one kitchen and one toilet 3 (1) the central government shall, within a period of five years from the coming into force 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 family15central government to provide a dwelling unit to families living below poverty line(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 prescribed20(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 manner as may be prescribed 4 (1) the central government shall, within a period of seven years from the coming into force of this act, provide a shelter at fifty per cent of the cost to each family, having an annual income of less than rupees five lakh:25provided 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 cost(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 having an annual income less than rupees five lakh in each state and union territory in such manner as may be prescribed30(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 prescribed5 (1) the central government shall, after every four years, undertake the maintenance of the dwelling unit provided under section 3 and charge such nominal amount for the purpose as may be prescribedcentral government to maintain the dwelling unit35(2) the central government shall, after every four years, undertake the maintenance of the dwelling unit provided under section 4 and charge fifty per cent of the maintenance costpower to remove difficulty406 if any difficulty 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 order shall be made after the expiry of the period of three years from the date of commencement of this act457 the provisions of this act shall be in addition to, and not 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 in addition to other actspower to make rules8 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act510(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and 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 healthcare, 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 facility earning less than rupees five lakh should be provided a dwelling unit at fifty per cent of the cost the proposed bill also provides for maintenance and succession of the dwelling unit given by central governmenthence this billnew delhi;gopal chinayya shettymay 5, 2016 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 fifty per cent of the cost clause 5 provides that central government shall also undertake the maintenance of these dwelling unitsthe bill, therefore, if enacted would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees five hundred crore per annum would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees one thousand crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill 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 right to shelter to the persons living below poverty line or falling under low income group by providing a dwelling unit to every such family in the country and for matters connected therewith or incidental thereto————(shri gopal chinayya shetty, mp)gmgipmrnd—1259ls(s3)—02-07-2016

Parliament_bills

66335d72-b49c-53d0-b1f3-48c1ec9de917

the prevention and punishment of the crime of genocide bill, 2016 byshri kirti azad, mparrangement of clauses————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii offences3 punishment for offence of genocide 4 punishment for incitement of offence of genocide 5 punishment for being a part of unlawful assembly 6 punishment for organising a group and instigating the commission of the offenceof genocide7 punishment to owner or occupier of land or property on which a group or unlawfulassembly is organised for committing genocide8 harboring persons hired for an unlawful assembly or a group organised to commitany offence under this act9 punishment for promoting enmity between different group on the grounds of religion,race, place of birth, nationality, language, etc and doing acts to induce hatred and disharmony10 punishment for abetment of any offence under the act 11 punishment for abetment when one act abetted and different act done 12 punishment for conspiracy to commit an offence under this act 13 responsibility of superiors 14 every member of unlawful assembly guilty of offence committed in prosecution ofcommon object15 attempt to commit offences chapter iii prevention mechanism16 centre for research to prevent genocide clauses17 composition of the centre 18 officers and staff of the centre for research to prevent genocide 19 mandate of the centre for research to prevent genocide 20 centre to submit periodic assessment reports chapter iv establishment of genocide tribunal21 establishment of genocide tribunal 22 composition of the genocide tribunal 23 selection committee for appointment of chairperson and judicial members ofthe tribunal24 qualification for appointment of chairperson and judicial members 25 term of office and other conditions of service of chairperson and judicialmember26 resignation 27 salaries, allowances and other terms and conditions of service 28 removal and suspension of chairperson and judicial member 29 to act as chairperson of tribunal or to discharge his functions in certaincircumstances30 oath and secrecy and holding of office on ceasing to be such chairperson etc 31 tribunal to have exclusive jurisdiction 32 powers of the tribunal 33 staff of tribunal chapter v national genocide appellate tribunal34 establishment of the national genocide appellate tribunal 35 composition of the national genocide appellate tribunal 36 selection committee for chairperson and judicial members of the appellatetribunal37 qualification for appointment of chairperson and judicial member 38 term of office and other conditions of service of chairperson and judicial member 39 resignation 40 salaries, allowances and other terms and conditions of services 41 removal of chairperson and judicial member 42 judicial member to act as chairperson of tribunal or to discharge his functions incertain circumstances43 oath of office and secrecy chapter vi appeals44 appeals from conviction 45 appeal by state government against sentence 46 appeal in case of acquittal 47 appeal against conviction by national genocide appellate tribunal 48 powers of appellate tribunal chapter vii submission of death sentences for confirmation clauses49 sentence of death to be submitted by the state genocide tribunal, for confirmation 50 power to direct further inquiry to be made or additional evidence to be taken 51 power of the appellate tribunal to confirm sentence or annual conviction chapter viii reference to high court52 reference to high court chapter ix witness protection53 witness protection fund 54 categories of witnesses 55 procedure for obtaining witness protection 56 types of protection chapter x miscellaneous57 act to have overriding effect 58 application of act, 2 of 1974, 1 of 1872 59 power to make rules bill no 11 of 2016 the prevention and punishment of the crime of genocide bill, 2016 byshri kirti azad, mp a billto establish a mechanism for prevention and punishment for the crime of genocide and for matters connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— chapter i preliminarydefinitions2 in this act, unless the context otherwise requires,—45 of 1860(a) "abetment" shall have the same meaning as assigned to it in section 107 of the indian penal code, 1860;45 of 1860(b) "abettor" shall have the same meaning as assigned to it in section 108 of the indian penal code, 1860;5(c) "competent authority", in relation to a state, means the secretary of the state legal services authority of that state, who is authorized to issue directions and pass orders for witness protection;(d) "criminal force" shall have the same meaning as assigned to it in section 350of the indian penal code, 1860;10 45 of 1860(e) "effective command and control" or "effective authority and control" means having the material ability to prevent and punish the commission of offences by subordinates;15(f) "genocide" means any of the following acts committed, whether in the time of war or in the time of peace, with an intent to destroy, in whole or in part, a national, ethnical, racial, religious, linguistic, social or any other similar stable and permanent group, as such:(i) killing members of the group;(ii) causing serious bodily or mental harm to the members of the group;20(iii) causing permanent impairment of mental faculties of members of the group through drugs, torture or similar techniques;(iv) deliberately inflicting on the group, such conditions of the life which are calculated to bring about physical destruction of the group either wholly or partly;25(v) deliberately contaminating, destroying or restricting access to such flora, fauna or any other natural or man-made resources on which a group is dependent for survival;(vi) imposing measures intending to prevent births within a group; and (vii) forcibly transferring children of group to another group;30(g) "in-camera proceedings" mean proceedings in which the public and media are not allowed to participate;(h) "live link" means a live television link or other such arrangement whereby a witness, while absent from the courtroom, can depose in the matter;(i) "superior" means:—35(a) a military commander or a person effectively acting as a military commander; or(b) any other superior, in as much as the crimes arose from activities within the effective authority and control of that superior;40(j) "threat analysis report" means a detailed report prepared and submitted by the officer investigating the case and shall include—(a) seriousness and credibility of the threat perception to a witness or his family members;(b) specific details about the nature of threats faced by the witness or his family to their life, reputation or property;(c) analysis of the intent, motive and resources of the person or persons making the threat to implement the threats; and(d) categorization of the threat perception and concrete steps required to be taken for witness protection;5(k) "unlawful assembly" means an assembly of three or more persons having the common object—first— to overawe by criminal force or show of criminal force, the central or any state government or the parliament or the legislature of any state or any public servant in the exercise of the lawful power of such public servant; orsecond— to resist the execution of any law or of any legal process; or10third— to commit any mischief or criminal trespass or other offenceunder this act; or15fourth— by means of criminal force or show of criminal force, to compel any person to do what he is not legally bound to do or to omit to do what he is legally entitled to doexplanation— an assembly which was not unlawful when it assembled may subsequently become an unlawful assembly20(l) "witness" means any person who possesses information or document about any crime regarded by the competent authority as being material to any criminal proceedings and who has made a statement or who has given or agreed to give evidence in relation to such proceedings;(m) "witness protection fund" means the witness protection fund constituted under section 53; and25(n) "witness protection order" means an order passed by the competent authority detailing the steps to be taken for ensuring the safety of life, reputation or property of witness from threats to him or his family members and includes an interim order, if any, passed during the pendency of witness protection application chapter ii offences303 whoever commits the offence of genocide shall be punished,—(a) when such offence leads to death, with death or life imprisonment; andpunishment for offence of genocide(b) in any other case, with imprisonment for life or imprisonment of eitherdescription for a term which may extend upto ten years and shall also be liable to fine354 whoever, publicly or otherwise, incites another person to commit any of the ingredients constituting the offence of genocide shall be punished,—punishment for incitement of offence of genocide(a) when such incitement results in commission of the offence of genocide,with life imprisonment or imprisonment of either description for a term which may extend upto twenty years and shall also be liable to fine; and40(b) in any other case, with imprisonment of either description for a term which may extend upto ten years and shall also be liable to fine 5 whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term which may extend upto one year or with fine or bothpunishment for being a part of unlawful assembly45explanation—for the purpose of this section, 'member of unlawful assembly' means a person, who, being aware of the facts which render any assembly an unlawful assembly, intentionally joins that assembly, or contines in that assembly6 (1) whoever organizes, by hiring or engaging or employing or promoting or conniving at hiring, a group for the purpose of committing the offence of genocide, shall be punished with imprisonment of either description for a term which may extend upto seven years and shall also be liable to finepunishment for organizing agroup andinstigating the commission of the offence of genocide(2) whoever becomes a part of a group referred to in sub-section (1) shall be punished with imprisonment of either description for a term which may extend upto five years and shall also be liable to finepunishment to owner or occupier of land or property on which a group or unlawful assembly is organized for committing genocide7 whoever, being owner or occupier of any land or property or his agent or manager for such land or property, or having any interest in such land or property, knowing that such land or property was used or is being used for assembly of any group or unlawful assembly in furtherance of committing or inciting the commission of any offence under this act or has reasons to believe that such offence has been committed or is likely to be committed, do not give notice to the nearest police station at the first opportunity and do not, in case he has reasons to believe that it is about to be committed, use all lawful means in his power to prevent it, and in event of its taking place, do not use all lawful means in his power to disperse such an assembly or group, shall be punished with imprisonment of either description for a term which may extend upto one year or with fine or both8 whoever, in occupation or charge or control of any house or land or premises harbors or receives or allows the assembly of persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly or a group organized to commit an offence under this act, shall be punished with imprisonment of either description for a term which may extend upto one year or with fine or bothharboring persons hired for an unlawful assembly or a group organized to commit any offence under this act9 whoever,—(a) by words, either spoken or written, or by signs or visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste, community or any other ground whatsoever, disharmony or feelings of enmity or hatred or ill-will between different religious, racial, ethnic, linguistic, regional, national, social or any other stable and permanent group or castes or community, or(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, ethnic, linguistic, regional, national, social or any other stable and permanent group or castes or community and which results in or is likely to result in commission of any offence under this act, or punishment for promoting enmity between different groups on the grounds of religion, race, place of birth, nationality language, etc and doing acts to induce hatred and disharmony(c) organizes any exercise, movement, drill or any other similar activity intending that the participants in such activity, shall use, or be trained to use, criminal force or violence, or knowing it to be likely that the participants in such activity shall use, or be trained to use, criminal force or violence, or participates in such activity, intending to use, or be trained to use, criminal force or violence against any religious, racial, ethnic, linguistic, regional, national, social or any other stable and permanent group or castes or community, and such activity for any reason whatsoever causes or is likely to cause the commission of any offence under this act, shall be punished with imprisonment of either description which may extend upto five years or with fine or both 10 whoever abets the commission of any offence under this act shall be punished with the same punishment as provided for that offencepunishment for abetment of any offence under the act11 where abetment of commission of an offence under this act results in commission of a different offence under this act, the abettor shall be punished with the same punishment as provided for the offence committedpunishment of abetment when one act abetted and different act done5 10 15 20 25 30 35 404512 whoever is a party to a criminal conspiracy to commit an offence under this act shall be deemed to be guilty of abetting the commission of that offence and shall be punished accordinglyp u n i s h m e n t for conspiracy to commit an offence under this act responsibility of superiors513 in addition to other grounds of criminal responsibility for commission of offences under this act,—(a) a military commander or person effectively acting as a military commander shall be criminally responsible for offences committed by forces under his effective command and control or effective authority and control, as the case may be, if—10(i) that military commander or person either knew or owing to the circumstances at the time, should have known that the forces were committing or about to commit such offence; and15(ii) that military commander or person fails to take all necessary and reasonable measures within his power to prevent or repress the commission of such offence or fails to submit the matter to the competent authority for investigation and prosecution; and (b) a superior officer shall be criminally responsible for offences committed by subordinates under his effective authority and control, if—20(i) the superior either knows or consciously disregards information, which clearly indicates that the subordinates are committing or about to commit such offence;(ii) the activities concerning offences are within the effective responsibility and control of the superior; and(iii) the superior fails to take all necessary and reasonable measures within his power to prevent or repress the commission of such offence or fails to submit the matter to the competent authority for investigation and prosecution2514 where an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly or where any such member knows that the offence is likely to be committed in prosecution of that object, every such member shall be deemed to be guilty of commission of that offenceevery member of unlawful assembly guilty of offence committed in prosecution of common object30attempt to commit offences15 whoever attempts to commit an offence punishable under this act with imprisonment, or to cause such an offence to be committed, shall be punished with imprisonment for a term which may extend upto one-half of the longest term of imprisonment provided for that offence or with such fine as is provided for that offence or with both chapter iii35 prevention mechanism16 (1) the central government shall, by notification, with effect from such date as may be specified therein, establish a centre for research to prevent genocide, hereinafter referred to as the centrecentre for research to prevent genocide(2) the centre shall have its principle seat at new delhi40(3) the central government may, by notification, establish regional offices of thecentre at such places as it may deem necessarycomposition of the centre17 (1) the centre shall consist of experts in the field of international laws, genocide, conflict management and allied fields(2) the centre shall consist of such number of members as the central government may, by notification, decide18 (1) the central government shall appoint such number of officers and staff to the centre for effective implementation of the provisions of this actofficers and staff of the centre5(2) the salary and allowance payable to and other terms and conditions of service of officers and staff of the centre shall be such as may be prescribed19 the centre shall undertake research with the following objectives:—mandate of the centre(a) to understand the social, economic and other factors preceding the outbreak of genocide and develop a statistical model for the same;(b) to develop an early warning system that can predict the outbreak of genocide;10(c) to conduct periodic assessment studies and identify high risk areas within the country which are susceptible to incidents of genocide; and(d) to develop and suggest conflict transformation methodology for effective control of any imminent outbreak of genocide1520 the centre shall conduct periodic assessment of the situation at identified risk areas and submit reports thereof to the central government in such form and manner as may be prescribedcentre to submit period assessment reports chapter iv establishment of genocide tribunal20establishment of genocidetribunal21 the central government shall, by notification, establish with effect from such date as may be specified therein, a tribunal to be known as the genocide tribunal in each state and union territory, to exercise the jurisdiction, powers and authority conferred on such tribunal by or under this act22 the tribunal shall consist of—25(a) a full time chairperson; andcomposition of the genocide tribunal(b) not less than two but subject to maximum of four full time judicial members as the central government may, from time to time, notify3023 (1) the central government shall, in consultation with the state government concerned, constitute a selection committee for the appointment of the chairperson and judicial members of the genocide tribunal(2) the selection committee shall consist of,—(a) the chief justice of the concerned high court as the chairperson; and (b) three senior-most judges of the concerned high courtselection committee for appointment of chairperson and judicial members of the tribunal3524 (1) a person shall not be qualified for appointment as the chairperson of the tribunal, unless he is, or has been the chief justice of a high court(2) a person shall not be qualified for appointment as judicial member of the tribunal unless he is, or has been a district or a session judgequalification for appointment of chairperson and judicial members4025 the chairperson and the judicial members of the tribunal shall hold office for aterm of five years from the date on which they enter upon their office and shall be eligible for re-appointmentterm of office and other conditions of service of chairperson and judicial member resignation26 the chairperson and judicial members may, by notice in writing under their handaddressed to the central government, resign their office27 the salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of the chairperson and the judicial members shall be such as may be prescribedsalaries, allowances and other terms and conditions of services28 (1) the central government may, in consultation with the chief justice of india, remove from office the chairperson or judicial member of the tribunal, who,—5| ( | a | ) has been adjudged an insolvent; or ||------------------------------------------|-----|--------------------------------------------------------------------------------------|| removal and | | || suspension of | | || chairperson | | || and judicial | | || member | | || ( | b | ) has been convicted of an offence which, in the opinion of the central || government, involves moral turpitude; or | | || ( | c | ) has become physically or mentally incapable; or || 10 | | || ( | d | ) has acquired such financial or other interest as is likely to affect prejudicially || his functions; or | | || ( | e | ) has so abused his position as to render his continuance in office prejudicial || to the public interest | | |15(2) the chairperson or judicial member shall not be removed from his office except by an order made by the central government after an inquiry made by a judge of the supreme court in which such chairperson or judicial member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges20judicial member to act as chairperson of tribunal in certain circumstances29 in the event of occurrence of the vacancy in the office of the chairperson of tribunal, by reason of his death, resignation or otherwise, such judicial member of the tribunal as the central government may, by notification, authorise in this behalf, shall act as the chairperson until the date on which a new chairperson is appointed in accordance with the provisions of this actoath of office and secrecy2530 (1) the chairperson and judicial member shall, before entering upon his office, make and subscribe to an oath of office and secrecy in such form, manner and before such authority, as may be prescribed(2) the chairperson and the judicial members shall not hold any other office during their tenure as a chairperson or a judicial member(3) on ceasing to hold office the chairperson or a judicial member shall not appear, plead or act before the tribunal or the appellate tribunal30| tribunal ||----------------|| have exclusive || jurisdiction |31 notwithstanding anything contained in any other law for the time being in force, the state genocide tribunal shall have the exclusive jurisdiction to try the offences under this actpowers of the tribunal32 notwithstanding anything contained in any other law for the time being in force,the state genocide tribunal shall exercise the same powers as that of a court of sessions, as defined under the code of criminal procedure, 197335staff of tribunal33 (1) the central government shall determine the nature and categories of the officers and other employees required to assist the tribunal in the discharge of its functions(2) the recruitment of the officers and other employees of the tribunal shall be made by the chairperson in such manner as may be prescribed40(3) the officers and other employees of the tribunal shall discharge their functionsunder the general superintendence of the chairperson(4) the salaries and allowances and conditions of service of the officers and other employees of the tribunal shall be such as may be prescribed chapter v national genocide appellate tribunal34 (1) the central government shall, by notification, establish an appellate tribunal to be known as the national genocide appellate tribunalestablishment of the national genocide appellate tribunal5(2) the appellate tribunal shall hear and dispose of appeals against any order passed,direction issued or decision made by the genocide tribunal(3) the appellate tribunal shall sit at new delhi, or at such other places as the central government may, from time to time, appoint35 the appellate tribunal shall consist of—| ( | a | ) a full-time chairperson; and ||---------------------------------------------------|-----|----------------------------------------------------------------------------|| 10 | | || composition | | || of the | | || appellate | | || tribunal | | || ( | b | ) not less than two but subject to maximum of four judicial members as the || central government may from time to time, notify | | |36 (1) the chairperson and judicial members of the appellate tribunal shall be appointed by an appointment committee consisting of—| ( | a | ) the chief justice of india as the chairperson; ||-----------------------------|-----|------------------------------------------------------------------------------------|| 15 | | || ( | b | ) four senior-most judges of the supreme court of india || appointment | | || committee for | | || appointment of | | || chairperson | | || and judicial | | || members of the | | || appellate | | || tribunal | | || ( | 2 | ) the manner of selection of panel of names shall be such, as may be prescribed by || the supreme court of india | | |37 (1) a person shall not be qualified for appointment as the chairperson of the appellate tribunal, unless he is or has served as a judge of the supreme court of india20(2) a person shall not be qualified for appointment as the judicial member of the appellate tribunal unless he is or has served as a judge of a high courtqualification for appointment of chairperson and judicial member2538 the chairperson and the judicial member of the appellate tribunal shall holdoffice for a term of five years from the date on which they enter upon their office and shall be eligible for re-appointmentterm of office and other conditions of service of chairperson and judicial memberresignation39 the chairperson and judicial member of the appellate tribunal may, by notice inwriting under their hand addressed to the central government, resign their office40 the salaries and allowances payable to, and the other terms and conditions ofservice (including pension, gratuity and other retirement benefits) of, the chairperson and judicial member shall be such as may be prescribed30salaries, allowances and other terms and conditions of service41 (1) the central government may, in consultation with the chief justice of india, remove from office of the chairperson or judicial member of the appellate tribunal, who,—removal of chairperson and judicial member(a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or35(c) has become physically or mentally incapable; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or40(e) has so abused his position as to render his continuance in office prejudicial to the public interest(2) the chairperson or judicial member shall not be removed from his office except by an order made by the central government after an inquiry made by a judge of the supreme court in which such chairperson or judicial member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges542 in the event of occurrence of vacancy in the office of the chairperson, by reason of his death, resignation or otherwise, the senior most judicial member shall act as the chairperson, until the date on which a new chairperson is appointed, in accordance with the provisions of this actjudicial member to act as chairperson of appellate tribunaloath of office and secrecy1043 (1) the chairperson and judicial member shall, before entering upon his office, make and subscribe to an oath of office and secrecy in such form, manner and before such authority, as may be prescribed(2) the chairperson and the judicial members shall not hold any other office during their tenure as a chairperson or a judicial member(3) on ceasing to hold office, the chairperson or a judicial member shall not appear, plead or act before the tribunal or the appellate tribunal15 chapter vi appealsappeals from conviction44 (1) any person aggrieved by an award, order or decision of the genocide tribunal may file an appeal to the appellate tribunal, in such form and manner, as may be prescribed, within ninety days from the date of such award, order or decision20(2) any person aggrieved by any award, order or decision of the appellate tribunal, may file on appeal to the supreme court, within ninety days from the date of such award, order or decision in such form and manner, as may be prescribed2545 (1) the state government may, in any case of conviction, on a trial held by the genocide tribunal direct the public prosecutor to present an appeal against the sentence, to the appellate tribunal on the ground of its inadequacyappeal by state government against sentence(2) when an appeal has been filed on the ground of inadequacy, the appellate tribunal shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for reduction of the sentence30(3) where the appellate tribunal upholds or reduces the sentence, the state government may direct the public prosecutor to present an appeal to the supreme court of india on the ground of inadequacyappeal in case of acquittal46 (1) the state government may direct the public prosecutor to present an appeal to the appellate tribunal from an order of acquittal passed by the state genocide tribunal35(2) no appeal to the appellate tribunal shall be entertained except with the leave of the national genocide appellate tribunal40(3) if such an order of acquittal is passed in any case instituted upon a complaint, and the appellate tribunal, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the appellate tribunal47 where the appellate tribunal, on appeal, reverses an order of acquittal of an accused person and convicts him to sentence of death or imprisonment for life, he may appeal to the supreme courtappeal against conviction by national genocide appellate tribunal4548 after perusing such records and hearing the appellant or his pleader, if he appears, and the public prosecutor, if he appears, and in case of an appeal under section 46 orpowers of appellate tribunalsection 47, the accused, if he appears, the appellate tribunal may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may,—(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;5(b) in an appeal from a conviction—(i) reverse the finding and sentence or acquit the accused, or order him to be re-tried by a tribunal of competent jurisdiction subordinate to such appellate tribunal, or(ii) alter the finding, maintaing the sentence, or10(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same; (c) in an appeal for enhancement of sentence:—15(i) reverse the finding and sentence or acquit the accused or order him to be re-tried by a court competent to try the offence, or(ii) alter the finding maintaining the sentence, or (iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same (d) in an appeal from any other order, alter or reverse such order;20(e) make any amendment or any consequential or incidental order that may be just or proper:provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:25provided further that the appellate tribunal shall not inflict greater punishment for the offence than that ordered for that offence by the court passing the order or sentence under appeal chapter vii submission of death sentences for confirmation3049 (1) when the state genocide tribunal passes a sentence of death, the proceedings shall be submitted to the appellate tribunal, and the sentence shall not be executed unless it is confirmed by the appellate tribunal(2) the state genocide tribunal shall commit the convicted person to jail custody under a warrantsentence of death to be submitted by the state genocide tribunal for confirmation3550 (1) if when such proceedings are submitted, the appellate tribunal thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the state genocide tribunalpowers to direct further inquiry to be made or additional evidence to be taken(2) unless the appellate tribunal otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken51 in any case submitted under section 49, the appellate tribunal—40(a) may confirm the sentence or pass any other sentence warranted by law, orpowers of the appellate tribunal to confirm sentence or annul conviction(b) may annul the conviction, and convict the accused of any offence of which the state genocide tribunal might have convicted him, or order a new trial on the same or on amended charge, or(c) may acquit the accused person: provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of 5 chapter viii reference to high courtreference to high court1052 (1) where the state genocide tribunal is satisfied that a case pending before it involves a question as to the validity of any act, ordinance or regulation or of any provision contained in an act, ordinance or regulation, the determination of which is necessary for disposal of the case, and is of opinion that such act, ordinance, regulation or provision is invalid or inoperative, but has not been so declared by the high court in whose jurisdiction that tribunal is situated or by the supreme court, the state genocide tribunal shall state a case setting out its opinion and the reasons therefore, and refer the same for the decision of the high court15explanation—in this section, "regulation" means any regulation as defined in the general clauses act, 1897 (10 of 1897), or in the general clauses act of a state(2) the state genocide tribunal may, if it thinks fit in any case pending before it to which the provisions of sub-section (1) do not apply, refer for the decision of the high court any question of law arising in the hearing of such case20(3) the state genocide tribunal making reference to the high court under sub-section(1) or sub-section (2) may, pending decision of the high court thereon, either commit the accused to jail or release him on bail to appear when called upon chapter ix witness protection25witness protection fund53 (1) the central government shall, by notification in the official gazette, constitute a fund for each state to be known as the witness protection fund for implementation of witness protection order passed by the competent authority(2) the witness protection fund shall consist of the following:—30(a) budgetary allocation made in the annual budget by the central governmentor a state government, as the case may be;(b) receipt of amount of fines imposed and ordered to be deposited by the tribunalsin the witness protection fund(c) donations and contributions from international, national, philanthropist,charitable institutions, organisations and private individuals35(3) the fund shall be administered by the registrar general of the high court of the concerned statecategories of witness54 based on the threat levels, witnesses shall be classified into the following categories:—40| category 'a': | where the threat extends to life of witness or his family members ||------------------------------------------------------------------------------------------|-----------------------------------------------------------------------|| and their normal way of living is affected for a substantial period during investigation | || trial or even thereafter | || category 'b': | where the threat extends to safety, reputation or property of the || witness or his family members only during the investigation process or trial | |45| category 'c': ||--------------------------------------------------------------------------------------|| intimidation of the witness or his family members, reputation or property during the || investigation process |55 (1) any person who is a witness or intends to be a witness in any proceeding under this act, shall make an application to the competent authority for obtaining protectionprocedure for obtaining witness protection5(2) the competent authority shall pass an order directing the concerned investigatingofficer to conduct a threat assessment study and submit a report, indicating the level of threat within a period of seven days(3) if the apprehended level of threat is high and imminent, the investigating agency shall provide interim protection to the applicant witness(4) within two days from the receipt of the threat assessment report, the competent authority based on the threat level shall pass a witness protection order10(5) upon any such order according protection to witnesses, passed by the competent authority, the competent authority shall monitor the execution of the order and conduct monthly reviews, the report of which shall be submitted to the state genocide tribunaltypes of protection56 the witness protection order measures ordered shall be proportional to the threatof life and property of the witness and may include the following:—15(a) safeguards to the witness so that he could not come face to face duringinvestigation or trial with the accused;(b) monitoring of mail and telephone calls of witnesses; (c) arrangement with the telephone company to change the telephone number ofwitnesses or assign him an unlisted telephone number;20(d) installation of security devices such as security doors, cctv, alarms, fencingat the residence of witness;(e) concealment of identity of the witness by referring to him with the changedname;(f) emergency contact persons for the witness;25(g) close protection, regular patrolling around the witness's house; (h) temporary change of residence to a relative's house or a nearby town; (i) escort to and from the court and provision of government vehicle or a statefunded conveyance for the date of hearing;(j) holding of in-camera trials;30(k) allowing a support person to remain present during recording of statementand deposition;35(l) usage of specially designed vulnerable witness court rooms which havespecial arrangements like live links, one way mirrors and screens apart from separate passages for witness and accused, with option to modify the image of face of the witness and to modify the audio feed of the witness's voice, so that he is not identifiable;(m) expeditious recording of deposition during trial on day to day basis withoutadjournments;40(n) awarding time to time periodical financial aids/grants to the witness fromwitness protection fund for the purpose of re-location, sustenance or starting new vocation/profession, if desired;(o) any other form of protection measures considered necessary, and specifically, those requested by the witness chapter x miscellaneous| 57 | the provisions of this act shall have effect notwithstanding anything inconsistent ||---------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------|| therewith contained in any other law for the time being in force | || act to have | || overriding | || effect | || application of | || act 2 of 1974 | || 1 of 1872 | || 5 | || 58 | except wherein specific procedure is provided for in this act, the provisions of || the code of criminal procedure, 1973 and the indian evidence act, 1872 shall apply to | || this act | || power to make | || rules | || 59 | ( || for carrying out the purposes of this act | |10 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 reasonsthe convention on the prevention and punishment for the crime of genocide, 1948was the first international effort which recognized genocide as a crime against humanity and aimed at ensuring that the horrors of the holocaust of the jews, should not be repeated anywhere else in the world however, due to lack of concerted efforts and ignorance of nation states, the world witnessed some of the worst genocides in human historyindia signed the convention on the prevention and punishment for the crime of genocide, 1948 on 29th november, 1949 and ratified the convention ten years later on 27th august, 1959 however, no concrete steps were taken to enact a legislation concerning addressing the issue india too fell prey to this menace, and witnessed some of the worst crimes perpetrated in indian history, which qualifies as genocide under the convention what is appalling is that we still did not learn our lessons well india conveniently refused to sign the international treaty which led to the establishment of the international criminal court at geneva, which was established to prosecute perpetrators of crimes against humanity due to the lack of any specific legislation on genocide, and our unfulfilled international obligations, these crimes were not adequately punished in such circumstances, the need for a strong legislation on genocide becomes more pressingthe proposed bill seeks to achieve the objectives by—(i) defining the term genocide and stringent punishment for the offence of genocide;(ii) establishing of centre for research to prevent genocide to provide early warning of possible genocides;(iii) setting up of genocide tribunal in each state and a national genocide appellate tribunal; and(iv) providing a comprehensive witness protection programmehence, this billnew delhi;kirti azaddecember 11, 2015 financial memorandumclause 16 of the bill provides for establishment of a centre for research to prevent genocide clause 18 provides for appointment of officers and staff to the centre clause 21 provides for establishment of genocide tribunal clause 27 provides for salary, allowances and other terms and conditions of services of chairperson and judicial member of the tribunal clause 33 provides for recruitment of officers and employees of tribunal clause 34 provides for establishment of national genocide appellate tribunal clause 40 provides for salary, allowances and other terms and conditions of services of chairperson and judicial member of the appellate tribunal clause 53 provides for constitution of witness protection fund the bill, therefore, if enacted, would involve expenditure from the consolidated found of india it is estimated that recurring expenditure of about rupees seven hundred crore would involved per annuma non-recurring expenditure of about rupees four thousand crore is likely to be involved memorandum regarding delegated legislationclause 59 of the bill empowers the central government to make rules for carrying out the provisions of this act as the rules will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character———— a billestablish a mechanism for prevention and punishment for the crime of genocide and for matters connected therewith————(shri kirti azad, mp)gmgipmrnd—4179ls(s3)—12022016

Parliament_bills

5e84ebe7-a0bd-57e2-99f4-184c424e5d6a

the indian lighthouse (amendment) bill, 1959(as in'i1wdtjced in lok sabra on 9111 march, 1959) the indian lighthouse (amendment) bill, 1959 (as introduced in lok sabra) a billfurther to amend the indian lighthouse act, 1927 be it enacted by parliament in the tenth year of the republic of india all follows:-1 this act may be called the indian lighthouse (amendment) shott title act, 1959 1927, 2 in sub-section (1) of section 10 of the indian lighthouse act, amen~~t 1927, for the words "four annas", the words "fifty naye paise" shall be of aecuod 10" 6ubstituted statement of objects and reasonssection 10 (1) of the indian lighthouse act, 1927 (17 of 1927), empowers the central government, by notification in the official gazette, to prescribe rates, not exceeding four annas per ton, at which light-dues shall be payable by ships arriving at or departing from ports in india the rate now prescribed under that section is four annas per ton the existing maximum lim't of four annas per ton is not adequate for the services rendered and for the improvement and development of lighthouses the bill therefore proposes to increase the maximum limit to fifty naye paise per ton new delhi; the 28th february, 1959 s k patil annexure extract from the indian lighthouse act, 1927- (17 of 1927) - - - 10 (1) the central government may, by notification in the om- ~~~ue of cia! gazette, prescribe rates, not exceed;ng four annas per ton, at leviable which light-dues shall be payable, and may prescribe different rates for different classes of ships, or for ships of the same class when in use for different purposes or in different circumstances - - - a bill further to amend the indian lighthouse act, 1927 • (shn s k patll, minister of transport and communications, ) gipd-lsi-zosi (8) l5-6-3-s9-i075

Parliament_bills

3defd5de-5d1c-535a-856d-9001cf157e22

bill no 21 of 2022 the constitution (scheduled tribes) order (amendment) bill, 2022 a billfurther to amend the constitution (scheduled tribes) order, 1950 for inclusion of certain community in the list of scheduled tribes in relation to the state of tripurabe it enacted by parliament in the seventy-third year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled tribes) order (amendment)act, 2022co 2252 in the constitution (scheduled tribes) order, 1950, in the schedule, in part xv—tripura, in entry 9, after item (iii), the following item shall be inserted, namely:—''(iiia) darlong''amendment of constitution (scheduled tribes) order, 1950 statement of objects and reasonsscheduled tribes have been defined in clause (25) of article 366 of the constitution as"such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of this constitution"2 article 342 of the constitution provides as under:—"342 scheduled tribes—(1) the president may with respect to any state or union territory, and where it is a state, after consultation with the governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this constitution be deemed to be scheduled tribes in relation to that state or union territory, as the case may be(2) parliament may by law include in or exclude from the list of scheduled tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification" 3 according to the provisions of article 342 of the constitution, the first list of the scheduled tribes was notified during the year 1950 in respect of various states and union territories, vide the constitution (scheduled tribes) order, 1950 this list was modified from time to time list of scheduled tribes of the state of tripura has been modified, vide, the constitution scheduled castes and scheduled tribes orders (amendment) act, 2002 (10 of 2003) the state government of tripura has requested to include "darlong" community as a sub-tribe of "kuki" in entry 9 in the list of scheduled tribes in respect of state of tripura4 on the basis of recommendation of the state government of tripura, it is proposed to modify the list of scheduled tribes in respect of state of tripura by amending the constitution (scheduled tribes) order, 19505 the constitution (scheduled tribes) order (amendment) bill, 2022 proposes to amend part xv—tripura of the schedule to the constitution (scheduled tribes) order, 1950 to insert "darlong" community as a sub-tribe of "kuki" after sub-tribe "(iii) chhalya" in entry 9 in the list of scheduled tribes6 the bill seeks to achieve the aforesaid objectsnew delhi;arjun mundathe 31st january, 2022 financial memorandumthe bill seeks to amend the constitution (scheduled tribes) order, 1950, by amending the list of scheduled tribes in the state of tripura the amendment in the list of scheduled tribes relating to the state of tripura may entail additional expenditure on account of benefits to be provided to the persons belonging to the communities proposed in the bill under the continuing schemes meant for the welfare of the scheduled tribes2 it is not possible to estimate the likely additional expenditure to be incurred on this account at this stage however, the expenditure, if any, shall be accommodated within the approved budgetary outlay of the government———— a billfurther to amend the constitution (scheduled tribes) order, 1950 for inclusion of certain community in the list of scheduled tribes in relation to the state of tripura————

Parliament_bills

6109fc45-0a26-5434-a6c4-8b8c4a065057

bill no 158 of 2017 the public premises (eviction of unauthorised occupants) amendment bill, 2017 a billfurther to amend the public premises (eviction of unauthorised occupants)act, 1971be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the public premises (eviction of unauthorised occupants)amendment act, 2017as clause (fb) and (fc) respectively, and before clause (fb) as so renumbered, the following clause shall be inserted, namely:––5'(fa) "residential accommodation occupation", in relation to any public premises means occupation by any person on grant of licence to him to occupy such premises on the basis of an order of allotment for a fixed tenure or for a period he holds office, in accordance with the rules and instructions issued in this regard, made under the authority of the central government, a state government, a union territory administration or a statutory authority, as the case may be;'insertion of new section 3b103 in the principal act, after section 3a, the following section shall be inserted, namely:—eviction from residentialaccommodation"3b (1) notwithstanding anything contained in section 4 or section 5, if the estate officer has information that any person, who was granted residential accommodation occupation, is in unauthorised occupation of the said residential accommodation, he shall—15(a) forthwith issue notice in writing calling upon such person to showcause within a period of three working days why an order of eviction should not be made;20(b) cause the notice to be served by having it affixed on the outer door orsome other conspicuous part of the said residential accommodation, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been served upon such person25(2) the estate officer shall, after considering the cause, if any, shown by the person on whom the notice is served under sub-section (1) and after making such inquiry as it deems expedient in the circumstances of the case, for reasons to be recorded in writing, make an order of eviction of such person(3) if the person in unauthorised occupation refuses or fails to comply with the order of eviction referred to in sub-section (2), the estate officer may evict such person from the residential accommodation and take possession thereof and may, for that purpose, use such force as may be necessary"30amendmentof section 74 in section 7 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:—35"(3a) if the person in unauthorised occupation of residential accommodation challenges the eviction order passed by the estate officer under sub-section (2) of section 3b in any court, he shall pay damages for every month for the residential accommodation held by him" statement of objects and reasonsthe public premises (eviction of unauthorised occupants) act, 1971 (the said act), was enacted to provide for eviction of unauthorised occupants from public premises and for certain incidental matters2 government of india provides residential accommodation to its employees, members of parliament and other dignitaries while they are in service or till the term of their office on licence basis as per the existing allotment rules, after the expiry of the terms and conditions of the licence, the occupants of such residential accommodations become unauthorised for staying in such accommodation and should vacate the same the said act, confers powers upon the estate officers to evict such unauthorised occupants from "public premises" in a smooth, speedy and time-bound manner under the existing provisions, the eviction proceedings of unauthorised occupants from "public premises" take around five to seven weeks time it may take around four more weeks if the unauthorised occupants file appeal under the said act however, eviction proceedings take much longer period than the timeline prescribed in the said act sometimes, it takes years to evict the unauthorised occupants3 there are provisions for summary eviction proceedings under section 3a of the said act in case of persons occupying "public premises" temporarily, that is, less than thirty days under the summary proceedings, the estate officer does not have to follow elaborate procedure prescribed, for serving notice, show cause, inquiry, and hearing, as per sections 4 and 5 of the act, before passing eviction order however, these summary proceedings are not applicable to the occupants of residential accommodations given on licence basis it is, therefore, proposed to apply summary eviction procedure to residential accommodation given on licence basis with a short show cause notice of three days to the unauthorised occupants by inserting new section 3b it is also proposed to define the term "residential accommodation occupation" by amending section 24 it is often seen that the unauthorised occupants do not vacate the government accommodation on expiry of the terms and conditions of the licence as per the rules and uses dilatory tactics to withhold the accommodation, by challenging the eviction order before an appellate officer or before the high court and by obtaining stay of the eviction order in order to check this delay, it is also proposed to insert a new sub-section (3a) in section 7 of the act to the effect that if the person challenges the eviction order passed by the estate officer in any court, he has to pay the damages for every month for the residential accommodation held by him5 these amendments would facilitate smooth and speedy eviction of unauthorised occupants from residential accommodations, and ensure retrieval of the residential accommodation from the unauthorised occupants without requiring elaborate procedures under sections 4 and 5 of the said act this will further increase availability of residential accommodations to new incumbents and improve the overall satisfaction level6 the bill seeks to achieve the above objectivesnew delhi;narendra singh tomarthe 21st july, 2017 lok sabha———— a billfurther to amend the public premises (eviction of unauthorised occupants)act, 1971————(shri narendra singh tomar, minister of housing and urban affairs)gmgipmrnd—1467ls(s3)—26-07-2017

Parliament_bills

4860842b-1eb8-5bb0-bac2-d9d01989e432

bill no 97 of 2012 the prevention of bribery in private sector bill, 2012 byshri varun gandhi, mp a billto establish bribery as a criminal offence and to promote effective practices to prevent bribery in private sector and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the prevention of bribery in private sector act, 2012(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "bribe" includes facilitation payments, directly or through third parties, gift, hospitality and expenses which may or perceive to affect the outcome of business transactions, which are not reasonable and bonafide:explanation—the term 'bribe' shall become extortion when the demand of bribe is accompanied by threats that endanger the personal integrity or the life of the person involved, or forced payment of bribe to protect legitimate right or the speed money, for expediting approvals and for providing or not withholding services;(b) "commercial entity" means—5(i) a body incorporated under the laws of india which carries on businessin india or outside india; or(ii) any other body corporate, wherever incorporated, which carries onbusiness, or part of a business, in india; or10(iii) a partnership formed under the law in india which carries on businessin india or outside india; or(iv) any other partnership, wherever formed, which carries on business, orpart of a business, in india:explanation—the term 'business' includes any trade, profession, commerce or manufacture;15(c) 'confiscation' means the permanent deprivation of property by order of a court or other competent authority and also includes forfeiture;20(d) 'foreign public official' means any person holding a legislative, executive, administrative or judicial office of a foreign country, whether appointed or elected as permanent or temporary, paid or unpaid or any person performing a public function or a public service for a foreign country;2521 of 1860 2 of 1882(e) 'non-governmental organisation' means a body incorporated under the laws in india or any other body corporate, wherever incorporated which carries on its charitable or religious activities in india, any society registered under the societies registration act, 1860; a trust registered under the indian trusts act, 1882 or association of persons which carries on its charitable or religious activities in india and includes community based organisations;43 of 1961explanation—the term 'charitable or religious activities' means activities as defined in sub-section (15) of section 2 of the income tax act, 1961:(f) 'person' includes—30(i) an individual; (ii) a company; (iii) a firm; (iv) a society; (v) a trust;35(vi) a hindu undivided family (huf);(vii) an association of persons or a body of individuals, whether incorporated or not;(viii) limited liability partnership;40(ix) every artificial juridical person not falling within any of the preceding sub-clauses; and(x) any agency, office or branch owned or controlled by such person;(g) 'prescribed' means prescribed by rules made under this act; (h) 'proceeds of crime' means any property derived or obtained, directly or indirectly through the commission of offence under this act; and(i) 'property' means assets of every kind, whether corporeal or incorporeal,movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assetsbribery in the private sector53 (1) a person shall be guilty of committing an offence of giving bribe, when committedintentionally in the course of economic, financial or commercial activities when it is established that there is a promise, offering or giving, directly or indirectly, of an undue advantage to any person who directs or works, in any capacity, for a commercial entity, for the person himself or for another person, in order that he in breach of his duties, acts or refrains from acting in certain matters10(2) a person shall be guilty of committing an offence of receiving bribe, when committedintentionally in the course of economic, financial or commercial activities when it is established that there is solicitation or acceptance, directly or indirectly, of an undue advantage by any person who directs or works, in any capacity, for a commercial entity, for the person himself or for another person, in order that he in breach of his duties, acts or refrains from acting in certain matters15offence ofbribery offoreign public officials204 a person shall be guilty of committing an offence of bribery to a foreign publicofficials, when committed intentionally in the conduct of international business, when it is established that there is an offer, promise or giving any undue pecuniary or other advantage, whether directly or through an intermediary, to a foreign public official, for that official or for a third party, in order that the official acts or refrains from acting in relation to the performance of official duties, in order to obtain or retain business or other improper advantageexplanation—for the purpose of this section, offence of bribery of foreign public officials includes complicity, incitement, aiding, abetting and authorization of an act of bribery of a foreign public official or an attempt and conspiracy to bribe a foreign public official255 (1) any person, who in any capacity abets or aids or instigates another person tocommit an offence under sections 3 or 4 shall be deemed to be guilty of offence under that section(2) any person, who attempts to commit an offence under sections 3 or 4 shall bedeemed to be guilty of an offence under that sectionabet, aid or instigate another person to commit an offence of bribery306 a commercial entity shall be guilty of committing an offence under this section if aperson associated with it, bribes another person intending—offence ofbribing byc o m m e r c i a l entity(i) to obtain or retain business for the commercial entity, or (ii) to obtain or retain an advantage in the conduct of business for the commercialentity:35provided that the commercial entity may in defence prove that it has in place adequateprocedures, as may be prescribed, designed to prevent persons associated with it from undertaking such conduct7 a non-governmental organisation shall be guilty of committing an offence underthis section if a person associated with it, bribes another person intending—(i) to obtain or retain assets, grants for the non-governmental organization; or40offence of bribery by nongovernmental organisation(ii) to obtain or retain an advantage in the conduct of its charitable activities:provided that the commercial entity may in defence prove that it has in place adequateprocedures, as may be prescribed, designed to prevent persons associated with it from undertaking such conduct45offence ofbribery bycompany8 (1) where a company contravenes any provision of this act, every person who, atthe time when contravention was committed, was in charge of or was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of offence and be punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised due diligence to prevent such contravention5(2) notwithstanding anything contained in sub-section (1), where any contravention has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of committing contravention and shall be liable to be proceeded against and punished accordingly10explanation—for the purposes of this section,—(i) 'company' means anybody corporate and includes a firm, society, trust, limited liability partnership or other association of persons; and(ii) 'director' in relation to a firm means a partner of the firm and in relation to a trust means trustee of the trustpenalties159 (1) an individual guilty of an offence under sections 3 or 4 shall be liable on the firstoffence, for imprisonment for a term not exceeding five years or to a fine not exceeding rupees three lakh or both and for second or subsequent contravention, for imprisonment for a term not exceeding ten years or to a fine not less than rupees five lakh or both20(2) any other person guilty of an offence under sections 3 or 4 shall be liable on thefirst offence, to a fine not exceeding rupees two lakh and for second or subsequent contravention, to a fine not less than rupees three lakh(3) a person guilty of an offence under section 5 is liable on conviction to a fine notmore than rupees one lakh25confiscation of proceeds of crime10 (1) on conviction of a person the proceeds of crime derived from or involved inoffences under sections 3 or 4, or the property the value of which corresponds to that of such proceeds shall be confiscated(2) if proceeds of crime have been transformed or converted, by the person in part orin full, into other property, such property shall be liable to be confiscated30(3) if proceeds of crime have been intermingled by the person with property acquiredfrom legitimate sources, such property shall be liable to be confiscated up to the assessedvalue of the intermingled proceeds(4) income or other benefits derived by any person from such proceeds of crime, from property into which such proceeds of crime have been transformed or converted or from property with which such proceeds of crime have been intermingled shall also be liable to confiscated in the same manner and to the same extent as proceeds of crime35(5) for the purpose of this section, notwithstanding any rights or privilege provided through any other act or by an agreement between the parties, the adjudicating authority shall have authority to order any bank, financial institution, financial intermediary or commercial entity to provide information, seize or produce records, freeze accounts and remit the proceeds of crime to the designated account40(6) the proceeds of crime confiscated under this act shall vest in the central governmentpower to appoint special judges11 (1) the central government, shall, by notification in the official gazette, appointsuch number of special judges as may be necessary to try the offences punishable under this act452 of 1974(2) a person shall not be qualified for appointment as a special judge under this act unless he is or has been a sessions judge or an additional sessions judge under the code of criminal procedures, 19732 of 1974(3) a special judge shall follow the procedure prescribed by the code of criminalprocedure, 1973 for the trial(4) a special judge, while trying an offence punishable under this act shall exerciseall the powers and functions exercisable by a district judge5appeal and revision2 of 197412 subject to the provisions of this act, the high court may exercise, so far asapplicable, all the powers of appeal and revision conferred by the code of criminal procedure, 1973 on a high court as if the court of special judge was a court of session trying cases within the local limits of the high court10protection of witnesses and reporting persons13 (1) the central government shall take appropriate steps to provide effectiveprotection from potential retaliation or intimidation to witnesses, reporting persons and experts who give testimony concerning offences established under the act and to their relatives(2) the central government shall establish procedures for the physical protection ofsuch witnesses and reporting persons and for non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of such persons15(3) the provisions of the sub-sections (1) and (2) shall also apply to victims in so far as they are witnesses(4) in cases of extortion bribe, if the bribe giver files a complaint, he shall be protectedunder this clause as a whistleblower:provided that this protection shall not be made available in case of speed money2014 (1) the commercial entities shall make adequate procedures, as may be prescribed,designed to prevent persons associated with it from undertaking briberyprevention of bribery by commercial entity(2) the procedures shall provide for commercial entities to establish and ensure the effectiveness of internal controls, ethics and compliance measures for preventing and detecting bribery and shall inter alia, include,—25(i) a clearly articulated and visible policy prohibiting bribery; (ii) instructions for strict compliance with the policy at all levels of the entity; (iii) appropriate disciplinary procedures to address violation of the proceduresat all levels of the entity;(iv) setting up of independent monitoring body;30(v) oversight of ethics and compliance measures and reporting to theindependent monitoring body;35(vi) ensuring applicability of the policy and procedures to third parties such asagents, intermediaries, consultants, representatives, distributors, partners, contractors, advisors, suppliers, associates, subsidiaries and joint venture partners and seeking commitment from such third parties to adhere to policy prohibiting bribery;(vii) measures for periodic communication and training at all levels of the entityof laws against bribery and entity's policy against bribery; and(viii) putting in place an appropriate whistleblower mechanism including rewardsfor reporting and protection of the whistleblowers4015 (1) the banks, financial institutions and other financial intermediaries shall takereasonable steps to determine the identity of beneficial owners of funds deposited into the accounts of such customers in such manner as may be prescribedprevention and detection of proceeds of crime45(2) the banks, financial institutions and other financial intermediaries shall maintainrecord of beneficial owners under sub-section (1) and shall provide such information asand when required by the adjudication authorities16 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force in relation to any of the matters provided under this actprovision of the act not in derogation of any other law for the time being in force power to make rules17 (1) the central government shall, by notification in the official gazette, make rules to carry out the provisions of this act510(2) every rule make 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 problem of bribery has assumed alarming proportions it is estimated that a significant proportion of our gross domestic product is lost on account of this widespread corruption in offices of public and private sector therefore, bribery not only hurts the psyche of the people but it also hurts the economic growth moreover, the problem is more hurting to the poor as they are the most vulnerable section of the societybribery by the government officials is only one part of the issue bribery is also rampant in private sector there is dearth of laws to address the issue of bribery in private sector the bill seeks to provide a legislative framework to resolve the issue the bill also seeks to provide for a witness protection programme to be implemented by the governmenthence this billnew delhi;varun gandhijuly 7, 2012 financial memorandumclause 11 of the bill provides for appointment of special judges to try the offences under this act the bill, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees one hundred crore from the consolidated fund of indiaa non-recurring expenditure of about rupees forty crore is also likely to be involved memorandum regarding delegated legislationclause 17 of the bill empowers the central government to make rules for carrying out the purposes of this bill since the rules will relate to matters of detail only, the delegation of legislation power is of a normal character———— a billto establish bribery as a criminal offence and to promote effective practices to prevent bribery in private sector and for matters connected therewith or incidental thereto————mgipmrnd—2557ls(s3)—30082012

Parliament_bills

05b6dd84-4403-5e69-87e5-95247f06cf16

the constitution (scheduled tribes) order amendment bill, 2006 a billfurther to amend the constitution (scheduled tribes) order, 1950 to modify the list of scheduled tribes in the state of bihar be it enacted by parliament in the fifty-seventh year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled tribes) order amendment act,20062 in the constitution (scheduled tribes) order, 1950, as amended by the scheduled castes and scheduled tribes order (amendment) act, 1976, in the schedule, in part iii relating to bihar, for item 22 (since renumbered as item 21), as appearing in the hindi version of the said act, the following shall be substituted, namely:—108 of 1976 1st october, 1979)"21 lohara, lohra"amendment of the constitution (scheduled tribes) order, 1950, as amended by the scheduled castes and scheduled tribes order (amendment) act, 1976 statement of objects and reasonsthe scheduled castes and the scheduled tribes order (amendment) act, 1976 (108of 1976) made certain amendments in the constitution (scheduled tribes) order, 1950 prior to this amendment, item 20 of the list of scheduled tribes in the state of bihar stood as "lohara or lohra" subsequently, on account of the passing of the scheduled castes and the scheduled tribes order (amendment) act, 1976, item 20 underwent change, wherein "lohara, lohra" appeared at item 22 inadvertently, the word "lohara" appearing in the english version was misspelt as "yksgkj" in the hindi version of the said amendment act2 due to this misspelt word, there has been consistent attempt by lohar (yksgkj ) in bihar, who fall under the category of other backward classes, to be treated as the scheduled tribe and to obtain the constitutional benefits meant for genuine scheduled tribes by taking benefit of the hindi version of item 22 "yksgkj" occurring in the hindi version of the said amendment act of 1976 it may be added that "lohar" is a distinct group and can not be treated as identical to "lohara, lohra" it has, therefore, become necessary to amend the hindi version of the scheduled castes and scheduled tribes order (amendment) act,1976 so as to rectify the error occurred in item 22 by substituting the word "yksgkjk" in place of the existing word "yksgkj"3 the bill seeks to achieve the aforesaid objectivep r kyndiahnew delhi;the 18th july, 2006 rajya sabha———— a billfurther to amend the constitution (scheduled tribes) order, 1950 to modify the list of scheduled tribes in the state of bihar————(shri pr kyndiah, minister of tribal affairs and development of north eastern region)mgipmrnd—1698rs—27-07-2006

Parliament_bills

9e37ae04-3d32-551b-8d56-b1991c980a73

thb goa, dal1ij~ a1\jd diu (jpi:-jion poll) bill, 1966 (to be/as introduced in lok §abha) 1 page 3, line '1 2,-after "elector of" i::sdrt "the" 2 page 6, line 22,-for "hour" read "hours" 3 page 6, line 37,-~ ''hour'' read ''hours'' 4 page 7, line 7,-for "provisions" !:us "the prov1~1ons~~ 5 p "7 1" '1'1'''' ,' ,,\ ,',', - age , ~ne ,-",,' ':"~''','' i ' ':""'~:~i,~'~i'!"~'k' '"""/i~'~tcft,:;ii~'je;::i,,~~·a~ tr~bt;~~''_~~~~~;·'" ""'i,,,,~ i ";;i\_~+ ~ \-, - i' 6 page 8, line 32,-" aft,er "vot'es" omit 'i shall " 7 page 10, line 8,-fqr /land orders" na!l "or orders!' 8 page 13, line 1,-for "recomm~jmtionsn ~ j'recomm'dndationu 9 page 14, line 9,-qfter "goa" for "," r~32d nand" 10 - p ag e 14, 1 in e 1 6 , -fe!: "vehiclec" read "vehicles" i~3\01 nmhi; november 18, 1966 kartika 27, 1888 (saka) the goa, daman and diu (opinion poll) bill, 1966 arrangement of clausesclausj!3 1 short title and commencement 2 definitions 3 opinion poll to ascertain the future status of goa, damn and diu 4 5 6 7 8 '" 9 10 11 12 13 14 persons entitled to vote at opinion poll conduct of opinion poll under the superintendence, direction and control of chief election commissioner opinion poll commissioner assistant opinion poll commissioners opinion poll commissioner to include assistant opinion poll eommissioners performing the functions of opinion poll commissioner general duty of opinion poll commissioner provision of polling stations appointment of presiding officers for polling stations general duty of presiding officer duty of a polling officer staff of every local authority to be made available for work in connection with opinion pou 15 notification for opinion poll 16 fixing time for opinion poll 17 adjournment of opinion poll in emergencies 18 fresh opinion poll in case of destruction, etc, of ballot boxes 19 manner of voting at opinion poll 20 special procedure for voting by certain classes of persons 21 special procedure for preventing personation of elector~ clal1sis22 voting at an opinion poll counting of votes 23 s 25 26 ~atructiod,loss, etc, of ballot papers at the time of counting detjarqtiqn of results report of the result 27 28 29 30 offences at opinion poll fresh opinion poll in case of extensive prevalence of offences referred 'tb""'i11'sectioll 27 other electoral offences :j application of certain provisions of act 43 of 1951 delegation of functiolls 01: chief e~oli' 'cmmrttssionl!1"~ power to make rules 31 32 ~saictttm of emf coutts barrett removal of difficulties 34 but no 81 01 i", 51' g,,! 4:,;; '(j a billto prov~e for the t~kitvg of all opinion poll to ~ertai" tj&e wilhft of the electors of goa, daman and diu with regard to the ~",rc status thereof and for matters connected therewith ~ it enacted by parliament in the seventeenth yeart of the republic of india as follows:- 1 (1) this act may be called the g~, d8iil1plawl :qui ~(~inlon short title poll) ac;t, 1966 i and comm8dce-5 (z)~it shall come int()'force on such date 'as thec~dtral'~~ ment mejlt may, by notification' in the oftlcial gazette appolflt,1 and ·duferent dates may be appointed for different provisions of··this ·aet~ 2 in this act, unless the context otherwise requires,-defini_ tions (a) "administrator" means the administrator of the union territory of goa, daman and diu, appointed by the president under article 239 of the constitution; (b) "chief election commissioner" means the chief election s commissioner appointed by the president under article 324 of the constitution; (c) "daman" means the area comprised in the daman assembly constituency; (d) "diu" means the area comprised in the diu assembly 10 constituency; (e) "elector" means-(i) in relation to goa, a person whose name is entered in the electoral roll of an assembly constituency for the time being in force in goa; and is (ii) in relation to daman and diu, a person whose name is entered in the electoral roll of an assembly constituency for the time being in force either in daman or in diu; ' -' (f) "goa'" m:eans the area comprised in the assembly constitue~:aies o( th~ union territory other than the areas comprised 20 in the daman assembly cpnstituency and the diu assembly constituency; (g) "opinion poll" means a poll taken to ascertain the wishes of the electors in pursuance of the provisions of this act; (h) "prescribed" means prescribed by rules made under this 2' act; (i) "union territory" means the union territory of goa, daman and diu; - j cl') all other words and expressions used but not defined in this act and defined in the representation of the people act, 30 1950 or, as the case may be, in the representation of the people 43 of iho act, 1951 shall have the meanings respectively assigned to them 43 of 1951 in those acts 3 an opinion peil shall be taken for the purpose of ascertaining-(a) the wishes of the electori of goa as to whether goa should merge in the state of maharashtra or should continue to be union territory; s opinion poll to ascertain the future status of goa, daman and diu (b) the wishes of ·the electors of daman and diu as to whether daman and diu should merge in the state of gujarnt or should continue to be union territory 4 subject to the provisions of section 22-persons entitled (a) every elector of an assembly constituency m goa, and tovoteal 10 no other person, shall be entitled to vote at the opinion poll taken opinion in relation to goa; poll (b) every elector of daman assembly constituency and the diu assembly constituency and do other person, shall be entitled to vote at the opinion poll taken in relation to daman and diu is 5 the opinion poll shall be conducted under the superintendence, conduct direction and control of the chief election commissioner c::pinion poll under the superintendence, direction and control of chief election commissioner opinion poll commissioner & the chief election commiaaioner shall designate or nominate one' opinion poll commissioner in relation to the opinion poll in goa and one opinion poll commissioner in relation to the opinion poll in 20 daman and diu and each such opinion poll commissioner shall be an officer of government 7 (1) the chief election commissioner may appoint one or more assistant persons to assist the opinion poll commissioner in the performance opinion of his functions, and every such person shall be an officer of govern- poh com-- missioners 2, ment and shall be called an 8ssistadt pod commissioner (2) every assistant opinion poll commisstoner shall, sabjed to the control of the opinion poll commimioder, be competeat to perform all or any of the functions of the opinion poll commiuioner opi~oa· poucpmmilj8ioner to include a baferences in this act to the opinion poll commissioner shall, unless the context otherwise requires, be deemed to include an assis tant opinion poll commissioner performing any function which he is competent to perform under sub-section (2) of section 7 assis~t opinion pollc~missioners performing the functions of -op~od poll commissioner· • itlshnl:(~ltke)genemudu~tof tjae opinion poll conunissioner 5 ) general duty of opinion poll com_ tqr4~:all suqh act~ and,~things as may be necessary! for' ei!eotually conwjcpj)g; the, i qpijl~on· poll in the manner provided· in this act and the rules or orders made thereunder mis~j: provw~ of polling sta~ 10 the opinion poll commissioner of goa and the opinion poll commissioner of daman and diu shall, with the previous approval of the 10 chief election commissioner provide a sufficient number of polling stations re5pectively for goa and for daman and diu and shall publish, in such manner as the chief election commissioner may direct, a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided is appeint 11 (1) the opinion poll commissioner of goa and the opinion poll men~ ~f-'- commissioner of daman and diu s~n appoint a pretidiolomcet" r pmresulil}sr each· polimg station respectively in goa and in damao and diu and o eers om ffi h· ii for polling s~h pollmg ecor or 0 eers as t e opmlon po colddllssoner constations ceme~thinks necessary, but he shall not appoint any person who has 20 been eaaployeti,by, or on behalf· of, or has been otherwise workingjor, any political party: provided that if a polling omcer is absent from the pqljing statwo, the presiding ofticer ma~ appoint any pel'sc)n who is pj;esent at the pojhng station other than a ,person who has- been employed by, or -25 on behalf of, or has been otherwise working for, any political party to be a polling officer during the absence of the former officer, and inform the opinion poll commissioner concerned accordingly: ~wefl ,twl tlult· d~tlliag in· this su seetion shall prevent the opinion potl~ isner froid appeidtidg the same person to be the 30 presiding olicer' for more than one polling station in the sa~ premises (2) apelling ,&fficer shall, if so directed,by the presiding eticer, perform '811 or any of the fundions of the presiding officer under this s act-and-any rules or orders made thereunder (3) if the presididg officer, owing to illness or other unavoidable cause,is obliged to ·absent himself frem the polling,station, his func~ tions sltall be performei by such polling offiter asbas been previously authorised by the opinion poll commissioner to perform suc~ f~c~ 10 tiods during any such absence (4) references in this act to the presiding omcer sball, unlessl the ~~n~~x~ oth~rwise r~quires,' be deemed to include, any' penon perform ilig any functions which' he is 'directed or authorised'to penorm weier ~uh-sectf()n (2) or' su b:~ttirin (3) l as the case may' be r [5 : 12" it shail be th'e'g~n'eral'duty of the presiding 'offi'celr at a' 'polling general station to keep order thereat' and to see that' the~opjnibu poll' is ,fairly dut~ o! tak· presiding en officer 13 it' shall be the duty of the polling officers at a po1ling station duty of a toassi'st the presiding offi~er for such station in the performance of polling 20 'lifs' functions' \ "r' 1 " " ' officer 14 every local authority in the union' territory sliall~ when so ~ sf, req~emm,rbyr the'~i~wmcemm;s&ioouro,'the ~ion pon eftlf· ,, ~~i9percomemed, uavailawe tosuch opinion poll commis- joc:!, ~h,sfdawd8y, ~decllissarytin theperiermanceofl8llf duties :,be n~: zs ja{,ogqectiod with the opi~ pod made ::~ available for work in connec tionwitb opinion poll 15 the president shall, in consultation with the chief election notifica-commissioner, by notification published in the gazette of india fix tion for the date or dates on which an opinion pon shall be taken in secor op~on dance with the provisions of this act and the rules or orders maae po 30 thereunder in relation to goa or ae; the case mav be daman and diu rt6 the chief e>iection commissioner shall fix the hours ~uring f'lxing whith th~ opinion poll will· ~ taken: and, the hours so·bed shall be t~e for nublished in such manner' as may be prescribed: opini ll on ~ po provided that the total period allotted on anyone day for polung at an opinion poll shall not be less than eight hours adjournmentof opinion poll in emergencies 17 (1) if, at an opinion poll, the proceedings at any polling station provided under section 10 are interrupted or obstructed by any riot or open violence, or if it is not possible to conduct the poll at any 5 polling station on accmlnt of any natural calamity or any other sufficient cause, the presiding officer for such polling station shall announce an adjournment of the opinion poll to a date to be notified later, and where the opinion poll is so adjourned by a presiding officer, he shall forthwith inform the opinion poll commissioner 10 c'oncerned ' , , 1 '7'~' '!i" "8 !w!w, (2) whenever an opinion poll is adjourned under sub-section (1), the opinion poll commissioner shall immediately report the circumstances to the chief election commissioner and shall, as soon as may be, with the previous approval of the chief election commissioner, 15 appoint the day on which the opinion poll sliall recommence and fix the polling station at which and the hours during which the opinion poll will be taken and shall not count the votes cast at such opinion poll until such adjourned opinion poll shall have been completed (3) in every such case as aforesaid, the opinion poll commissioner 20 shall ndtify, in such manner as the chief election commissioner may direct, the date, place and hour of polling ftxed under sub-section (2) 18 (1) if at any opinion poll,-(a) any ballot box used at a polling station is unlawfully taken ~ut of the custody of the presiding officer or is accidental- 25 'y'or intentionally destroyed or lost, or is damaged or tampered witli, to such an extent, that the result of the opinion pod at that polling station cannot be ascertained, or fresh opinion poll in case of destruction, etc, of ballot boxes (b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station, 30 the opinion poll cominissioner shall forthwith report the matter to the chief election commissioner (2) thereupon, the chief election commissioner shall, after taking all material circumstances into account, either-(a) declare the opinion poll at that poning station to be void, 35 appoint a day and, fix the hours, for taking a fresh opinion poll at that polling station and notify the day so appointed and the hour fq fixed in such 'ni~ilner as he may deem flt, or ' (b) if satisfied that the result of a fresh opinion poll at that polling station will riot; in any way, affect the result of the opinion poll! or that the error or irregularity in procedure is not material, issue such directions to the opinion poll commissioner s as he may deem proper for the further conduct and completion of the opinion poll ,'! ' (3) provisions of this act and the rules or orders made thereunder shall apply to every such fresh opinion poll as they apply to the original opil)ion poil~ , ' ii;': ~ ~ 10 19 at the opintori poll, votes shall be given by ballot in such manner as may b prescribed, and no vote shall be received by proxy , , i - : : i ~ ~ ~ manner of voting at opinion is ' , 1" '('l}ri'~"'i'j " poll 20 wi~ 'prej"'d~ l~ the gejleniity of the provisions containe" special in section 19, 'provision may be made by rules m!"dc unti tit, ,,~, procedure for ernabling-" for voting by certain classes of (a) any of the following persons to give his vote by postal persons ballot, and not in any other manner, at an opinion poll, nainely:-(i) a member of the armed forces of the union or, as the 'case ma,y be, of an armed police force of the union terri tory~to' whom the p~ov~ods of sub·section (3) of section 2,~ /' ~1950 20 ;,ort~~ rep,resentation' of the peop~e'act, 1950, apply;' ' , i· ~ i ; , t,: (ii) a person who is employed under the govemmellt'ot: india in a post outside india; ; - i, '( til)' iifu, '; ~i~ i ~f' 'any: such person as is referred to in subclau~~s (i) and (ii) to whom the provisions of subsedion (6) of the said sec,tion 20 apply; :, (b) any persoil' subjeded to prevellt!"e detention under any law for the time being in force, to give his vote by postal banot, and not in' any other'manner, at an opinion pou, subject to the fulfilment of such requirements as may be specified in those rules may ~ ~de by rules m~de under this act,-50 21 with a view '!o preventing personation of electors, provision special procedure for preventing persona tion of electors (a) for the marking with indelible ink on the tjtutnb ~r'any other' fidger, of' every eleetor who applies for a ballot paper for , the:p1jl'po$e' 'ofi votinll at a polling station before delivery of such , , paper to him; 35 ':" 'f' ~~ fm;(i~ip, ~t1i~jir~ ~l~;:~~~~t ~" to any person for voiidg:atyq polling station,if at·the time such,person appij~~~" \~~i~r he has ake~ 5u(b,~ mar~ i~ his thumb or an1 othe~ fiqger ' " :! 1; i' i' ;' i : ~i' , '!1 b j') [j h no') til j i: ~ ,' ' "' , ; : " '1 t" '-22 (1) no pers'on 'shbll ~oteat an opinio~:;pp»"iji:'·~ wpion ~ territory, if he is subject to any of the disqualifications referred to in voting at an opinion poll section~~o~~~~~tw:t~~~ qf,th:e p~~~,!~~a50-i' :':') '(2) n~'b~rsdi1i~m, r~l(1ak~pirrion poh, '~6te ~b~~i~~on~~,~~~; withstanding that his name may have been registered 'in tlie electorj~ r~r~~~fr ~~pr~n~~ ~~;tf ~s ~r~"s~~~~e, ffl~f!~·~t,yrwl~ smllt~ ltd ~ '~3rnd ~1~glf18aif'~gfe';~~v ~ri' ~p~hi~ftd~)fl¥ fig l:rgoit'iia~~¥lf any prison, w~ether und~r a sentence ~f imp~sonment or ~!ansportatibii 'oti ·oth~twls\ij,\:ot:flslih·ltikra\vful :eustoaydof'tf& tp'ormjl' ,~ - - - 0·· i, , ;'''''~'r "i f, "'! orf ·,;m l~oi i'/01u fll ui)l1'j~~ l1i provided that nothing in this sub-section shall apply-tw{,tip~rsahl , ~~2~~t~it~jl?~eyi~r~!~~u ~?:t~~~~?~,,~~~!~ft111~1yj ~f~h~ ~~e being iii in ior"e i j f --',~":j i;t)l) 'f~j :!~'qu l1f; " ,"j /111 ;,1 '~lll :::ll 1) •• ;\ counting of votes destruction,loss, etc, of ballot papers at the time of counting 24 (1) if, at any time before the counting of votes is completed, arty'b'alldt , rs us~· iat" a 011' station ~re' ~lawfudj taken out of'fim" c~a of'tii~:opbit6h ~p~~ '~f~d~~~et' '~r~'mj~:~~~4entany 2~, or intentionally destroyed or lost' or are"aamagecv'or tampered with, -to such an,ext~ • qat the result·elf ~u·pmm~ pqu a~,that,polling station cannot b~ asce~ained, the opin~"poq ~iqjjjf/,an forthwith ~ ·-th~ mat~f t~,t~ ~,j;j~ ~mpwi""'!: i ' ~ 11/ "~"lij ill ii ~;ii:i·)': '~'d ;;,,~, • i "i;t(~:lll':! (1'h" itl 'ii'iiii,i"u, (2) thereupon, the chief election commissioner shall, after tat 30 ing ~1 ~ate~a,1- ~cumstances into account, ~i~er-:-:-" ,,;1;/ t ,~ (a) direct that the courittiig'orvo~jl~h~f;6e ~~: j~li:eul +h •• na)'l"+ n,t -,11i t¥>n +- l ~ wvj_ a cia 'fj~lqjnmmt ~ r~ ~,,, ,~i "' '",·>!""1ifinojmi y, and fix the :40u~ ·for ·taking a freah·opioigl),p9llm,qat:j1olhng " ~am09-'~'1n~tify)!t~ d~y; ~int~:land:h6'h'"qo!l4xe6 in 35 ~\l~' ~~~~ ~~ ~ ma! deem fit, or ;wid i)) '1;(i·~q lo (t>)1 ill satisfied that, the res\llt of· a fresh· opinion poll ~t tba~ polling· stamontwill' not, in my way ajfect the result of the opiniod poll,· issu,ei such, di~ods to the opinion pqll commii-t sioner as he may ,deem··proper for the resumption and completiqil s of the counting and for the further conduct and completion of the opinion par in relation to which the votes have been coujllted (a): tbe provisioijsjoi this act and any rules or orders made ther~~ under'shailapplyttoevery sueh fresh opinion poll as they apply t01 the original opiriion poll l 10 25~" w~n ,t~, ,c0':l~~~n& of, ymes has been completed, the opinion declara-pqu co~~~joyfi:, shall,: unless otherwise directed by the chief tion of ~ ,r -, el~tion coi]lffijs~io'~~~" ~rth~-ith declare th~ result of the opinion results poll' in' til~ ~ariiler"provided, by' tfiisact~c,)~jhe,r~jes made th~e-("~ under !'"" , , ; ~ i t is 28 as $p~;~,m~y~;~ter the result ,of, the opinion poll has been report d~ ~~ pqll com~sioner shaj) report ,the r~ul~ tp the of the a~ ~i(tqitp~i,clji~tj elec~i0:ll gq~i~io~r, ~ the result administrator shall cause the same to be published in the official :j':" 20 : 21 •• secuoft; '~17l'b~ ,(dealing, with the oifencer· of briberh; seetic:a"olfenees 17w; (dea1idgfwdb! theofiedoe)ofundue'lnftuellcft at elections);; sectiod·~l"bpihiorr 171d (dealing with"tbejoflehce~;of personationatelections), sadiad potl" " 171e (dealing with punishment for bribery) and section 171f (deal-, m~\vhw~~ff6fj1ihdfie"ftuid~e,-,0or;npe~bri)(jlt·f1an ~50f1860 2f·eit!ettow) ~t~ lntfiw~£rcba~'~·apply;i1i:·relatf~n·ta' ail ~ otji!lfonltdtltlakel\itwtae¥~tliis aci'subyect· itfthe ·fouowidg modiftca , tiomt;;naitnhf,l:: ' ",;" : (a) any reference to a candidate shall be omitted; (0) adi' refer~llceto election shall be construed as a reference to opinid,ll poll~ (c) anyreler~c~ to el~toral right shau' be construed as,8 reference'to tjie'rigftt of a person to vote or refrain from voting at an opinion poll '/, -' : ~~!"q";~:~i~"'f'c:'·; 28 (l~ if th~ chief el~ti,!w commissioner, on recei~t of a report fresh j5 fram tfie1bpihiori poli"~ommissjoner' or otherwise, is satisfied tbat the op~d opinion poll taken at any polling station or stations has not been a poll m free one by reason that any of the offences referred to in section 27 has been extensively committed in connection with such poll, he may make a report to the president recommending that a fresh opinion poll be taken at such polling station or stations case of extensive preval_ ence of offences referred to in (2) the president may, after considering the report of the chief 5 ~"~ction 27 election commissioner, direct that a fresh opinion poll shall be taken at such polling station or stations in accordance with the provisions of this act and the rules and orders made thereunder and give such further directions for the com4>letion of the opinion poll as he considers necessary 10 other 43 of 1951 ~ie('toral offences 29 the provisions of sections 125 to 132 and 134 to 136 of· the representation of the people act, 1951, shall, so far as may be apply to an opinion poll as they apply to an election under that act, and any reference in those provisions to-is (a) the chief electoral officer shall be omitted; (b) a returning officer and an assistant returning officer shall be construed as a reference to an opinion poll commissioner and an assistant opinion poll commissioner respectively 30 the provisions of sections 160 to 167 of the representation of the people act, 1951, shall apply, so far as may be, to and in 20 relation to an opinion poll as they apply to and in relation to an election and any reference to the state government in those sections shall be construed as a reference to the administrator application of certain provisions of act 43 of 1951 31 the functions of the chief election commissioner under this act or under the rules made thereunder may, subject to such general 25 or special directions, if any, as may be given by the chief election commissioner in this behalf, be performed also by a deputy election commissiuner or by the secretary to the election commission delegation of functions of chief election commis_ sioner power to make rules 32 (1) the central government may, after consultation with the chief election commissioner, by notification in the official gazette, 30 make rules for carrying out the purposes of this act (2) in particular and without prejudice to the generality of the foregooing power, such rules may provide for all or any of the fo11o\,-ing matters, namely:-(a) the duties of the opinion poll commissioner; 35 (b) the duties of presiding officers and polling officers at polling stations; l: ~ : ' t·: (c) the manner in which votes are to be given both generally and in the case of illiterate voters or voters under physical or other disability and of the persons specified under section 20; (d) the manner of publication of the hours during which the 5 opinion poll will be taken; (e) the procedure as to voting to be followed at an opinion poll to prevent personation of electors; (f) the manner of declaration of the result of the opinion poll; 10 (g) any other matter required to be prescribed by, or provided for by rules under, this act 33 no civil court shall have jurisdiction to question the legality jurisdic-01 any action taken or of any decision given by the chief election tion of commissioner or by the opinion poll commiesioner or by any other civil 15 person appointed under this act in connection with an opinion poll ~= 34 if any difficulty arises in giving effect to the provisions of this remcvaj 01 act, the central government may, by order published in the offi- difficulties cial gazette, do anything not inconsistent with- such provisions which appears to it to be necessary or expedient for the purpose of re-20 moving the difficulty stateme~tbi ;b:e~ts and rlasons{h)a, namiiti 'an~fljiri:wereli&oiistituted'int(f a' ubion· territory with effect from the 20th december, 1961 'k:le~itn~e:assembiyi'and a ,-council of ministers' w~re i oojiuftituted in tbe ,union, turitory in december, 1963 there pa&;been ,a demadcl: f:rod)j~seations of ~~~tr:'mah~r~jrrt~;r~~e'~~!u:b~:::~~i~cir;~p:ed:,;= its continuance as a separate entity with a view to taking ii'debision -oijlltll¥ it"'-tjtti1scoqqsidead~",ti:jijdeerwd vtilhes of the i electors ~f this union territor,~tlljxii:tg1nailnapinicjd pilh,dnijtiw\,question whether the goa area should merge in the adjoining state of m~sbtrarqlt~ddb and' whethell thet ,diailaa ,dol)ilrj areas slfuuld ! " , -- d;lerg~'in, tbe'adjoinitlg"8aiat81oi:igli:jarat or aouy''diisibilll,seek;s to ~ n~saar,-lpmrisioir1dmejtakihg tbe:opinioij poll generauy on the ij~ ,tu[,;he oocrespondililg; "}1s11ij\1isftinipof:;fte "''ljaw:!qq:: iifi'! tlc{ (1 cla~,~~: l?j~tt~~ :~hlj~~m~ow~~ u~e pre~~dent tq" fix the· d~ or , ,,' dat~s on wliicii \ne opldlon d~l~an pertajte~" gi~~~+ l>,l"9vld~s that electdts16f:>~~~~1~hl~0 'v~htu~h1i~ ~lli',¢~" '~~h· 'b~ aattljed"to ~6t~ l~et}ie;'61rfi6h'u-: 'l~j ~f{ i:l31{' r' ,·ih~ ~l~oil~:',"'! ab )1 ,j» ", 'iu, shan'be{e~i;dsru y§le ~p~~~q~~on'poif'~~~~~:;~~3:'~:~ provides that the opinion poll shall be conducted under the superintendence, direction and control of the chief election commissioner clause 27 provides that sectionsl7lb, 171c, 171d, 171e and 171f of the indian penal code relating to the offences of bribery, undue influence and personation, shall apply in relation to the opinion pol1 as they apply in relation to an election similarly, clause 29 provides that certain provisions of the representation of the people act, 1951, relating to other electoral offences shall apply to the opinion poll as they apply to an election under that act the bill also makes provision for the appointment of opinion poll commissioners, assistant opinion poll commissioners, presiding officers, polling officers and for other matters connected with the taking of the poll, the result of the poll being declared after the counting of votes and for the publication of the result in the official gazette new delhi; the 14th november, 1966 y b chavan president's rec~ndat10ns_rit>:'article 117 of , ' "the ,ccl)ntsfilitl'tireion of: -du)ia '-~ , , : 11 ~: )dj ii [j'i i', t\"'t [; (t fcopy'of-letter no f3/j2/fi6sr, dat2d ;ui1l-jn~l'iembel',frl9&filn from shri y b chavan, minister of home affairs to the s~cret~ lok)sabhaj" i:; ''< 'i '" :')2n2'r'''~'1 1,1 '-,,:u,;/) ,l!1:j~itlo the preshtent 'having be-eh informed 61 ih~' stthj~cf thgtt~t--'olfi~ iff bill to'provide'for the nt1{fng of an opinion pon to ascett1iin'the'~~';' of the' '~l~c'tonf 'tlcgoi(, dath11n' and '1jm'witli '1igs'rlf jtdl)tjtei 'f\itucr~'li status ther~fand 'for' matters connected: tm~e'mth;'\~ctlirt~ds1111 the 'consi~raflcm:6f'th~'bfn in·t'fie·lok'silbl\a\tih~er~ at~ml~, ~1~~ ,,>[ of ,the cotts'ffttitibn ';, '! " i ' i;; rl;; '; hd" : if i~l') ''f 'ir-i"· c; ir '1,; ",'!";!"', ~-,q ':/1+ 'if; lor bjil; od[ ,~fluij:j~)g t r 'i:,;i·'~ [', i,i" ',j m: "'''~t,h io :whi" '{d ',:,iqqs i1iw !hirw , , ' , , " :' i , ;, ", c, " j 'il q q t; ',: ~ i i j ~ :; ii u q ! to i ii i ii () ;' -' ""' :')'j:l(jl,l',j, :!il',:l:ui'i 'jlit ~ •• ~ ; \ : j' t', ! ' ' l':" 1 r i i" ' ~~ j'~ , • !'!'~;' ; • ,\hi ')l~ ~ -: f () ~'" '" ; , ,,: d')', : ! r: ,;; 'r q" 1 e q ) i ~ --: 'i j + ~; l ;:; l' ,j ,') ~ , ; 1: ': i ,\ j ')')q <-::)'1 : ~ : (; l i! ci; ~ : j i ] ~ ';': ~; '1;: --j 1 i '! r 11 ~)~rl r )')'iz) ;-,i ,f:dqi ,ti ~l!l!lj'i'ji:) "ii; r1j[','! fwij:j9nno:) oi '(1ijti119j floinu "<:rblci e f r'~{~aul iul>dg 1(1 -:')[)'i\) 'id! 10 'ld rd clau:se 3 of the bill provides for opinion poll being taken in goa, daman and diu clauses 6, 7 and 11 pro\'ide for opinion poll commissioners being designated or nominated and for the appointment of assistant opinion poll commissioners, presiding officers and polling officers clause 14 envisages staff of local authorities being utilised in connection with the poll where necessary under clause 10, the opinion poll commissioners have to pro\·ide sufficient number of polling stations for goa, daman and diu clauses 19, 20 and 21 provide for votes being given by ballot and in certain circumstances, by postal ballot and the use of indelible ink for marking the thumb or any other finger of the elector who applies for the ballot paper sections 160 and 161 of the representation of the people act, 1951, which will apply by virtue of clause 30 to and in relr; tion to the opinion poll as they apply to and in relation to an election, envisage requisitioning of premises vehiclec etc for the purposes of the opinion poll and payment of compensation the provisions mentioned above if enacted and brought into force will involve expenditure from the consolidated fund of india on account of travelling allowance of the officers and staff engaged on the poll, for setting up polling stations, for the printing of ballot papers, purchase of indelible ink and payment of compensation in respect of premises requisitioned the expenditure will be of a nonrecurring nature and in the light of the expenditure incurred in the union territory in connection with th~ elections in 1963 is expected to be of the order of about rupees 3' 9 lakhs memorandum regarding delegated legislationclause 32 read with clauses 9, 11, 19, 20 and 21 of the bill empowers thl? central government to make rules with regard to certain matters the matters in respect of which such rules may be made i:l:':udc, inter alia, the duties of the opinion poll commissioners, the presiding officers and polling officers, the manner in which votes shall be givan, the procedure as to voting at opinion poll to prevent p2rsonation, etc the matters in respect of wh:ch rules may be made are matters of administrative detail and procedure and as such the delegation of legislative power is of a normal character :-'!'),iclq[f!" [la: 'jr-!; 1u ~::: bw; o~· q; :: q c92usb chiw bs~n !:f: 9(!1jsi~ nlt~~1rj'))j f)1r~rl1 rl~:j/ :-:<u :,,~ en j~ :11~mln~:)vo~ lbl;rl~'_) ',rj; 'jbgm 9d '{sen 29iu'i rbi:2 rbat'll 10 jj9qg~j1 ni 21sjjf>m srit 219jl£m 219[[oi2gjmmo~ iioq cioiniqr <'c t c • i9isub 9rlt ,nlj) 1!,;jni 1'~t:ui~cii :':':0"1 !!:->:rlw oi '!~nnfmjfi~:,ls,~,) a!1:r'oq bl1s ~1'j')mo gnibi291q ~cu jn9'l91q (lj iioq non:qo 1c ~rrj;v (,! i;£ s:ub9:0-:rq uu ,n~,v[a sd u£da :)j9 ,cio;1sci021~q 2i9j1sm 91s sbsm sj '{hm 2'3!ll1 c:~:rlw 10 !:9q291 nl 219tjem !ldt 10 ctoitss9l9b 9ch ri~u2 2s bus 9'lub~~:11q bns est9b· s'lijslteinimba·lo 19t:>slsd:> !sanotl s 10 al 1!)woq 'vus121a,1 a ~ 1 lito provide fo: tbe takint: of an opinion poll to ascertain tl:e wishes of the eleetos of goo, daman and diu with regard to the fu'ture sratus thereoi and fo!" matters connected therewith (shn' y b chavan, minister of home affairs)

Parliament_bills

c9e03b88-0983-5cd4-a8b8-01513b6b7b13

bill no 58 of 2017 the integrated goods and services tax bill, 2017——————arrangement of clauses—————— clauses chapter i preliminary1 short title, extent and commencement 2 definitions chapter ii administration3 appointment of officers 4 authorisation of officers of state tax or union territory tax as proper officer incertain circumstances chapter iii levy and collection of tax5 levy and collection6 power to grant exemption from tax chapter iv determination of nature of supply7 inter-state supply 8 intra-state supply 9 supplies in territorial waters chapter v place of supply of goods or services or both10 place of supply of goods other than supply of goods imported into, or exportedfrom india11 place of supply of goods imported into, or exported from india12 place of supply of services where location of supplier and recepient is in india 13 place of supply of services where location of supplier or location of receipient isoutside india14 special provision for payment of tax by a supplier of online information anddatabase access or retrieval services (ii) clauses chapter vi refund of integrated tax to international tourist15 refund of integrated tax paid on supply of goods to tourist leaving india chapter vii zero rated supply16 zero rated supply chapter viii apportionment of tax and settlement of funds17 apportionment of tax and settlement of funds 18 transfer of input tax credit 19 tax wrongfully collected and paid to central government or state government chapter ix miscellaneous20 application of provisions of central goods and services tax act 21 import of services made on or after the appointed day 22 power to make rules 23 power to make regulations 24 laying of rules, regulations and notifications 25 removal of difficultiesbill no 58 of 2017 the integrated goods and services tax bill, 2017 a billto make a provision for levy and collection of tax on inter-state supply of goods or servicesor both by the central government and for matters 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 integrated goods and services tax act, 2017(2) it shall extend to the whole of india except the state of jammu and kashmirshort title, extent and commencement(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint:provided that different dates may be appointed for different provisions of this actdefinitions2 in this act, unless the context otherwise requires,––(1) "central goods and services tax act" means the central goods and services tax act, 2017;5(2) ''central tax" means the tax levied and collected under the central goods and services tax act;10(3) "continuous journey" means a journey for which a single or more than one ticket or invoice is issued at the same time, either by a single supplier of service or through an agent acting on behalf of more than one supplier of service, and which involves no stopover between any of the legs of the journey for which one or more separate tickets or invoices are issuedexplanation––for the purposes of this clause, the term "stopover" means a place where a passenger can disembark either to transfer to another conveyance or break his journey for a certain period in order to resume it at a later point of time;(4) "customs frontiers of india" means the limits of a customs area as defined in section 2 of the customs act, 1962;52 of 196215(5) "export of goods" with its grammatical variations and cognate expressions, means taking goods out of india to a place outside india;(6) "export of services" means the supply of any service when,––(i) the supplier of service is located in india; (ii) the recipient of service is located outside india;20(iii) the place of supply of service is outside india; (iv) the payment for such service has been received by the supplier of service in convertible foreign exchange; and25(v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with explanation 1 in section 8;30(7) "fixed establishment" means a place (other than the registered place of business) which is characterised by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services or to receive and use services for its own needs;(8) "goods and services tax (compensation to states) act" means the goods and services tax (compensation to states) act, 2017;(9) "government" means the central government;35(10) ''import of goods" with its grammatical variations and cognate expressions, means bringing goods into india from a place outside india;(11) ''import of services" means the supply of any service, where––(i) the supplier of service is located outside india; (ii) the recipient of service is located in india; and (iii) the place of supply of service is in india;40(12) "integrated tax" means the integrated goods and services tax levied under this act;45(13) "intermediary" means a broker, an agent or any other person, by whatever name called, who arranges or facilitates the supply of goods or services or both, or securities, between two or more persons, but does not include a person who supplies such goods or services or both or securities on his own account;(14) "location of the recipient of services" means,––(a) where a supply is received at a place of business for which theregistration has been obtained, the location of such place of business;5(b) where a supply is received at a place other than the place of businessfor which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment;(c) where a supply is received at more than one establishment, whetherthe place of business or fixed establishment, the location of the establishment most directly concerned with the receipt of the supply; and10 (d) in absence of such places, the location of the usual place of residenceof the recipient;(15) "location of the supplier of services" means,––(a) where a supply is made from a place of business for which theregistration has been obtained, the location of such place of business;15(b) where a supply is made from a place other than the place of businessfor which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment;20(c) where a supply is made from more than one establishment, whetherthe place of business or fixed establishment, the location of the establishment most directly concerned with the provision of the supply; and(d) in absence of such places, the location of the usual place of residenceof the supplier;25(16) "non-taxable online recipient" means any government, local authority,governmental authority, an individual or any other person not registered and receiving online information and database access or retrieval services in relation to any purpose other than commerce, industry or any other business or profession, located in taxable territoryexplanation––for the purposes of this clause, the expression "governmental authority" means an authority or a board or any other body,––(i) set up by an act of parliament or a state legislature; or30(ii) established by any government,with ninety per cent or more participation by way of equity or control, to carry out any function entrusted to a municipality under article 243w of the constitution;35(17) "online information and database access or retrieval services" meansservices whose delivery is mediated by information technology over the internet or an electronic network and the nature of which renders their supply essentially automated and involving minimal human intervention and impossible to ensure in the absence of information technology and includes electronic services such as,––(i) advertising on the internet;40(ii) providing cloud services; (iii) provision of e-books, movie, music, software and other intangiblesthrough telecommunication networks or internet;(iv) providing data or information, retrievable or otherwise, to any personin electronic form through a computer network;45(v) online supplies of digital content (movies, television shows, musicand the like);(vi) digital data storage; and (vii) online gaming;(18) "output tax", in relation to a taxable person, means the integrated 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;528 of 2005(19) "special economic zone" shall have the same meaning as assigned to it in clause (za) of section 2 of the special economic zones act, 2005;28 of 2005(20) "special economic zone developer" shall have the same meaning as assigned to it in clause (g) of section 2 of the special economic zones act, 2005 and includes an authority as defined in clause (d) and a co-developer as defined in clause (f ) of section 2 of the said act;10(21) "supply" shall have the same meaning as assigned to it in section 7 of the central goods and services tax act;(22) "taxable territory" means the territory to which the provisions of this act apply;(23) "zero-rated supply" shall have the meaning assigned to it in section 16;15(24) words and expressions used and not defined in this act but defined in the central goods and services tax act, the union territory 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 acts;20(25) any reference in this act to a law which is not in force in the state of jammu and kashmir, shall, in relation to that state be construed as a reference to the corresponding law, if any, in force in that state chapter ii administrationappointment of officers3 the board may appoint such central tax officers as it thinks fit for exercising the powers under this act25304 without prejudice to the provisions of this act, the officers appointed under the state goods and services tax act or the union territory goods and services tax act are authorised to be the proper officers for the purposes of this act, subject to such exceptions and conditions as the government shall, on the recommendations of the council, by notification, specifyauthorisation of officers of state tax or union territory tax as proper officer in certain circumstances chapter iii levy and collection of taxlevy and collection355 (1) subject to the provisions of sub-section (2), there shall be levied a tax called the integrated goods and services tax on all inter-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 forty per cent, as may be notified by the government on the recommendations of the council and collected in such manner as may be prescribed and shall be paid by the taxable person:4051 of 1975 52 of 1962provided that the integrated tax on goods imported into india shall be levied and collected in accordance with the provisions of section 3 of the customs tariff act, 1975 on the value as determined under the said act at the point when duties of customs are levied on the said goods under section 12 of the customs act, 196245(2) the integrated 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 government on the recommendations of the council5(3) the government may, on the recommendations of the council, by notification, 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 both(4) the integrated 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 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 both10(5) the government may, on the recommendations of the council, by notification, specify categories of services, the tax on inter-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:15provided 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:20provided further that where an electronic commerce operator does not have a physical presence in the taxable territory and also 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 tax256 (1) where the government is satisfied that it is necessary in the public interest 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 notification30(2) where the 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 leviable35(3) the 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 be40explanation–– 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 determination of nature of supplyinter-state supply457 (1) subject to the provisions of section 10, supply of goods, where the location of the supplier and the place of supply are in––(a) two different states;(b) two different union territories; or (c) a state and a union territory,shall be treated as a supply of goods in the course of inter-state trade or commerce(2) supply of goods imported into the territory of india, till they cross the customs frontiers of india, shall be treated to be a supply of goods in the course of inter-state trade or commerce5(3) subject to the provisions of section 12, supply of services, where the location of the supplier and the place of supply are in––(a) two different states; (b) two different union territories; or (c) a state and a union territory, shall be treated as a supply of services in the course of inter-state trade or commerce10(4) supply of services imported into the territory of india shall be treated to be a supply of services in the course of inter-state trade or commerce(5) supply of goods or services or both,––(a) when the supplier is located in india and the place of supply is outside india;15(b) to or by a special economic zone developer or a special economic zone unit; or(c) in the taxable territory, not being an intra-state supply and not covered elsewhere in this section,20shall be treated to be a supply of goods or services or both in the course of inter-state trade or commerceintra-state supply8 (1) subject to the provisions of section 10, supply of goods where the location of the supplier and the place of supply of goods are in the same state or same union territory shall be treated as intra-state supply:25provided that the following supply of goods shall not be treated as intra-state supply, namely:––(i) supply of goods to or by a special economic zone developer or a special economic zone unit;(ii) goods imported into the territory of india till they cross the customs frontiers of india; or30(iii) supplies made to a tourist referred to in section 15(2) subject to the provisions of section 12, supply of services where the location of the supplier and the place of supply of services are in the same state or same union territory shall be treated as intra-state supply:35provided that the intra-state supply of services shall not include supply of services to or by a special economic zone developer or a special economic zone unitexplanation 1––for the purposes of this act, where a person has,––(i) an establishment in india and any other establishment outside india; (ii) an establishment in a state or union territory and any other establishment outside that state; or40(iii) an establishment in a state or union territory and any other establishment being a business vertical registered within that state or union territory, then such establishments shall be treated as establishments of distinct personsexplanation 2––a person carrying on a business through a branch or an agency or a representational office in any territory shall be treated as having an establishment in that territory9 notwithstanding anything contained in this act,––supplies in territorial waters(a) where the location of the supplier is in the territorial waters, the location of such supplier; or(b) where the place of supply is in the territorial waters, the place of supply,5shall, for the purposes of this act, be deemed to be in the coastal state or union territory where the nearest point of the appropriate baseline is located chapter v place of supply of goods or services or both10 (1) the place of supply of goods, other than supply of goods imported into, or exported from india, shall be as under,––10(a) where the supply involves movement of goods, whether by the supplier or the recipient or by any other person, the place of supply of such goods shall be the location of the goods at the time at which the movement of goods terminates for delivery to the recipient;place of supply of goods otherthan supply ofgoods imported into, or exported from india15 20(b) where the goods are delivered by the supplier to a recipient or any other person on the direction of a third person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to the goods or otherwise, it shall be deemed that the said third person has received the goods and the place of supply of such goods shall be the principal place of business of such person;(c) where the supply does not involve movement of goods, whether by the supplier or the recipient, the place of supply shall be the location of such goods at the time of the delivery to the recipient;25(d) where the goods are assembled or installed at site, the place of supply shall be the place of such installation or assembly;(e) where the goods are supplied on board a conveyance, including a vessel, an aircraft, a train or a motor vehicle, the place of supply shall be the location at which such goods are taken on board30(2) where the place of supply of goods cannot be determined, the place of supply shall be determined in such manner as may be prescribed11 the place of supply of goods,––(a) imported into india shall be the location of the importer; (b) exported from india shall be the location outside indiaplace of supply of goods imported into, or exported from india3512 (1) the provisions of this section shall apply to determine the place of supply of services where the location of supplier of services and the location of the recipient of services is in india(2) the place of supply of services, except the services specified in sub-sections (3)to (14),––place of supply of services where location of supplier and recipient is in india(a) made to a registered person shall be the location of such person; (b) made to any person other than a registered person shall be,––40(i) the location of the recipient where the address on record exists; and (ii) the location of the supplier of services in other cases (3) the place of supply of services,––(a) directly in relation to an immovable property, including services provided by architects, interior decorators, surveyors, engineers and other related experts or45estate agents, any service provided by way of grant of rights to use immovable property or for carrying out or co-ordination of construction work; or (b) by way of lodging accommodation by a hotel, inn, guest house, home stay, club or campsite, by whatever name called, and including a house boat or any other vessel; or5(c) by way of accommodation in any immovable property for organising any marriage or reception or matters related thereto, official, social, cultural, religious or business function including services provided in relation to such function at such property; or(d) any services ancillary to the services referred to in clauses (a), (b) and (c),10shall be the location at which the immovable property or boat or vessel, as the case may be, is located or intended to be located:provided that if the location of the immovable property or boat or vessel is located or intended to be located outside india, the place of supply shall be the location of the recipient15explanation––where the immovable property or boat or vessel is located in more than one state or union territory, the supply of services shall be treated as made in each of the respective states or union territories, in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed20(4) the place of supply of restaurant and catering services, personal grooming, fitness, beauty treatment, health service including cosmetic and plastic surgery shall be the location where the services are actually performed(5) the place of supply of services in relation to training and performance appraisal to,––(a) a registered person, shall be the location of such person;25(b) a person other than a registered person, shall be the location where the services are actually performed30(6) the place of supply of services provided by way of admission to a cultural, artistic, sporting, scientific, educational, entertainment event or amusement park or any other place and services ancillary thereto, shall be the place where the event is actually held or where the park or such other place is located(7) the place of supply of services provided by way of ,—(a) organisation of a cultural, artistic, sporting, scientific, educational or entertainment event including supply of services in relation to a conference, fair, exhibition, celebration or similar events; or35(b) services ancillary to organisation of any of the events or services referred to in clause (a) , or assigning of sponsorship to such events,––(i) to a registered person, shall be the location of such person;40(ii) to a person other than a registered person, shall be the place wherethe event is actually held and if the event is held outside india, the place of supply shall be the location of the recipient45explanation––where the event is held in more than one state or union territory and a consolidated amount is charged for supply of services relating to such event, the place of supply of such services shall be taken as being in each of the respective states or union territories in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed(8) the place of supply of services by way of transportation of goods, including by mail or courier to,––(a) a registered person, shall be the location of such person;5(b) a person other than a registered person, shall be the location at which suchgoods are handed over for their transportation(9) the place of supply of passenger transportation service to,—(a) a registered person, shall be the location of such person; (b) a person other than a registered person, shall be the place where the passenger embarks on the conveyance for a continuous journey:10provided that where the right to passage is given for future use and the point ofembarkation is not known at the time of issue of right to passage, the place of supply of such service shall be determined in accordance with the provisions of sub-section (2)15explanation––for the purposes of this sub-section, the return journey shall be treated as a separate journey, even if the right to passage for onward and return journey is issued at the same time (10) the place of supply of services on board a conveyance, including a vessel, an aircraft, a train or a motor vehicle, shall be the location of the first scheduled point of departure of that conveyance for the journey20(11) the place of supply of telecommunication services including data transfer, broadcasting, cable and direct to home television services to any person shall,—25(a) in case of services by way of fixed telecommunication line, leased circuits, internet leased circuit, cable or dish antenna, be the location where the telecommunication line, leased circuit or cable connection or dish antenna is installed for receipt of services;(b) in case of mobile connection for telecommunication and internet services provided on post-paid basis, be the location of billing address of the recipient of services on the record of the supplier of services;30(c) in cases where mobile connection for telecommunication, internet service and direct to home television services are provided on pre-payment basis through a voucher or any other means,––35(i) through a selling agent or a re-seller or a distributor of subscriber identity module card or re-charge voucher, be the address of the selling agent or re-seller or distributor as per the record of the supplier at the time of supply; or(ii) by any person to the final subscriber, be the location where such prepayment is received or such vouchers are sold;40(d) in other cases, be the address of the recipient as per the records of the supplier of services and where such address is not available, the place of supply shall be location of the supplier of services:provided that where the address of the recipient as per the records of the supplier of services is not available, the place of supply shall be location of the supplier of services:45provided further that if such pre-paid service is availed or the recharge is made through internet banking or other electronic mode of payment, the location of the recipient of services on the record of the supplier of services shall be the place of supply of such services5explanation––where the leased circuit is installed in more than one state or union territory and a consolidated amount is charged for supply of services relating to such circuit, the place of supply of such services shall be taken as being in each of the respective states or union territories in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed(12) the place of supply of banking and other financial services, including stock broking services to any person shall be the location of the recipient of services on the records of the supplier of services:10provided that if the location of recipient of services is not on the records of the supplier, the place of supply shall be the location of the supplier of services(13) the place of supply of insurance services shall,––(a) to a registered person, be the location of such person;15(b) to a person other than a registered person, be the location of the recipient of services on the records of the supplier of services20(14) the place of supply of advertisement services to the central government, a state government, a statutory body or a local authority meant for the states or union territories identified in the contract or agreement shall be taken as being in each of such states or union territories and the value of such supplies specific to each state or union territory shall be in proportion to the amount attributable to services provided by way of dissemination in the respective states or union territories as may be determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed2513 (1) the provisions of this section shall apply to determine the place of supply of services where the location of the supplier of services or the location of the recipient of services is outside india(2) the place of supply of services except the services specified in sub-sections (3)to (13) shall be the location of the recipient of services:place of supply of services where location of supplier or location of recipient is outside india30provided that where the location of the recipient of services is not available in the ordinary course of business, the place of supply shall be the location of the supplier of services(3) the place of supply of the following services shall be the location where the services are actually performed, namely:—35(a) services supplied in respect of goods which are required to be made physically available by the recipient of services to the supplier of services, or to a person acting on behalf of the supplier of services in order to provide the services: provided that when such services are provided from a remote location by way of electronic means, the place of supply shall be the location where goods are situated at the time of supply of services:40 provided further that nothing contained in this clause shall apply in the case of services supplied in respect of goods which are temporarily imported into india for repairs and are exported after repairs without being put to any other use in india, than that which is required for such repairs;45(b) services supplied to an individual, represented either as the recipient of services or a person acting on behalf of the recipient, which require the physical presence of the recipient or the person acting on his behalf, with the supplier for the supply of services5(4) the place of supply of services supplied directly in relation to an immovable property, including services supplied in this regard by experts and estate agents, supply of accommodation by a hotel, inn, guest house, club or campsite, by whatever name called, grant of rights to use immovable property, services for carrying out or co-ordination of construction work, including that of architects or interior decorators, shall be the place where the immovable property is located or intended to be located(5) the place of supply of services supplied by way of admission to, or organisation of a cultural, artistic, sporting, scientific, educational or entertainment event, or a celebration, conference, fair, exhibition or similar events, and of services ancillary to such admission or organisation, shall be the place where the event is actually held10(6) where any services referred to in sub-section (3) or sub-section (4) or sub-section (5) is supplied at more than one location, including a location in the taxable territory, its place of supply shall be the location in the taxable territory15(7) where the services referred to in sub-section (3) or sub-section (4) or sub-section (5) are supplied in more than one state or union territory, the place of supply of such services shall be taken as being in each of the respective states or union territories and the value of such supplies specific to each state or union territory shall be in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed20(8) the place of supply of the following services shall be the location of the supplier of services, namely:––(a) services supplied by a banking company, or a financial institution, or a non-banking financial company, to account holders;25(b) intermediary services;(c) services consisting of hiring of means of transport, including yachts but excluding aircrafts and vessels, up to a period of one monthexplanation––for the purposes of this sub-section, the expression,––(a) "account" means an account bearing interest to the depositor, and includes a non-resident external account and a non-resident ordinary account;302 of 1934(b) "banking company" shall have the same meaning as assigned to it under clause (a) of section 45a of the reserve bank of india act, 1934;2 of 1934(c) ''financial institution" shall have the same meaning as assigned to itin clause (c) of section 45-i of the reserve bank of india act, 1934;35(d) "non-banking financial company" means,––(i) a financial institution which is a company; (ii) a non-banking institution which is a company and which has asits principal business the receiving of deposits, under any scheme or arrangement or in any other manner, or lending in any manner; or40 (iii) such other non-banking institution or class of such institutions,as the reserve bank of india may, with the previous approval of the central government and by notification in the official gazette, specify(9) the place of supply of services of transportation of goods, other than by way of mail or courier, shall be the place of destination of such goods45(10) the place of supply in respect of passenger transportation services shall be the place where the passenger embarks on the conveyance for a continuous journey(11) the place of supply of services provided on board a conveyance during the course of a passenger transport operation, including services intended to be wholly or substantially consumed while on board, shall be the first scheduled point of departure of that conveyance for the journey5(12) the place of supply of online information and database access or retrieval services shall be the location of the recipient of servicesexplanation––for the purposes of this sub-section, person receiving such services shall be deemed to be located in the taxable territory, if any two of the following noncontradictory conditions are satisfied, namely:––10(a) the location of address presented by the recipient of services through internetis in the taxable territory;(b) the credit card or debit card or store value card or charge card or smart cardor any other card by which the recipient of services settles payment has been issued in the taxable territory;15(c) the billing address of the recipient of services is in the taxable territory; (d) the internet protocol address of the device used by the recipient of servicesis in the taxable territory;(e) the bank of the recipient of services in which the account used for paymentis maintained is in the taxable territory;20(f) the country code of the subscriber identity module card used by the recipientof services is of taxable territory;(g) the location of the fixed land line through which the service is received bythe recipient is in the taxable territory25(13) in order to prevent double taxation or non-taxation of the supply of a service, or for the uniform application of rules, the government shall have the power to notify any description of services or circumstances in which the place of supply shall be the place of effective use and enjoyment of a service3014 (1) on supply of online information and database access or retrieval services by any person located in a non-taxable territory and received by a non-taxable online recipient, the supplier of services located in a non-taxable territory shall be the person liable for paying integrated tax on such supply of services:special provision for payment of tax by a supplier of online information and database access or retrieval services35provided that in the case of supply of online information and database access or retrieval services by any person located in a non-taxable territory and received by a nontaxable online recipient, an intermediary located in the non-taxable territory, who arranges or facilitates the supply of such services, shall be deemed to be the recipient of such services from the supplier of services in non-taxable territory and supplying such services to the non-taxable online recipient except when such intermediary satisfies the following conditions, namely:––40(a) the invoice or customer's bill or receipt issued or made available by such intermediary taking part in the supply clearly identifies the service in question and its supplier in non-taxable territory;(b) the intermediary involved in the supply does not authorise the charge to the customer or take part in its charge which is that the intermediary neither collects or processes payment in any manner nor is responsible for the payment between the non-taxable online recipient and the supplier of such services;45(c) the intermediary involved in the supply does not authorise delivery; and (d) the general terms and conditions of the supply are not set by the intermediary involved in the supply but by the supplier of services(2) the supplier of online information and database access or retrieval services referred to in sub-section (1) shall, for payment of integrated tax, take a single registration under the simplified registration scheme to be notified by the government:5provided that any person located in the taxable territory representing such supplier for any purpose in the taxable territory shall get registered and pay integrated tax on behalf of the supplier:provided further that if such supplier does not have a physical presence or does not have a representative for any purpose in the taxable territory, he may appoint a person in the taxable territory for the purpose of paying integrated tax and such person shall be liable for payment of such tax10 chapter vi refund of integrated tax to international tourist1515 the integrated tax paid by tourist leaving india on any supply of goods taken out of india by him shall be refunded in such manner and subject to such conditions and safeguards as may be prescribedrefund of integrated tax paid on supply of goods to tourist leaving indiaexplanation––for the purposes of this section, the term "tourist" means a person not normally resident in india, who enters india for a stay of not more than six months for legitimate non-immigrant purposes chapter vii zero rated supply20zero rated supply16 (1) "zero rated supply" means any of the following supplies of goods or services or both, namely:––(a) export of goods or services or both; or25(b) supply of goods or services or both to a special economic zone developer or a special economic zone unit (2) subject to the provisions of sub-section (5) of section 17 of the central goods and services tax act, credit of input tax may be availed for making zero-rated supplies, notwithstanding that such supply may be an exempt supply(3) a registered person making zero rated supply shall be eligible to claim refund under either of the following options, namely:––30(a) he may supply goods or services or both under bond or letter of undertaking, subject to such conditions, safeguards and procedure as may be prescribed, without payment of integrated tax and claim refund of unutilised input tax credit; or35(b) he may supply goods or services or both, subject to such conditions,safeguards and procedure as may be prescribed, on payment of integrated tax and claim refund of such tax paid on goods or services or both supplied,in accordance with the provisions of section 54 of the central goods and services tax act or the rules made thereunder chapter viii apportionment of tax and settlement of funds4017 (1) out of the integrated tax paid to the central government,––apportionment of tax and settlement of funds(a) in respect of inter-state supply of goods or services or both to an unregisteredperson or to a registered person paying tax under section 10 of the central goods and services tax act;45(b) in respect of inter-state supply of goods or services or both where theregistered person is not eligible for input tax credit;(c) in respect of inter-state supply of goods or services or both made in a financial year to a registered person, where he does not avail of the input tax credit within the specified period and thus remains in the integrated tax account after expiry of the due date for furnishing of annual return for such year in which the supply was made;5(d) in respect of import of goods or services or both by an unregistered person or by a registered person paying tax under section 10 of the central goods and services tax act;(e) in respect of import of goods or services or both where the registered person is not eligible for input tax credit;10(f) in respect of import of goods or services or both made in a financial year by a registered person, where he does not avail of the said credit within the specified period and thus remains in the integrated tax account after expiry of the due date for furnishing of annual return for such year in which the supply was received, the amount of tax calculated at the rate equivalent to the central tax on similar intra-state supply shall be apportioned to the central government15(2) the balance amount of integrated tax remaining in the integrated tax account in respect of the supply for which an apportionment to the central government has been done under sub-section (1) shall be apportioned to the,––(a) state where such supply takes place; and20(b) central government where such supply takes place in a union territory: provided that where the place of such supply made by any taxable person cannot be determined separately, the said balance amount shall be apportioned to,––(a) each of the states; and (b) central government in relation to union territories,25in proportion to the total supplies made by such taxable person to each of such states or union territories, as the case may be, in a financial year:30provided further that where the taxable person making such supplies is not identifiable, the said balance amount shall be apportioned to all states and the central government in proportion to the amount collected as state tax or, as the case may be, union territory tax, by the respective state or, as the case may be, by the central government during the immediately preceding financial year(3) the provisions of sub-sections (1) and (2) relating to apportionment of integrated tax shall, mutatis mutandis apply to the apportionment of interest, penalty and compounding amount realised in connection with the tax so apportioned35 40(4) where an amount has been apportioned to the central government or a state government under sub-section (1) or sub-section (2) or sub-section (3), the amount collected as integrated tax shall stand reduced by an amount equal to the amount so apportioned and the central government shall transfer to the central tax account or union territory tax account, an amount equal to the respective amounts apportioned to the central government and shall transfer to the state tax account of the respective states an amount equal to the amount apportioned to that state, in such manner and within such time as may be prescribed45(5) any integrated tax apportioned to a state or, as the case may be, to the central government on account of a union territory, if subsequently found to be refundable to any person and refunded to such person, shall be reduced from the amount to be apportioned under this section, to such state, or central government on account of such union territory, in such manner and within such time as may be prescribed18 on utilisation of credit of integrated tax availed under this act for payment of,––transfer of input tax credit5(a) central tax in accordance with the provisions of sub-section (5) of section49 of the central goods and services tax act, the amount collected as integrated tax shall stand reduced by an amount equal to the credit so utilised and the central government shall transfer an amount equal to the amount so reduced from the integrated tax account to the central tax account in such manner and within such time as may be prescribed;10(b) union territory tax in accordance with the provisions of section 9 of theunion territory goods and services tax act, the amount collected as integrated tax shall stand reduced by an amount equal to the credit so utilised and the central government shall transfer an amount equal to the amount so reduced from the integrated tax account to the union territory tax account in such manner and within such time as may be prescribed;15(c) state tax in accordance with the provisions of the respective state goodsand services tax act, the amount collected as integrated tax shall stand reduced by an amount equal to the credit so utilised and shall be apportioned to the appropriate state government and the central government shall transfer the amount so apportioned to the account of the appropriate state government in such manner and within such time as may be prescribed20explanation––for the purposes of this chapter, "appropriate state" in relationto a taxable person, means the state or union territory where he is registered or is liable to be registered under the provisions of the central goods and services tax act2519 (1) a registered person who has paid integrated tax on a supply considered byhim to be an inter-state supply, but which is subsequently held to be an intra-state supply, shall be granted refund of the amount of integrated tax so paid in such manner and subject to such conditions as may be prescribedtax wrongfully collected and paid to central government or state government30(2) a registered person who has paid central tax and state tax or union territory tax,as the case may be, on a transaction considered by him to be an intra-state supply, but which is subsequently held to be an inter-state supply, shall not be required to pay any interest on the amount of integrated tax payable chapter ix miscellaneous3520 subject to the provisions of this act and the rules made thereunder, the provisions of central goods and services tax act relating to,––(i) scope of supply;application of provisions of central goods and services tax act(ii) composite supply and mixed supply; (iii) time and value of supply; (iv) input tax credit;40(v) registration;(vi) tax invoice, credit and debit notes; (vii) accounts and records; (viii) returns, other than late fee; (ix) payment of tax;45(x) tax deduction at source;(xi) collection of tax at source; (xii) assessment; (xiii) refunds; (xiv) audit;5(xv) inspection, search, seizure and arrest; (xvi) demands and recovery; (xvii) liability to pay in certain cases; (xviii) advance ruling; (xix) appeals and revision;10(xx) presumption as to documents; (xxi) offences and penalties; (xxii) job work; (xxiii) electronic commerce; (xxiv) transitional provisions; and15(xxv) miscellaneous provisions including the provisions relating to theimposition of interest and penalty,shall, mutatis mutandis, apply, so far as may be, in relation to integrated tax as they apply in relation to central tax as if they are enacted under this act:20provided that in the case of tax deducted at source, the deductor shall deduct tax at the rate of two per cent from the payment made or credited to the supplier:provided further that in the case of tax collected at source, the operator shall collect tax at such rate not exceeding two per cent, as may be notified on the recommendations of the council, of the net value of taxable supplies:25provided also that for the purposes of this act, the value of a supply shall include any taxes, duties, cesses, fees and charges levied under any law for the time being in force other than this act, and the goods and services tax (compensation to states) act, if charged separately by the supplier:30provided also that in cases where the penalty is leviable under the central goods and services tax act and the state goods and services tax act or the union territory goods and services tax act, the penalty leviable under this act shall be the sum total of the said penalties21 import of services made on or after the appointed day shall be liable to tax under the provisions of this act regardless of whether the transactions for such import of services had been initiated before the appointed day:import of services made on or after the appointed day35provided that if the tax on such import of services had been paid in full under the existing law, no tax shall be payable on such import under this act:provided further that if the tax on such import of services had been paid in part under the existing law, the balance amount of tax shall be payable on such import under this act40explanation––for the purposes of this section, a transaction shall be deemed to have been initiated before the appointed day if either the invoice relating to such supply or payment, either in full or in part, has been received or made before the appointed daypower to make rules22 (1) the government may, on the recommendations of the council, by notification,make rules for carrying out the provisions of this act45(2) without prejudice to the generality of the provisions of sub-section (1), the 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 rules(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 rupees5power to make regulations23 the board may, by notification, make regulations consistent with this act and the rules made thereunder to carry out the provisions of this act 10laying of rules, regulations and notifications1524 every rule made by the government, every regulation made by the board andevery notification issued by the 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 be20removal of difficulties25 (1) if any difficulty arises in giving effect to any provision of this act, thegovernment 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: 25provided that no such order shall be made after the expiry of a period of three yearsfrom the date of commencement of this act(2) every order made under this section shall be laid, as soon as may be, after it is made, before each house of parliament statement of objects and reasonspresently, article 269 of the constitution empowers the parliament to make law on the taxes to be levied on the sale or purchase taking place in the course of inter-state trade or commerce accordingly, parliament had enacted the central sales tax act, 1956 for levy of central sales tax on the sale taking place in the course of inter-state trade or commerce the central sales tax is being collected and retained by the exporting states2 the crucial aspect of central sales tax is that it is non-vatable, ie the credit of this tax is not available as set-off for the future tax liability to be discharged by the purchaser it directly gets added to the cost of the goods purchased and becomes part of the cost of business and thereby has a direct impact on the increase in the cost of production of a particular product further, the fact that the rate of central sales tax is different from the value added tax being levied on the intra-state sale creates a tax arbitrage which is exploited by unscrupulous elements3 in view of the above, it has become necessary to have a central legislation, namely, the integrated 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 in the course of inter-state trade or commerce the proposed legislation will remove both the lacunas of the present central sales tax besides being vatable, the rate of tax for the integrated goods and services tax is proposed to be more or less equal to the sum total of the central goods and services tax and state goods and services tax or union territory goods and services tax to be levied on intra-state supplies it is expected to reduce 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 the integrated goods and services tax will foster a common or seamless indian market and contribute significantly to the growth of the economy4 the integrated goods and services tax bill, 2017, inter alia, provides for the following, namely :—(a) to levy tax on all inter-state supplies of goods or services or both except supply of alcoholic liquor for human consumption at a rate to be notified, not exceeding forty per cent as recommended by the goods and services tax council (the council);(b) to provide for levy of tax on goods imported into india in accordance with the provisions of the customs tariff act, 1975 read with the provisions contained in the customs act, 1962;(c) to provide for levy of tax on import of services on reverse charge basis under the proposed legislation;(d) to empower the central government to grant exemptions, by notification or by special order, on the recommendations of the council; (e) to provide for determination of the nature of supply as to whether it is an inter-state or an intra-state supply;(f) to provide elaborate provisions for determining the place of supply in relation to goods or services or both;(g) to provide for payment of tax by a supplier of online information and database access or retrieval services;(h) to provide for refund of tax paid on supply of goods to tourist leaving india; (i) to provide for apportionment of tax and settlement of funds and for transfer of input tax credit between the central government, state government and union territory;(j) 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(k) to provide for transitional transactions in relation to import of services made on or after the appointed day 5 the notes on clauses explain in detail the various provisions contained in the integrated goods and services tax bill, 20176 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 provides for authorisation of state tax and union territory tax officers, subject to certain exceptions and 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 5 provides for levy and collection of integrated tax on all inter-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 a rate not exceeding forty per cent it further provides that integrated tax on goods imported into india shall be levied and collected under section 3 of the customs tariff act, 1975, at the time and in the manner in which customs duty shall be collected under the provisions of the customs act, on a value as determined under the provisions of the customs tariff act this clause also provides that —(i) integrated 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 integrated 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 inter-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 6 confers powers on central government to exempt either absolutely or conditionally goods or services or both of any specified description from the whole or part of the integrated tax, on the recommendations of the council this clause 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 7 provides for instances where a supply of goods or services or both will be considered as inter- state supplyclause 8 provides for instances where a supply of goods or services or both will be considered as intra- state supplyclause 9 provides for supplies made in territorial waters to be deemed to be made in the states or union territories where the nearest point of the appropriate baseline is locatedclause 10 provides for the place of supply for all supplies of goods other than those goods which are imported into or exported out of indiaclause 11 provides for the place of supply for all supplies of goods which are imported into or exported out of indiaclause 12 provides for the place of supply for all supplies of services where location of supplier and recipient is in indiaclause 13 provides for the place of supply for all supplies of services where location of supplier or location of recipient is outside indiaclause 14 provides for deeming the supplier of services located in non-taxable territory to be liable to pay tax on the online information and database access or retrieval services by any person located in a non-taxable territory and received by a non- taxable online recipientclause 15 provides for refund of integrated tax paid on supply of goods to tourists leaving indiaclause 16 provides for zero rating of certain supplies namely exports and supplies made to special economic zone unit or special economic zone developer and the manner of zero ratingclause 17 provides for apportionment of integrated tax and settlement of funds between the central and state governmentclause 18 provides for utilisation of credit of integrated tax availed under the proposed act for payment of central tax, union territory tax or state taxclause 19 provides for refund of integrated tax in situations where inter-state supplies are subsequently held to be intra-state suppliesclause 20 provides for application of specific provisions of the central goods and services tax act to the proposed actclause 21 provides that all import of services made on or after the appointed day will be liable to integrated tax regardless of whether the transactions for such import of services had been initiated before the appointed dayclause 22 confers powers on the central government to make rules for carrying out the provisions of the proposed act on recommendation 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 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 memorandumclauses 17 and 18 of the bill provides for apportionment of tax and settlement of funds and for transfer of input tax credit between the central government, state government and union territory2 clause 20 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 under the central goods and services tax act will be utilised for the purposes of the proposed legislation thus there will be no extra financial expenditure under this bill3 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 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 integrated goods and services tax bill seeks to empower the central government to make rules, inter alia, in the following matters, namely:—(a) collection of taxes under section 5; (b) determination of place of supply under section 10; (c) apportionment of value of supply of services when the immovable property or boat or vessel is located in more than one state or union or when the leased circuit is installed in more than one state or union territory or when the event is held in more than one state or union territory or for advertisement services under section 12; (d) the place of supply of services referred to in section 13 when they are supplied in more than one state or union territory under that section; (e) conditions and safeguards for refund of integrated tax paid on supply of goods to tourist leaving india under section 15; (f) procedure and safeguards for supply of goods or services under bond or on payment of integrated tax and then taking refund under section 16; (g) manner in which apportionment of tax and settlement of funds will take place under section 17; (h) manner and time in which input tax credit will be transferred under section 18; (i) manner in which tax wrongfully collected and paid to central government or state government is to be refunded under section 19; and (j) 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 inter-state supply of goods or servicesor both by the central government and for matters connected therewith or incidental thereto————(shri arun jaitley, minister of finance and corporate affairs)

Parliament_bills

4d0a1232-07d4-5d1e-afd6-d433403436e2

the advocates (amendmen1) bill, 1964 " bill further to amend the advocates act, 1961be it enacted by parliament in the fifteenth year of the republic of india as follows:-1 this act may be called the advocates (amendment) act, abort title, 1964 25 of 1961 5 2 in section 3 of the advocates act, 1961 (hereinafter referred amendto as the principal act) ,-ment of ect1onl (a) in sub-section (2) in clause (b), for the words "roll of the state bar council" the words "electoral roll of the state bar council" shalt be substituted; 10 (b) to sub-section (2), the following proviso shall be added, namely:-is 38 of 1921, "provided that as nearly as possible one-half ot such elected members shall, subject to any rules that may be xnade in this behalf by the bar council of india, be persons who have for at lealit ten years been advocates on a state roll, and in computing the said period of ten ye8lll in relation to any such person, ,there shall be included any period during which the person has been an advocate enrolled under the indian bar councils act, 1926"; 20 (c) after sub-section (3), the following sub-sections shall be inserted, namely:-"(4) an advocate shall be disqualified from voting at an election under sub-section (2) or for being chosen ai, 196 (b) lb-1 and for being, a member of a state bar council, unless he possesses such qualllications or satisfies such conditions as may be prescribed in this behalf by the bar ~ouncil 01 india, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to 5 time by each state bar council (5) nothing in the proviso to sub-section (2) shall affect the term of office of any member elected before the commencement of the advocates (amendment) act, 1964, but every election after such commencement shall be held 10 in accordance with the provisions of the rules made by the bar council of india to give effect to the said proviso" ~ in section 4 ¢ the principal act, after sub-section (2), the following sub~ection shall be inserted, namely:-amendmentof ection 4 "(3) the term of office of a member of the bar council of 15 india elected by the state bar council shall,-(i) in the case of a member of a state dar council who holds office ex ojjicio, be two years from the date of his election; and (ii) in any other case, be for the period for which he 20 holds office as a member of the state bar council: provided that every such member shall continue to hold office as a member of the bar council of india umil his successor is elected" 4 in section 8 of the principal act,-25 amend"; ment of section 8 (a) for the words "bar council", the words "state bar council" shall be substituted; (b) for the words "elected to each such council", the words, brackets and figures "elected to each such council (reconstituted on the expiry of the term of office of the elected 30 members of the state bar council under section 54)" shall be substuuted 5 for section 9 of the principal act, the following section shall be substituted, namely:-substitution of new section for section 9 disciplinary committees "9 (1) a bar council shal~ constitute o~e or more disci- 35 plinary committees, each of which shall consist of three persons of whom two shall be persons elected by the council from amongst its members and the other shall be a person co-opted by the council from amongst advocates who possess the qualifications spectfted in the proviso to sub-sectian (2) ot m'ction 3 and who are not members of the council, and the senior-most advocate amongst the members of a disciplinary committee shall be the chairman thereof s (2) notwithstanding anything contained in sub-section (1), any disciplinary committee constituted prior to the commencement of the advocates (amendment) act, 1964 may dispose of the proceedings pending before it as if this section had not been amended by the said act" 10 6 after section 10 of the principal act, the following section shall insertion , be inserted, namely:-of new sectioi1 loa "loa an elected member of a bar council shall be deemed diequalito have vacated his office if he is declared by the bar councfl fication of of which he is a member to have been absent without suft\cient members is excuse from three consec,utive meetin~s of such council, or it ~~~:~il his name is, for any cause, removed from the roll of advocates or if he is otherwise disqualified under any rule made by the bar council of india" 7 in section 15 of the principal act, in sub-section (2) ,-amend ment of 20 (a) for clause (a), the following clause shall be substituted, section 15 namely:-"(a) the election of members of the bar council including the conditions subject to which pfrsons can exercise the right tp vote, the preparation and revision of electoral rolls, 2s the manner in which election shall be held and the manner in which results of election shall be published;"; (b) in clause (e), for the words "bar council", the words "state bar council" shall be substituted 8 in section 16 o,f the principal act, to sub-section (4), the follow- amend-;,itj ing proviso shan be added, namely:-ment of section 18 "provided that where any such senior advocate makes an applicatiorf befoo'e the 31st december, 1965 to the bar council maintaining the roll in which his name has been entered that he does not desire to continue as a senior advocate', the bar 35 council may grant the application and the roll shall be altered accordingly" 9 in section '17 of the principal act, in sub-section (3), for the amendwords "and such seniority shall be determined", the words "and, ment of subject to any rule, that may be madefby the bar council of india in section it ':;0 this behalf, such seniority shall be determined" shall be substituted amea4-ie in section 18 of the principal act, to sub-section (1), the folment of lowing proviso shall be added, namely:-eectiod 18 "provided that where any such application for transfer is made !by a person against whom any disciplinary proceeding is pending or where for any other reason it appears to the bar s council of india that the application for transfer has not been made bona fide and that the transfer should not be made, the bar council of india may, after giving the person making the application an opportunity of making a representation in this behalf, reject the application" 10 amacl mmt of mctlcm :&0 11 in section 20 of the principal act, in sub-section (3), for the words uentries in each part of the common roll shall be maintained of seniority and such seniority shall be detennined as follows", the words uentries in each part of the common roll shall be maintained in such manner as the bar council of india thinks fit and the seniority is of an advocate an the common roll shall be determined as follows" ihall 'be substituted "22 there shall be issued a certificate of enrolment, in the 20 prescribed fonn-8ubgltu-u for section 22 of the principal act, the following section shall tfon of new' be substituted namely:-8ec't1on for ' leetion22 certulcatai fii enrolment (i) by the state bar council to every person whose name is entered in the common roll without his name havunder this act; and (ii) by the bar council of india to every person whose 2, name is entered in the common roll without his name having already been entered in any state rou" (a) in sub-section (1) ,-(a) in clause (e) ,-(0 in sum-clause (tii) , the words "or elsewhere" shall be omitted; (ii) after sub-clause eiii), the following sub-clause shall be inserted, namely:-- (iv) in any other case, from any university 35 outside the territory of india, if the degree is recognised for the purposes of this act by the bar council of india; or"; (b) in clause (d) ,-(i) the words "after such trairung" shall be omitted; (ii) in the proviso, for paragraph (i), the following paragraph ghall be substituted, namely:-10 is "(i) a person who has obtained a degree in law from any university in india on the results of an examination held before the 31st day of march, 1964 or such other later date as may be prescribed, or a barrister who was called to the bar before such date or a barrister who, having qualified after that date, has received such practical training in law as may be recognised in this behalf by the bar council of india;"; 20 (b) in sub~ection (2), for the words "a vakil, pleader or an attorney who is a law graduate, or who is not a law graduate but was entltled to be enrolled as an advocate of a high court immediately before the appointed day under any law then in force", the words "a vakil or a pleader who is a law graduate" shall be substituted; (e) after sub-bection (2), the following sub-sections shall ·be inserted, namely:-3s "(3) notwithstanding anything contained in sub-section (1), a person who-(a) before the 31st day of march, 1964, has, for at least three years, been a vakil or a pleader or a mukhtar, or was entitled at any time to be enrolled under any law then in force as an advocate of a high court (including a high court of a form~r part b state) or of a court of judicial commissioner in ~ny union territory; or (b) before the 15th day of august, 1947, has been an advocate of any high court in any area which was comprised within india as defined in the government of india act, 1935; or (c) 'before the igt day of april, 1937, has been an advocate of any high court in any area which was comprised within burma as defined in the government of india act, 1935; or (d) is entitled to be enrolled as an advocate under any trule made by the bar council of india in this behalf, may be admitted as an advocate on a state roll if he-(i) makes an application for sueh enrolment in 5 accordance with the provisions of this act; and (ti) fulfils the conditions specified in c1aus£'s (n), (b), (e) and (f) of sub-section (1) (4) notwithstandin~ anythinr contained in sllb-~ection (1), a person who has been an attorney of a·ny high court 10 may be admitted as an advocate on a state roll if he makes an application for such enrolment in aceordance with the provisions of this act and fulfils the conditions specified in ·clauses '(a), (b), (e) and (n of sub-section (1), but the right of such a person to plead or to act on the ori~nal ~ide 15 of the high colirl at calcutta or the high court at bombay shall be subject to any rules that may be made in that behalf by that high court" 14 in section 26 of the principal act,-amendment of section 28 (a) in sub-section (1) after the words, brackp1:~ anti firures 20 "sub-sections (2) and (3)", the words "and to anv direc-tion that may be given in writing by the state bar council in this behalf" shall be inserted; (b) to sub-section (1), the following proviso shall be added, namely:-"provided that the bar council of india may, if satisfied, either on a reference made to it in this behalf or otherwise, that any person has got his name entered on the roll c1f advocates by misrepresentation as to an essential faci or by fraud or undue influence, !'emove the name of such person 30 from the roll of advocates after giving him an opportunity of being heard"; (e) after sub-section (3), the followin,g su'b-seciion shall be inserted, namely:-" (4) where the enrolment committee of a state bar 35 council has refused any application for ~mission as an advocate on its roll, the state bar council shall as soon as may be, send intirhation to all other state bar councils about such refusal stating the name, address and qualifications of the person whose application was refused and the grounds 40 for the refusa1"~ s 15 after section 26 of the principal act, the foillowmg section insertion shall be inserted, namely: _ of new seetion26a "26a the bar council of india or any state bar council power to may remove from the common roll or the state roll, 0 the case remove may be, the name of any advocate who is dead or from whom a ~ames request has been li'eceived to that effect!' r:o:: 16 in section 28 of the principal act, in clause (b) of sub-section amend-(2), the words "after such training" shall be omijtted ment of lection 28 17 to section 35 of the principal act, the following explanation amend-10 shall be added, namely: -ment of " explanation-in this section, the expressions "advocate- section 35 general" and "advocate-general of the state" shall, in relation to the union territory of delhi, mean the additional solicitor general of india" 18 in section 37 of the principal act, in sulb-section (1), for the amend is words, brackets and figures "under sub-section (3) of section 35", the ment of words and figures "under section 35" shall be substituted sechon 37 20 19 after section 48 of the principal act, the following sections insertion sha:! be inserted, namely: -of new sections 48a and 4813 "48a (1) the bar council of india may, at any time, call for power of the record of any proceeding under this act which has been revision disposed of by a state bar council or a conunittee thereof, and from which no appeal lies, for the pulfpose of satisfying itself as tq the legality or propriety of such disposal and may pass such orders in relation thereto as it may think nt (2) no order which prejudicially affects any person shall be passed under this section without giving him a reasonable opportunity of being heard 30 48b (1) for the proper and efficient discharge of the func- powerto tionsof a state bar council or any committee thereof, the bar give direc-council of india may, in the exercise of ita power, of general tiolll supervision and control, give such directions to the state bar council or any committee thereof as may appear to it to be necessary, and the state bar council or the committee shall comply with such directions 3s (2) where a state bar couneil is unable to perform its functions for any li'easod whatsoever,· the bar council of india may, wi1hout prejudice to the generality of the foregoing powet' give such directions to the ex ot1icio member thereof as may appear to it to be necessary, and such directions shall have effect, notwithstanding anything convlined in the rules made by the state bar council" 20 in section 49 of the principal,-amend ment of lection49 (a) for clause (a), the following clauses shall be substituted, namely:-"(a) the conditions subject to which an advocate may be entitled to vote at an election to the state bar council 10 including the qualifications or disqualifications of voters, and the manner in which an electrical roll of voters may be prepared and revised by a state bar council; (ab) qualifications for membership of a bar council and the disqualifi~ations for such membership; is (ac) the time within which and the manner in which effect may be given to the proviso to sub-section (2) of aection 3; (ad) the manner in which the name of any advocate may be prevented from being entered in more than one 20 state roll; (ae) the manner in which the seniority among advocates- may be determined; (af) the category of persons who may be exempted from undergoing a course of training and passing an exami- 25 nation prescribed under clause (d) of sub-section (1) of section 24; (ag) the class or category of persons entitled to be enrolled as advocates; (all) the conditions subject to which an advocate shall 30 have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court;"; (b) for clause (i), the following clauses shall be substituted, namely: - 35 "(i) general pri~ciples for guidance of state bar councils and the manner in which directions issued or orders made by the bar council of india may be enforced; (j) any other matter which may be prescribed: " 21 ·after section 49 of the principal ad, the followmsectio & n inaertion ahall be inserted, namely:-of newlec-s nit (1) th c al g tion 49a _n e entr overnment may, by notification in p the official gazette, make rules for carryirig out the purposes of c~~~~of this act including rulu with respect to any matter for which the govern-bar council of india or a state bar council has power to make ment to rules make rule • (2) in particular and without prejudice to the generality of " the foregoing power, such rules may provide for-10 (a) qualiftcations for membership of a bar council and disqualifications for such membership; (b) the manner in which the bar council of india may exercise supervision and control over state bar councils and the manner in which the directions issued or orders made by the bar council of india may be enforced; (c) the class or category of persons entitled to be e1'll'olled as advocates under thia act; (d) the category ot persons who may be exempted from undergoing a course of training and passing an examination prescribed under clause (d) of sub-section (1) of section 24; 20 (e) the manner in which seniority among advocate may be determined; (1) the procedure to be followed by a disciplinary committee of a )jar council in hearing cases and the procedure to be followed by a disciplinary committee of the bar council of india in hearing appeals; (9) any other matter which may be prescribed (3) rules under this section may be made either for the whole of india or for all or any of the bar counclli 30 (4) if any provision of a rule made by a bar cowlcil is repugnant to any provision of a rule made by the central goverrunent under tws section, then, the rule under this sectiun, whether made before or after the rule made by the bar caunell, shall prevwl and the rule made by the bar cowacil shall, to the extent of the repugnancy, be void 3s (5) every rule made under this act shall ,be laid, as soon as may be alter it 15 made, before each house of l'arllament wlllle it is m session for a total period of twrty days which may be comprised in one 88sslon or in two succfmisive sessions, and if 186 (b) ls-a 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 s however, that any such modification or annulment $hall be without prejudice to the validity of anything previously done under that rule" zz in section 54 of the principal act,-amed4 ment 01 tectionm (i) the worda uthe bar council of india and" shall be omit- 10 ted and shall be deemed always to have been omitted; (ii) the following proviso shall be inserted and shall be deemed always to have been inserted, namely: - "provided that such members shall continue to hold office until the state bar council is reconstituted in accord- is ance with the provisions of this act" amend-z3~- in section 55 of the principal act, for clause (c), the followment of ing clauses shall be substituted, namely:-l18ction &i "(c) every mukhtar practising as such immediately before the said date by virtue of the provisions of the legal practi- 20 tioners act, 1879, or any other law, who does not elect to be, or is not qualified to be, enrolled as an advocate under this act; 18 of 1879 amendment of section 58 (d) every revenue agent practising 88 such immediately before the said date by virtue of the provisions of the legal practitioners act, 1879, or any other law;" 25 24 in section 58 of the principal act, in sub-section (4), for the 18 of 187g words "the issue and renewal", the words "the renewal or the issue by way of renewal" shall be substituted 15 after section 58 of the principal act, the following sections shall be inserted, namely:-insertion of new ~ 58a and 58b special provisionl with res-~to certajd advocate "58a (1) notwithstanding anything contained in this act, all advocates who, immediately before the 26th day of july, 1948, were entitled to practise in the high court in allahabad or the chief court in oudh and who under the provisions of the united provinces high courts (amalgamation) order, 1948 were 35 reco~ as advocates entitled to practise in the new high court of judicature at allahabad but whose names were not formally entered on the roll of advocates of that hiih court merely 5 18011926 by reason of the non-payment of the fee payable to the bar council of the said high court, and all advocates who were enrolled as such between the said date and the 26th day of may, 1952, shall, for the purposes of clause (a) of sub-section (i) of section 17, be deemed to be persons who were entered as advocates on the roll of the said high court under the indian bar councils act, 1926 and every such person may, on an application being made in this behalf, be admitted as an advocate on the state roll of uttar pradesh 10 is sa of 1926 (2) notwithstanding anything contained in this act, all advocates who, immediately before the 10th day of october, 1952 were entitled to practise in the high court of hyderabad but whose names were ~t formally entered on the roll of advocates of that high court merely by reason of the non-payment of the fee payable to the bar council of the said high court shall, for the purposes of clause (a) of sub-section (i) of ~ection 17, be deemed to be persons who were entered as advocates on the roll of the said high court under the indian bar councils act, 1926 and every such person may, on an application being made in this behalf, be admitted as an advocate on the state roll of andhra pradesh or of maharashtra 38 of 1926 30 (3) notwithstanding anything contained in this act, all advocates who, immediately before the 1st day of may, 1960 were entitled to practise in the high court of bombay and who applied to get their names entered on the roll of advocates of the high court of gujarat under the provisions of section 8 of the indian bar councils act, 1926 but whose names were not so entered by reason of the repeal of the said provision shall, for the purposes of clause (a) of sub-section (1) of section it, be deemed to be persons who were entered as advocates on the roll of the high court of gujarat under the said act and every such person may, on an applieation being made in this behalf, be admitted as an advocate on the state rou of gujarat 3s of 1926 40 (4)' notwithstanding anything contained in this act, all persons who, immediately before the 1st day of december, 1961, were advocates on the roll of the court of judicial commissioner in any union territory under any law in force in that territory shau, for the purposes of clause (a) of sub-section (1) of section 17, be deemed to ·be persons who were entered as advocates on the roll of a high court under the indian bar councils act, 1926 and every such person may, on an application made in this behalf be admitted as an advocate on the state roll maintained , in respect of that union territory 58b (1) aa from the 1st day of september, 1983, f!'iery proceeding in respect of any disciplinary matter in relation to an existing advoeate of a high court shall, save as provided in the first proviso to sub-section (2), be disposed of by the state bar council in relation to that high court, as if the existing s advocate had been enrolled as an advocate on its roll (2) if immediately before the said date, there is any pr~ ceeding in respect of any disciplinary matter in relati01ll to an existing advocate pending before any high court under the indian bar councils ad, 1926, such proepedinq; shjlll ~t8nd trans- 10 38 of 1128 ferred to the state bar council in relation to that high court, as' if it were a proceeding pending before the eorresponding bar council under clause (e) of sub-sectron (1) of section 56: provided that where in resoect of any web pl'oc'eedln~ the hi~h court has received the findin~ of a tribunal constituted is under section 11 of the indian bar councils act, 1926, the hi~h s8otl1l28 court shall dispose of the case and it shall be lawful for the high court to exercise for the purpose all powers conferred on it under section 12 of the said act as if that section had not been repealed: 20 provided further that where the high court has referred back any case for further inquiry under sub-section (4) of section 12 of the said act, the proceeding shall stand transferred to the state b~r council in relation to the high cnurt as if it were a proceeding pending before the corresponding bar council :as under clause (c) of sub~ection (1) of section 58 (3) if immediately before the said date there is any proceeding in respect of any disciplinary matter pending in relation to any pleader, vakil, mukhtar or attorney, who has been enrolled as an advocate on any state roll under the act, such pro- 30 ceedlng shall stand transferred to the state bar council on the roll of which he has been enrolled and be dealt with und~ this act as if,it were a proceeding arising against him thereunder (4) in this section "existin~ advocate" means a j)erson who was enrolled as an advocate on tbe roll of any high court under 35 the indian bar councils act, 1926 and who, at the time whf'n any hot 112ft proeeedin~ in respect of any discipunary matter is initiated a~fncrt: him, is not enrolled as an adt0c8te on a state ron under this act , '" , (5) the provisions of this section shall have effect, notwith- 40 standing anything eontained ba thja aet " statement of"()bjects and reasonsthe working of the advocates act, enacted in may, 1961, hal revealed certain practical difficulties and representations in this behalf have been received from various state bar councils and other associations the bar council of india has also suggested certain amendments to the act difficulties were being experienced mainly in regard to the functioning of the bar councils and the committees thereof and also in regard to the enrolment as advocates of certain classes of persons who may not fall strictly within the scope of ections 17 and 24 of the act it is considered necessary that the' act should be suitably amended for removing such difficulties and for facilitating the implementation of its provisi~ns ' 2 ~e act provides for the general supervision and control of the bar council of india over all state bar councils in order that they may, in the exercise of their powers, follow a uniform all-india policy the powers given to the bar council of india in this behalf are, however, inadequate and it is considered necessary to enlarge its powers it is therefore proposed to empower the bar council of india to issue appropriate directions to a state bar council or a committee thereof, and also to exercise powers of revision in retation to any proeeeding disposed of by a state bar council tt is also proposed to enlarge the appellate jurisdiction of the bar council of indta it is further proposed to give wider rule making powers to the bar council of india for the efficient and smooth working of the act, it is also considered necessary to vest in the central government powers to make rules in respect of matters which may be considered necessary 3 'nte state bar councils have been given wide powers under the act in respect of various matters, including disciplinary matten it is considered that, in the interests of efficient functioning of 8 state bar council, it should consist of some advocates who have at least ten years' standing there was such a provision in the indian bar councils act, 1926 it is accordingly proposed to provide that, as nearly as possible one-half of the elected members of every state bar council should be advocates of not less than ten years' standing 'nte other principal amendments proposed in the bill are-(1) that the term of offtce of a member of the bar conn cd of incua elected by a state bar council should normally be for the same period for which he holds omee as a member of a state bar council: (2) that the bar council of indja should be empowered to form more than one disciplinary committee, and that the disci~ plinary 06mmittee of a bar council should consist of three members only, one of whom should ,be a c()()pted member; (3) that the bar council of india should be empowered to refuse, in suitable cases, the applications for the transfer of the name of an advocate from one state roll to another; (4) that the bar council of india should be permitted to prepare and maintain the common roll in such manner as it thinks at; (5) that certain categories of persons who may not at present be entitled to be enrolled as advocates should be so entitled; (6) that the state bar council should have more effective control over its enrolment committees: and (7) that the disciplinary jurisdiction of state bar councils should be extended to certain proceedings which are dot at present covered by the act 4 the bill seeks to achieve these objects opportunity has also been taken to make certain other amendments of a minor character 5 the notes on clauses appended to the bill explain the provisions thereof new di:lhi; a k sen the 11th march, 1d84 ciaule 2-under sub-section (2) of section 3 of the act, the membertl of a state bar council are elected from amongst the advocate~ on its roll, and every advocate is entitled to seek election to the bar council the state bar councils have been given wide powers \tilder the act in respect of various matters, including disciplinary luatters it is considered that, in the interests of efficient function jug vf a state bar council, it should consist of some advocates who have at least ten years' standing there was such a provisicn in the indian bar councils act, 1926 it is accordingly proposed t:, providt: that, as nearly as possible, one-half of the elected members of every state bar council should be advocates of not less than tea years' standing it is also proposed to empower the bar council of india to make rules in regard to the disqualification of an advocate from votin, at an e1~ctlon or for being chosen as, or for ·being, a member of - state bar council this clause ~ks to amend section 3 for the purp06e -clauaes 3, 4 and 22-these clauses seek to amend sections 4, 8 and 54 of the act under section 8 of the act, the term of office of elected members of the bar council of india and of state bar councils is six years, and one-third of the members has to l'etire on the expiiation of every second year the bar council of india consists dlainly of elected representatives of state bar councils, luld the principle of rotation which has been introduced, both in the bar council of india and the state bar councils, may enable a mem1ler of the bar council of india to continue in office even after he haa ceased to be a member of the state bar council this is an anomalous position clause 3 seeks to amend section 4 to provide that the term of oftice of a member of the bar council of india elected by a state ber council should be for the same period for which he holds office as a member of a state bar council it further provides that where the advocate-general of a state who is an ez ofjicio member of the state bar council, is elected to the bar council of india, he should hold offiee for two years only from the date of his election the existing section 8 provides for the term of office of members of the bar council of india as also of the state bar councils in view of the anlendment made by clause 3 relating to the term of office of the members of the bar council of india, clause 4 restricts the a})plication of this &ection to state bar council only under section 54 of the act, the term of office of elected meldbeti of a state bar council constituted for the first time is two years clawse 4 fb) seeks to make it clear that the provisions of ,section 8 shall apply to a state bar council when it is reconstituted on the expiry of the term of office specified in section 54 in view of the amendment made to section 4, the provisions oi section 54 have also been restricted to state bar councils oni],- the 61ection to the various state bar councils would not be completed before the expiry of the term of their members under section 54 to overcome this difficulty, it has been provided in clause 22 that the elected memberi of 6 state bar council shall continue to hold omce until it is reconstituted in accordance with the provisiona of the act clause 5-under section 9, the disciplinary committee of - bar council is to consist of five members it is felt that this makes the committee unwieldy the strength of the committee is therefore proposed to be reduced to three out of three members, two shall be elected and the third member shall be co-opted ii is also pro-1'osed that the co-opted member should be an advocate of ten years' standing it is further considered desirable that the bar council 01 india wlould also have the power to constitute more than one disclpliuary committee section 9 is being amended for the purpose clause 6-there is no provision ill the act relating to disq\ali-1lcatioo of members the proposed section loa specifies the circum tances under which an elected member of a bar council shall be qeemed to have vacated his office clause 7-section 15 deals with the power of a bar council to make rules this clause seeks to amend this section to make it clear that the rules may lay down the conditiodi subject to whlch persons can exedcise the right to vote cl4uh s-by virtue of sub-section (4) of section 1& of the- act, the advocates of the supreme court who were senior avueates on 1st de<:ember, 1961 automatically became senior advocates under the act the senior advocates are subject to certain restrictions in the matter of practice as may be prescribed by the ~ council of india it is proposed to give such advocates an option to relinquish their status as senior advocates and become ordinary advocaml of the supreme court clauae lo-section 18 of the act provides for the transfer of the name of an advocate from one state roll to another when a person makes an application for such transfer, the bar council of india has no discretion in the matter and it has to issue necessary directions for such ·transfer there may be cases where the transfer oi the name of a person from one state roll to another is undesirable and the bar council of india should be empowered to reject an appucli tion for transfer in suitable cases, after giving the applicant a reasonable opportunity of representing his case this clause seeks to amend the section for the purpose clause ll-under section 20 of the act, the :bar council of india has to prepare and maintain a common roll of advocates in the order of seniority the bar councill:>f india has pointed out that preparation of the common roll after fixing inter be seniority of advocate all over india will be a laborious task and that the preparation of the common roll may therefore be delayed this clause seeks to amend section 20 to enable the bar council of india to decide the manner in which the common roll shall be maintained clause 12-section 22 deals with the issue of certificate of enrolment in cases where the state bar councils have issued the certificates of enrolment, there may be no necessity for the bar council of india to issue a fresh certificate again this clause seeks tu amend the sectwn to that effect czause 13-section 24 of the act prescribes the qualiflc:atioill which a person is required to possess for enrolment as a new advocate it has been brought to the notice of government that certain classes of persons who were treated as advocates or who were entitled to be enrolled as advocates before the commencement of cbapter iii of the advocates act would not strictly fall within the scope of section 24 it is also oonsidered necessary to enlarge the scope of section 24 to cover certain other classes of persons 8l> well who by reason of their training or experience should be eligible for enrolment whether they are law graduates or not the proposed sub-sections (3) and (4) of section 24 specify the various classes of persons who should be eligible for enrolment as advocates they are as follows:-(i) advocates on the roll of judicial commissioners' courts, (u) attorneys of high ccurts, (ill) advocates of the chief court of sind before 15th august, 1947, : (iv) advocates of rangoon high court before 1st april, 1937, 195 (b) ls-3(v) allpenons who were entitled to be enrolled as advocate of a high court (including q high court of a former part b state), or of a judicial commissioner's court, and (vi) all pleaders and mukhtare who have put in tme yeara of practice before 31st march, 196~ '!be act was amended by the act 32 of 1962 exempting law graduates who passed the final law examination before the 28th febl'\llu'y, 1963 from undergoing training and passing the examination collducted by the bar council since the necessary arrangements for the implementation of the scheme of training could noi be completed by all the state bar councils, it is propoeed to extend the said period of exemption from 28th february, 1963 to 31st march, 1964 or to such other later date as may be prescribed it is also proposed to enable the lew graduates to pass the examination eyed during the course of trainij1g other amendments are of a clarificatory nature clause 14-section 10 of the act provides for the constitution of an enrolment committee and section 26 deals with the functions of the enrolment committee as a committee of the state bar council, the enrolment committee should carry out the functions subject to any rules that may be made or any directions that may be given by the bar council it is proposed to make the position clear it is further proposed to have a specific pr:ovision to the effect that in all cases when a person gets himself eorolled as an advocate by misrepresentation or fraud or undue influence, the bar council of india may remove his name from the roll of advocates, after givinl' him an opportunity of being heard provision has- also been made for sending due intimation to all other state bar councils in caees when there has been a refusal of the application for enrolment this clause seeks to amend section 26 to achieve the purpose clause 1s-it is thought necessary to have a provision enablilla the bar councils to remove the name of any advocate who is dead or who seeks to have his name removed new clause 26a is intend, ed to achieve the purpose clause 18-section 37 of the act provides for an appeal from an order of the disciplinary committee of a state bar council made under sub-section (3) of section 35 it is proposed to enlarge the scope of the provision so as to give the right of appeal even in cases where the disciplinary committee summarily rejects the complaint under bu\)section (2) of section 35 1clc:wae -19 and 20-under-section 7(g) of the act, the bar council atindia has to exercisegeneral supervision and control over the state bar councils in'order that these powers maybe properly exercised, it is proposed that the bar council of incua should be empowered to iuue directions to the state bar councils and also to call for the reeord of any non -appealable case disposed of by a state bar council ·or a committee thereof and to issue appropriate orders thereon 'nle bar council of india should also have the power to make rules for ·enforcement of such directions and orders proposed new sections 4&a ,and 48bare intended to achieve the purpose 1"or the smooth working of the act, it is proposed to vest wider rule-making power in the bar council of india in relation to the functioning of state bar councils and the enrolment of advocates clauae 21-under the act, the power of the central government to 'make rules is very limited this power can be exercised only when rules have not been made by a state bar council it is proposed to empower the central government to make rules in respect of all matters which may be deemed necessary including those matters in relation to which the bar councils have power to make rules subject to the usual provision for laying the rules before parliame!llt new section 49a is intended to achieve the purpose clause 24-as the act provides for one class of legal practitioners only, namely advocates it is proposed to make it clear that ur:der section 58 (4), there should not be any fresh enrolment of pleaders or other class of legal practitioners certificates may, however, be issued to existing legal practitioners by way of renewal clauaf! 2s-the chief court of oudh and the high court of allahabad were amal~amated by an order made in 1948 ::ind a new high court of al1ahabad was constituted the advocates of both the high courts were recognised as advocates of the new high court but they were required to pay ten rupees each for enrolment as advocates in the new hillh court many advocates did not pay thi!!! amount and they were not formally enrolled as advocates of the new high court of allahabad was constituted the advocates of both rates of the former state of hyderabad as well similarly on the reorganisation of the bombay state in may, 1960 a new high court of gujarat was constituted and many (f the advocates of the bombav high court who opted for gujarat {'ould not get themselves enrolled within the prescribed time it is necessary to mak suitable provision to enable these persons to get enrolled as advocate proposed new section 58a is intended to achieve thjs purpom chapter v of the act deals with disciplinary jurisdiction of the bar councils and it has been brought into force from 1st september, 1963 under the chapter, a disciplinary committee of a state bar council can take action only against those advocates who ilre on the state roll the state rolls are not complete and there are many advocates who have not yet been enrolled as advocates under the new act it is necessary to make suitable provision relating to disciplinary matters in respect of them it is also necessary to make suitable provision for the disposal of disciplinary proceedings pending at the commencement of chapter v a removal of difficulties order was issued at the time of enforcement of that chapter it is proposed to incorporate the provisions of that order in the act 10 that the validity of the order may not be challenged in a court of law proposed new section 58b is intended to achieve the purpose it is also proposed to treat all advocates on the roll of the court of judicial commissioner in any union territory immediately before 1st december, 1961 as advocates of high court for the purpose of clause (a) of sub-section (1) of section 17 the other amendments are of a formal or consequential nature memorandum regarding delegated legislationclause 7 of the bill seeks to amend section 15 of the act which deals with the rule-making power of the bar councils it is proposed to make it clear that the rule may also lay down the conditions subject to which persons can exercise the right to vote clause 11 purports to amend section 20 of the act leaving it to the bar council of india to decide the manner in which common roll shall be maintained clause 20 of the bill seeks to amend section 49 so as to confer wider rule-making powers on the bar council of india for the smooth and efficient working of the act the matters in respect of which such rules may be made relate to the conditions subject to which an advocate may be entitled to vote at an election of the state bar council and the qualification and disqualification of membership of such bar council, the time within which and the manner in which effect may be given to the proviso to sub-section (2) of section 3 and the manner in which directions issued and orders made by the bar council of india may be enforced the bar council of india has also been empowered to make rules in respect of other minor matters clause 21 of the bill seeks to insert a new section 49a which empowers the central government to make rules for carrying out the purposes of the act including rules with respect to any matter for which the bar council of india or a state bar council has power to make rules the rules made by the central government shall be laid before both houses of parliament and shall be subject to the scrutiny of parliament the matters in respect of which rules may be made are of an administrative or procedural nature i the delegation of legislative power is of a normal character 'erraacrs 'nom the advocatis act, 1961- (25 or 1981) - • ' chapter n- 3 (1) bar co'ulfcil8 - - - - - - statebu couneu, - - (2) a state bar council shall consist of the fouowidg memben, namely:-(a) in the case of the state bar council of delhi, the additional solicitor-general of india, e:c-ofjicio; and in the case of any other state bar council, the advocate-general of the state, e:c-of}icio; (b) in the case of the bar council of assam, the bar council of orissa and the bar council of delhi, fifteen members and in every other case, twenty members, elected in accordance with the system of proportional representmion by means of the single transferable vote from amongst advocates on the roll of the state bar council - ' ' - term 01 otftce of memben of bar councfi, 8, the term of oft\ce of the elected members of a bar councfl shall be six years, but as nearly as possible one-third of the members first elected to each such council shall retire on the expiration of every second year in the prescribed manner, and the vacancies 10 caused shall de filled by the election of new members in the preacribed manner dilcipllnary committeel, 9 (1) a state bar council shall constitute one or more disciplinary committees, each of which shall cionsist of five persons of whom three shall be persons elected by the council from amongst its members and two shall be persons elected by the council from amongst advocates on its roll who are not members of the council (z) the bar couddl of lqdia ·lhall codstitute a disc1pllnary com mittee cans:latiq, of five persons of whomthree ahall be pel"sod8 elec-~ed ,by the council iromamoogst its members and two shall be per-ons elected by the council from amongst advocates on the common roll who are not members of the council - - - - - - - - - - 15 (1) power to (2) in particular, and without prejudice to the genemlity 01 the make foregoing power, such rules may' provide forrulel (4) the manner in which the election of memben of the bar council shall be held and'the manne!' in which ftijulti of elections sball be published; - - - - - (e) the manner in which the order of retirement by rotattoa of the members of the bar council shall be determined; - - - - - chapter iiiadmission and enrolment of advocates - - - - - 16 (1) senjorand (4) an advocate of the supreme court who was a senior advocate otherad-01 that court immediately before the appointed day shall, for the vocatu purposes of thi:s section, be deemed to be iii sandor 8dvocat~ 17 (1) - - - - - state bar councnato (3) entries in each part of the roll of advocates prepared and maintain maiidiained by a state bar council under this section shall be in roll of the order of seniority, and such seniority shall be detennined as advocates follows:-i (0) the seniority of an advocate referred to in clause (a) of su,b-section (1) shall be detennined in accordance with hia date of ellrolment\; under the indian bar councils act, 1926; (b) the seniority of any person who was a senior advocate of the supreme court immediately before the appointed day shall, for the purposes of the first part of the state roll, be detennined in accordance with such principles as the bar council of india may specify; (c) notwithstanding anything contained in clause (a), the seniority of a vakil, pleader or an attorney who has enrolled u an advocate immediately before the appointed day, or who 11 enrolled 18 an advocate after that day, shall be determined in accordance with the date of his entry in the register of vakils, pleaders or attorneys, as the case may be; transfer of name from one state roll to another (d) the seniority of any other persoid who, on or after the appointed dey, is enrolled asa senior advocate or 11 admitted as an advocate shall be determined by the date of such enrolment or admission, as the case may be - - - - - 18 (1) notwithstanding anything contained in section 17, an~ person whose name is entered as an advocate on the roll of any state bar council may make an application in the prescribed form to the bar council of india for the transfer of his name from the roll of that state bar council to the roll of any other state bar council and, od receipt of any such application the bar cowlcil of india shall direct that the name of such 'person shall, without the payment of any fee, be removed from the roll of the first meditioned state bar council and entered in the roll of the other state bar council and the state bar councils concerned shall comply with such direct jon - - - - - zoo (1) - - - - common roll of advocate • (3) entries in each part of the common roll shall be in the order of seniority and such seniority shall be determined as follows:-(a) the seniority of an advocate enrolled in a state roll shall be determined in accordance with his seniority in that roll; (b) the seniority of any person who was a senior advocate of the supreme court immediately 'before the appointed day and whose name is not entered m qdy state roll shall, for the purposes of the first part of the common roll, be determined in accordance with such principles as the bar council of india may specify in this behalf; (c) the seniority of any person who was an advocate (but not a senior advocate) of the supreme court immediately before the appointed day and whose name is not entered in any state roll shall, for the purposes of the second part of the common roll, be determined in accordance with the date of his enrolment 81 an advocate of the supreme court - - - - - cenulcate 22 there shall be issued a certificate of enrolment in the prellof enrol-\!ribed form to every person whose name is entered in any roll of ment advocates maintained under this act - - - - - if· (1) subject to the proviaioos of this act, and the rules made persons ther«mdel', a person shall be qualified to 'be admitted 81 an advocate who may on a state roll, if he fulfils the following conditions, namely: _ be admit-- - - - - ted as advocates on a state roll - (c) he has obtained a degree in law-- - - - (iii) after the 28th day of february, 1963, from any university ill the territory of india or elsewhere, if the dep-ee is recoantaed for the purpoees of this act by the bar council of india; or he is a barrister; (d) he has undergone a coune of training in law and pej6ed anexarnination after sueh training both of which shall be prescribed by the state bar coqneu: provided that this claule sball not apply tor-- (i) a barrister who bas nceived praotical training in en~dor - ponon who has obtained a d~sree in law from 4my untvenpty in india before the 28th day of february, 1963; - - - - (2) notwithstanding anything contained in sub-section (1), a vakil, pleader or an attorney who is a law graduate, or who is not a law graduate but was entitled to be enrolled as an advocate of a hih court immediately before the llppointed day under any law then in force, may ,be admitted as an advocate on a swte roll if he-(_) 1mk4& an appliqation for $uch ent"olment in accordance with the provisions of this act, not later than two years £foro the appointed day; and (b) fulflll the conditions specified in clauses (a), (b), (e) and· (1), of sub-section (1) - - - - - 2ft (1) a state bar co':lilcil shall refer every application for disposal of ildmissipn as all advocate to its enrolment committee, and iuibtect to applicathe provisions of ~~iona (2) and (3), such c&mmittee shall tion~ f?r dispose of the appu~ation in the' preeeribed manner ~::siol' - - - - - advocate - - z8 (1) - - - power k (z) in particular, and wi1hout prejudice to the generality of the make foregoing power such rules may provide fol'-rut(!f - - - - - 195 (b) l&--4 (b) a course of practical training in law and the examination to be passed after such training for admission as an advocate on the roll of the bar council; - - - - - chapi'er v colmuct of advocatbs35 (1) where on receipt of a complaint or otherwise a state bar council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee punishment of advocates for misconduct (2) the disciplinary committee of a state bar council, if it does not summarily reject the complaint, shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the advocate-gel1eral of the state (3) the disciplinary committee of a state bar council after giving the advocate concerned and the advoeate-general an opportunity of being heard, may make any of the following orders,' namely:-(a) dismiss the complaint or, where the proceedings were initiated at the instance of the state bar council, direct that the proceedings be filed; (b) reprimand the advocate; (c) suspend the advocate from practice for such period as it may deem fit; (d) remove the name of the advocate from the state roll of advocates (4) where an advocate is suspended from practice under clause (c) of sub-section (3), he shall, during the period of suspension, be debarred from praotising in any court or !before any authority or person in india ·(5) where any notice is ~ to the advocate-general under sub-section (2), the advocate-general may appear hefore the disciplinary committee of the state bar council either in person or through any advocate appearing on his behalf - - - - - 37 (1) any person aggrieved by an order of the disciplinary committee of a state bar council made under"sub-section (3) of appeal to the bar council of india sectiolll 35, may, within sixty days of the date of the communication of the order to him, prefer an appeal to the bar council of india - - - - - 49 the bar council of india may make rules for discharging its general functions under this act, and, in particular, such rules may prea- power of cribethe bar coudcllof india to (4) ,the manner m which the name of an advocate may be make rules prevented from being entered in more than one state roll - - - - - (i) general principles for guidance of state bar councils: provided that no rules made with reference to clause (e) shall have effect unless they have been approved by the central government - - - - - chapter vii temporary and transitional provisions - • - •54 notwithstanding anything contained in this act, the term of term of office of the elected memlbers of the b8!l' council of india and a state office of bar council constituted for the first time shall be two years from members the date of the first meeting of the coun~il ~farftrst 55 notwithstanding anything contained in this act,-- - - - - council of india and state bar councils rights of certain existing legal practitioners not a1'lected is of 1879 (c) every muklhtar and revenue agent practising as such immediately before the said date by virtue of the provisions of the legal practitioners act, 1879, or any other law; shall, notwithstanding the repeal by this act of the relevant provisions of the legal practitioners act, 1879, the bombay pleaders act, 1920, or oither law, continue to enjoy the same rights as respects practice in any court or revenue oftice or before any authority or 18 of 1879 bolnbay actxvn of 1920 " penon and be eubject to the djaciplinary ju~iqd of the same au~y wni~ he eqjoy9(i qir', , ta cne may, to 1'1bje1l ~ ""'n subject immediately before the said date and accordingly the relevant provisions of the acts or law aforesaid shall have effect in relation to such persons ~ if th~ bad not been r~led - - - - - special proyit1om duridi the transitional period 58 (1) - - - - - - (4) notwithstanding the repeal by sub-section (2) of section 50 18 of 1879 of the provisiolls of the legal pracutlollel"8 aot, 18'19 or of the bombay pleaders act, 1920, or of any other law relating to the admission bombay a( t and enrolment of legal practitioners, the provisions of the acts and xvii 01 law aforesaid and any rules made thereunder in so far as they relate 19200 to the iaiue and renewal of a certificate to a legal pracmtioner auth(> rising him to practise shall have effect until chapter :w cwnes jnto force an4, accordingly, every certiftcate issued oj' renewed to a legal practitioner (who is not enrolled as an advocate under this act) which is or purports to be issued or renewed under the provisions of either of the aforesaid acts or of the other law during the period beginninc with the 1st day of deetqjlntr, 1961 and ending with the date on which chapter iv comes into force, shall be deemed to have been validly islued or renewed - - - - - loksabhaa bill further to amend the advocates act, 1961 (sian asoke k sen, minister of lafd)

Parliament_bills

885359ef-4ac1-50f5-8fe9-6027d8483d65

- l -�-- , · : as introduced in lok sabha on - -� ·, •• ' ::, •• - i - '' ; t ' j< - • - ' -· ·� :: l � ' ·• -� : ; --< � � r , : ' j j: ; : � : j - - - ' ·: j' l or· : ' ; : , i j , - , - - • ' - ji - - - ' , : , ,· ' l ' ' ; : : : ' ' , :· ,· · ' : _; ;,� s •:-· •• - :, •- '··: : ,,,; , , • ·-·-: : ·- : - i - ' ·: � : - , r j j ) ' - ·, i : � /, f ! j ,·_ - ,· •- :·t · l; ,,,,, the armed forces (special powers) continuancb bill, 1964 a billto continue tm armed forces (special powers) regulation, 1958, for a further period ' be it enacted by parliament in the fifteenth year of the republic of india as follows: - 1 this act may be called the armed forces (special powers) short title continuance act, 1964· s z in the armed forces (special powers) regulation, 1958 (here- substitu inafter referred to as the regulation), except in section 7, for the tion of · ''n hill tu ar ,, h references expression aga � ensang ea , w erever 1t occurs, t1,e to naga expression ''state of nagaland'' shall be substituted ¥:;ls- ensang area in regulation 2 of 1958 3 in section 1 of the regulation, in aub-section (4), for the words amend10 ''six years'', the words ''seven years'' shall be substituted ment of section 1 4 in section 3 of ·the regulation, for the words ''governor of assam'', the words ''governor of nagaland'' shall be substituted amend ment of nctionl sta~nt of objects and reasonsthe anned forces (special powers) regulation, 1958, was pro-j:llulgated to confer llpecial powers on ofticers of the anned forces to enable them to aid eftectively the civil power in the disturbed areas of kohima and mokokchung districts of the then n aga hills-tuensang area though the duration of the regulation was initially confined to one year, it was extended 'from time to iime and the current extension is due to expire on the 4th april, 1964 the conditions prevailing in the areas necessitate the continuance of the regulation for a further period of one year the bill seeks to achieve this object new dbthi: lakshmi n menon the 16th march, 19m no 2 01' 1958 - - - a regulation to enable certain special powers to be conferred upon omcers of the anned forces in disturbed areas in the kohima and mokokchung districts of the nag~ huls-tuensang area - - shorttitlw: 1 (1) this regulation may be called the armed forces (special extent, commence- powers) regulation, 1958 =ti~~ (2) it extends to the kohftna and mokokchung districts of the naga hills-tuensang area (3) it shall come into force at once (4) it shall remain in force for a period of six years power tq declare areu to be disturbed areas 3 if the govemor of assam is of opinion that the whole or any part of the kohima district or the mokokchung district in the naga hills-tuensang area is in such a disturbed or dangerous condition that the use of armed forces in aid of the civu power is necessary, he may, by nowieation in the ofilcial guette, declare the "hole or any part of sueh district or districts, as the cue may be, to be a dl8turbed area , - lok sabha a bill to continue the armed forces (special powers) regulation, 1958, for a further period(shrimati lakshmi n memon, minister of sate in the ministry of external affairs)

Parliament_bills

6db9a27b-cdea-5e8e-b295-3977487af77d

bill no 90 of 2007 the payment of gratuity (amendment) bill, 2007 a billfurther to amend the payment of gratuity act, 1972be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title1 (1) this act may be called the payment of gratuity (amendment) act, 2007amendment of section 239 of 19722 in the payment of gratuity act, 1972, in section 2, for clause (e), the following clause shall be substituted, namely:—'(e) "employee" means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment, to which this act applies, but does not include any such person who holds a post under the central government or a state government and is governed by any other act or by any rules providing for payment of gratuity;' statement of objects and reasonsthe payment of gratuity act, 1972 (the act) provides for payment of gratuity to employees employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop employing 10 or more workers2 the central government had extended the provisions of the act to the educational institutions employing 10 or more persons vide this ministry's notification no so 1080dated 3rd april, 1997 the hon'ble supreme court in its judgment dated 13th january, 2004, in ahmedabad private primary teachers association vs administrative officer [air 2004 (sc) 1426] held that teachers are not entitled to gratuity under the act, in view of the fact that teachers do not answer description of "employee" who are "skilled", "semi-skilled" or "unskilled" the supreme court observed that non-use of wide language similar to definition of "employee" as is contained in section 2(f) of the employees' provident funds and miscellaneous provisions act, 1952, reinforces the conclusion that teachers are not covered in that definition para 26 of the said judgment reads as follows:—"our conclusion should not be misunderstood that teachers although engaged in very noble profession of educating our young generation should not be given any gratuity benefit there are already in several states separate statutes, rules and regulations granting gratuity benefits to teachers in educational institutions which are more or less beneficial than the gratuity benefits provided under the act it is for the legislature to take cognizance of situation of such teachers in various establishments where gratuity benefits are not available and think of a separate legislation for them in this regard that is the subject matter solely of the legislature to consider and decide" 3 keeping in view the observations of the hon'ble supreme court, it is proposed to widen the definition of "employee", in order to extend the benefits of gratuity to the teachers, by amending the same4 the bill seeks to achieve the above objectsnew delhi;oscar fernandesthe 7th september, 2007 financial memorandumthe payment of gratuity act, 1972 (the act) provides for payment of gratuity to employees employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop employing ten or more workers the bill amends the definition of "employee" in section 2(e) of the act so that teachers shall also be entitled for payment of gratuity2 the responsibility for administration of the act vests mainly in the state governments and the liability for payment of gratuity vests in the employer the employees of the central government and state governments who are getting gratuity under any other act or rules are not covered under the act however, as respects teachers employed by institutions aided by the central government, the liability on employers may involve expenditure from the consolidated fund of india the exact expenditure to be incurred on this account cannot be estimated at this stage3 apart from the above, no other expenditure of recurring or non-recurring nature from the consolidated fund of india is envisaged annexure extract from the payment of gratuity act, 1972 (39 of 1972) definitions2 in this act, unless the context otherwise requires,— (e) "employee" means any person (other than an apprentice) employed on wages in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or un-skilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the central government or a state government and is governed by any other act or by any rules providing for payment of gratuity; lok sabha————a billfurther to amend the payment of gratuity act, 1972————(shri oscar fernandes, minister of labour and employment)

Parliament_bills

7300ecec-5e8e-5792-a11c-0bc252d82ac5

the indian red cross society (amendment) bill, 1955-(as introduced in lolt sabra) the indian red cross society (amendment) bill, 1955 [as introduced in lok sabra] a billfurther to amend the indian red cross society act, 1920 be it enacted by parliament in the sixth year of the republic of india as follows:-1 this act may be called the indian red cross society (amend- shon title ment) act, 1955 s 2 sub-section (2) of section 1 of the indian red cl1)ss society ame~nt xv of 1920 act, 1920 (hereinafter referred to as the principal act), shall be of sect-on i omitted 3 in section 5 of the principal act,-amendment of section s (a) for the words "shall, within six months from the com-10 mencement of this act and subject to the condition of previous publication, make rules for the management, control", the words "may, subject to the condition of previous publication, make rules for the management, functions, control" shall be substituted; is (b) in clause (e), the word "and" occurring at the end shall be omitted; (c) after clause (e), the following clause shall be inserted, namely:-ii (ee) the powers exercisable by the managing body in supervising the activities of branch committees;" 20 4 in section 8 of the principal act,-amendment of acction 8 (a) in sub-section (1) ,-(i) the words "or in any part of pakistan" shall be omitted; (ii) after the expression "clause (a) of section 7", the s expression "and section 13" shall be inserted; (b) in sub-section (2) ,-(i) the words "or pakistan" occurring in both the places shall be omitted; , (ii) for the words "third column", the words "second 10 column" shall be substituted; (c) in sub-section (4-)', the words "or any part of pakistan" shall be omitted amendment of eection 9 amcndmetit 0:' section ii amendinent of section 12 insettion of new section 13 transfer of property to pakistan s in section 9 of the principal act, after the words "or body" where they occur for the first time, the words "whether constituted is in india or in any other country" shall be inserted 6 in section 11 of the principal act, the expression "for which the corpus or income of the property vested in it under clause (b) of section 6 may be applied under the provisions of section 7" shall be omitted 20 7 in section 12 of the principal act, after the expression "rules made under section 5", the words "and the powers of supervision exercisable by the managing b~dy thereunder" shall be inserted 8 after section 12 of the principal act, the following section shall be inserted, namely:'-25 "13 (1) notwithstanding anything contained in this act, the managing body may, from out of the funds specified in column 1 of the third schedule, transfer to the pakistan rea cross society constituted under the pakistan red cross society act, 1920, the amounts specified in that 30 schedule as being the share of the pakistan red cross society which that society has agreed to receive for being applied to the purposes for which they were held by the society (2) upon the transfer of such amounts to the pakistan red 3s cross society under sub-section (1), the society shall be freed and discharged from all obligations imposed upon it by or under this act as in force before the commence-' ment of the indian red cross society (amendment), act, 1955, or under any trust or other document in respect of 40 anything to be done in pakistan or in any part thereof" 9 for the schedules to the principal act, the following schedules ~r~~ution shall be substituted, namely:-~~or scbedujes the first schedule (see section 7)5 object8 to which the funds of the society may be applied (1) aid to the sick and wounded members of the armed forces of the union in accordance with the terms and spirit of the geneva convention of 12th august, 1949 and discharge of other obligations devolving upon the society 10 under the conventions as the recognised auxiliary ot the armed forces medical services (2) aid to the demobilised sick and woun!ied members pf the armed forces of the union (3) maternity and child welfare is (4) junior red cross (5) nursing and ambulance work (6) provision of relief for the mitigation of suffering caused by epidemics, earthquakes, famines, floods and other disasters, whether in india or outside 20 (7) the establishment and maintenance ·of peace among all nations in accordance with the qecisions of the international red cross organbation (8) work parties to provide comforts and nec~ :jil'-ments, etc, for hospitals and health institutions " 25 (9) the expenses of management of the society and its branches and affiliated societies and bodies (10) the representation of the society on or at intemauonal or other committees formed for furthering obj~cts similar to those of the society )0 (11) the improvement of health, prevention of disease and mitigation of suffering and such 'other cognate objects as may be approved by the society from time to time the second schedule (see section 8) statement showing the approximate percentage of the claim of the states to the income of the property vested in the society under clause (b) of section 6 5 | name | of | states ||------------------------|--------------|-------------------------|| approximate percentage | | || of | claim | on || income | | || of | the | property' velted in the || so;:iety | | || under | clause | || (6) | | || of | section | || 6 | | || 01 | | || part a states | | || andhra - | | || assam | | || bihar | - | || bombay | | || 10 | | || | 0 | || | | || 88 | | || madhya | | || pradesh | | || 5°98 | | || 15 | | || madras | | || 5°,53 | | || orissa - | | || punjab | | || ° | | || uttar | pradesh | || west | | || bengal | | || ° | | || 20 | | || part b states | | || hyderabad | | || 4°76 | | || jlifilmu | | || and | kashmir | || 1°35 | | || madhya bharat | | || 4°43 | | || mylore - | | || patiala | and | || bast | | || punjab | states union | || 2·55 | | || rajasthan | | || 5°26 | | || saurashtra | | || 3°93 | | || travancore-cochin | | || ·25 | | || part | | || estates | | || ajmer - | | || bhopal | | || coorg | | || 01 | | || 4 | | || delhi | | || himacbal pradesh | | || tripura | | || 35 | | || vindbya pradesh | | || 100°00 | | | (see section 13) statement showing the share of ·p,a1oiricm red crobb society in the funds specified in column 1 | name | of | the | fund | from ||--------------------------|-------------------|----------|--------------|---------|| which | | | | || transfer is | to | be | | || share | of | pakistan | | || red | | | | || eros, | | | | || socie-' | | | | || ty | | | | || a8 | | | | || on | 3(>-6-48 | | | || ma~e | | | | || amount | | | | || a~vanoed | | | | || to | | | | || pakistan red ' | | | | || crosi society up | | | | || to 31-12-52 | | | | || 1 | _; | | | || balanoe | | | | || payable | | | | || to pakistan | | | | || ~ | | | | || cross | society | | | || in | | | | || securities | at' | | | || cost | | | | || and | | | | || cuh | at | ap-eed | | || upon | | | | || _,f | | | | || 2 | | | | || 3 | | | | || 4 | | | | || 1 | | | | || | | | | || | | | | || ' | | | | || indian red cross society | | | | || rs | | | | || a | | | | || p | | | | || 41,74,208 | | | | || 6 | | | | || 3 | | | | || as' | | | | || a | | | | || p | | | | || 4,04,348 | | | | || ~3 | | | | || 5 | | | | || ri | | | | || a | | | | || p | | | | || 37,69,859 | | | | || 8 | | | | || 10 | | | | || r | | | | || indian | forces' medical | | | || after-care | | | | || fund | | | | || 4,81,232 | | | | || 14 | | | | || 0 | | | | || 1,30 | | | | || ,0:00 | | | | || 0 | | | | || 0 | | | | || 3,51,232 14 | | | | || 0 | | | | || i - | | | | || ~ | | | | || i | | | | || lady | chelmsford | | | || aldm | | | | || india maternity and | d' | | | || welfare | bureau-army | | | || child welfare | fund | | | || 9j,225 | | | | || 0 | 0 | | | || 8,18~ | | | | || 13 | | | | || '0 | | | | || ' | | | | || | 83,03i, | | | || 3 | | | | || 0 | | | | || victoria memorial scho- | | | | || iarships | fund | | | || 1,83,6p9 , 4 | | | | || 0 | | | | || 18,395 | | | | || 8 | | | | || o_~ | | | | || 1,65,273 | | | | || i,l | | | | || 0 | | | | || ,, | !' | | | || " | | | | || total | | | | || 2 | | | | || 5 43',69,404 | | | | || s· | | | | || 10 | | | | || | | | | || a | | | | || tid-amount | due froll\ assam | red | cross branch | || 3~,351 | | | | || 0 | | | | || 44,05,755 | 5 | | jo | || dlduct-amount | | dy,e | | || £r~ | | | | || west punjab | | | | || b~anc:h | | | | || efdlf, | | | | || pakistan | red, | | | || i···· | | | | || cross' | '' | | ' | || net | amoupt payable | | | || tol'akis~ | | | | || red | | | | || ~08s | s~cipy | | | || ,, | | | | || l! | | | | || 44,00,212 | 5 | 10 | | || ;-- | | | | |add-interest earned on the securities in the share of the pakistan l, lted cross society from 1-7-48 to the date of transfer after 8djustina interest on the amount due from the west punjab branch of the pakistan red cross society statement of objects and reasonsthe indian red cross society was constituted by an act of the central legislature in 1920 (xv of 1920) to provide for the administration of the various monies and gifts received from the public for the purpose of medical and other aid to the sick and wounded and for other purposes of :1 like nature during the first world war and also for the administration of monies and properties held by a committee known as the joint war committee, indian brach of the order of st john of jerusalem in england and the british red cross society it was also constituted with a view to continuation in peace time, on a wider basis and with a wider purpose of the work carried on by the joint war committee and to provide for the affiliation with the indian red cross society of other societies and bodies having similar objects as a result of the partition of india in august, 1947, it has become necessary to amend the indian red cross society act, 1920, in order to authorise the indian red cross society to partition its corpus and allied funds with the pakistan red cross society and to transfer the share due to the latter in accordance with the terms mutually agreed between the two societies, the indian red cross society being at the same time discharged from all obligations imposed by the act in respect of areas in pakistan it is, therefore, proposed to amend the act to give effect to the agreement reached between the indian and pakistan red cross societies regarding the division of funds between the two societies it is also proposed to amend the act in order to enable the indian red cross society to have the necessary control over the management and procedure adopted by its branches in the states in order to ensure harmonious development of red cross services all over the country and also to enable the society to affiliate to itself societies formed in territories outside the indian union amrit kaur new delid; the 9th september, 1955 legislationunder section 5 of the indian red cross society act, 1920 the managing body is empowered to make rules for various matters specified therein it is considered desirable that the managing body should have supervisory powers over the branch committees in order to ensure harmonious development of red cross services all over the country clause 3 of the bill seeks to amend section 5 of the act for this purpose 2 the delegated legislation is of a normal character annexure extracts from the indian red cross society act, 1920(no xv of 1920) - - - - - - shon title and cxtent 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and kashmir, and to the extent to which its provisions relate to any matter in respect of which parliament has power to make laws for that state, it extends also to that state - - - - - - 5 the managing body shall, within six months from the com- powcr to mencement of this act and subject to the condition of previous make rules publication, make rules for the management, control and procedure of the society the rules may provide among other matters for the following, namely:-- - - - - - (e) the constitution of finance, medical and other committees and the delegation of powers to them; and - - - - - constitution of branch committees 8 (1) if branch committees consisting of members of the society are coristituted in any of the states in india or in any part of pakistan specified in the second schedule, then, subject to the requirements of the managing body for the purposes of clause (a) of section 7 and any provision for expenses of management, the income of the property which has been vested in the society under clause (~ of section 6 shall be distributed annually among such branch committees in the proportion shown in the said schedule, to be expended by them and at their discretion upon all or any of the objects referred to in clause (b) of section 7 (2) the central government may, by notification in the gazette of india, direct that any part of india or pakistan specified in the first column of the second schedule shall be excluded therefrom or that any part of india or pakistan not specified therein --, ; ,, shall be included therein and that the percentages specified in the third column of the said schedule shall be varied as required by any such exclusion or inclusion - - - - - - (4) no notification under sub-section (2) shall 'be made~without the consent of every branch commi~tee constituted in any state in india or any part of pakistan for the time being included in the second schedule | affiliation | of ||----------------|--------|| other | || socitics | || receipt and | || u8c | || of | lifts |9 the managing body may also affiliate to the society any other society or body having all or any of the objects and purposes referred to in section 7, and may provide for the allocation and distribution of funds, through such society or body, to or for any such objects or· purposes - - - - - - 11 the managing body may also receive and hold gifts of whatsoever description either for the general purposes of the· society or for any particular purpose for which the corpus or income of the property vested in it under clause (b) of section 6 may be applied under the provisions of section 7, and on receipt of such gifts may, subject to the provisions of rules made under section 5, apply the same to such purposes, either directly or through branch committees, or societies or bodies affiliated under section 9 powers of branch committ=s 12 subject to the provisions of rules made under section 5, each branch committee shall have all power to regulate its own procedure and constitution, to receive gifts and expend all moneys received by it for its purposes, either directly or through other societies or bodies first schedule (see section 7) objects to which the funds of the society may oe applied(1) the care of the sick and wounded men of the armed forces of the union whether still on the active list or demobilised (2) the care of those suffering from tuberculosis, having regard in the first place to soldiers and sailors, whether they have contracted the disease on active service or not (3) child welfare (4) work parties to provide the necessary garments, etc, for hospitals and health institutions in need of them (5) assistance required in all branches of nursing, health and welfare work, ancillary to any organisations which have or may come into being in india and which are recognised by the society (6) home service ambulance work (7) provision' of comforts and assistance to members of the armed forces of the union whether on the active list or demobilised (8) such other cognate objects as may, from time to time, be approved by the society (9) the expenses of management of the society and its branches and affiliated societies and bodies (10) the representation of the society on or at international or other committees formed for furthering objects similar to those of the society second schedule (see section 8)statement showing contributions made by states in india or in any part of pakistan, to the central "our day" fund and the approximate percentage of their claim on the interest on the capital fund of the joint war committee, indian branch | name | of ||----------------------|---------|| amount | || ofcontri- | || butien | || approxi- | || mate per- | || centage | || of | || claim | || on | || the interest· | || of | capital || fund | || lakhs | || uttar pradesh | || is | || 18'70 | || 8' | 1,5 || 10 | || 3' | 14 || bombay | || 1 | || western ildia stans | || 1'%,5 | || sind | || j | || " | || 10 | || j%',54 | || ii | || 13'47 | || west bengal | || 1 | || east bengal | || j | || punjab | || ~ | || west punjab , | || j | |---------'" central provinces 1 4"48 bihar ~ 8 5" 16 eastcrn statcs j "97 orissa 1 1"08 madras" - 5 3/4 7"25 rajputana } 4 4"20 ajmcr 67 cen~ral india 3 3·s0 gwalior i 1/3 1"62 north-west frontier 2 1/4 2"70 hydcrabad (deccan) t 3' 3"80 assam i 1/4 1·62 baluchistan i 1/4 1"62 mysorc" i 1/4 1"62 kashmir i 1"011 "~4 baroda delhi 2/5 ·54 -- a billfurther to amend the indian red cross society act, 1920 (rajkumari amrit kaur, minister of health)

Parliament_bills

ba5ef11d-aade-5317-89a4-97dec08c8d46

the slum areas (improvement and clear- ance) amendment bill, 1963 billto amend the s~um are(13 (impro'uement and clearance) act, 19158 be it enacted by parliament in the fourteenth year of the republic of india as follows:-1 (1) this act may be called the slum areas (improvement and ::::0:' clearance) amendment act, 1963 d1encemdt , (2) it shall come into force on such date as the central government may by notification in the ofrcial gazette, appoint ~ of 19,6 z in section 2 of the slum ~as (improvement and clearance) ~meb~mell' act, 1956 (hereinafter referred to as the principal act)-0 iectioii 2 10 (i) for clauses (e) and (f), the following cl§use shall be liubstituted, namely:-- (e) "occupier" includes-(a) any person who for the time being is paying or is liable to pay to the ownd the rent or any portion ot the rent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occ:upatlon of, or otherwise using his land or building; (c) a rent-free tenant of any land or building; 20 (d) a licensee in occupation of any land or buildin,; and (e) any person who is liable to pay to the owner damages for the ·use and occupation of any land or building;'; - (ii) clauses (g), (h) and (i) shall respectively be re-num-5 bered as clauses (f), (g) and (h); (iii) after clause (h) as so re-numbered, the following clause shall be inserted, namely:-'(i) "work of improvement" includes in relation to any building in a slum area the execution of anyone or more of the following works, namely: _ 10 (i) necessary repairs; (ii) structural alterations; (iii) provision of light points, water taps and bathing places; (iv) construction of drains, open or covered; ·15 (v) provision of latrines; (vi) provision of additional or improved fixtures or fittings; (vii) opening up or paving of courtyards; (viii) removal of rubbish; and 20 (ix) any other work including the demolition of any building or any part thereof which in the opinion of the competent authority is necessary for executing any of the works specified above' ~':~ , 3 in section 4: of the principal act,-(a) to sub-section (1), the following proviso shall be added, namely:-"provided that where the owner of the building is difterent from the owner of the land on which the building stands and the works of improvement required to be execu- 30 ted relate to provision of water taps, bathing places, construction of drains, open or covered, as the case may be, provision of water borne latrines or removal of rubbish and such works are to be executed outside the building, the notice shall be served upon the owner of the land"; 3s (b) in sub-section (2), after the word "building", the words "or the land on which the building stands" shall be inserted 4 in section 5 of the principal act,-amendment ot section , (a) in sub-sections (1) and (2), after the words "owner of the building" wherever they occur, the words "or of the land on which the building stands, as the case may be," shall be inserted; (b) sub-section (3) shall be omitted 5 after section 6 of the principal act, the following section shall insertion of be inserted, namely: _ ~~ iccuon 10 "6a (1) the competent authority may, by notification in the retr~io~ official gazette, direct that no person shall erect any building in :, ':11::: a slum area except with the previous permission in writing of are the competent authority (2) every notification issued under sub-section (1) shall cease to have effect on the expiration of two years from the date thereof except as respects things done or omitted to be done before such cesser is (3) every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the competent authority in such form and containing such information in respect of the erection of the building to which the application relates as may be prescribed (4) on receipt of such application, the competent authority, after making such enquiry as it considers necessary, shall, by order in writing,-(a) either grant the permission subject to such terms and conditions, if any, as may be specified in the order; or (b) refuse to grant such permission: provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused (5) nothing contained in sub-section (1) shall apply to---(a) any works of improvement required to be executed by a notice under sub-section (1) of section 4 or in pursuance of an undertaking given under sub-section (2) of sec-- tion 7; or (b) the erection of any building in any area in respect of which a slum clearance order has been made under section 10" aliielldmcdt 6 in section 10 of the principal act, for sub-section (7), the fo1-of lcctiod lowing sub-section shall be substituted, namely:-10 u (7) subject to the provisions of this act, where a slum clearance order has become operative, the owner of the land to which the order applies may re-develop the land in accordance ~ with plans approved by the competent authority and subject to such restrictions and conditions (including a condition with regard to the time within which the re-development shall be completed), if any, as that authority may think fit to impose provided that an ow~er who is aggrieved by a restriction or 10 condition so impose~ on the user of his land or by a subsequent refusal of the competent authority to cancel or modify any such restriction or condition may within such time as may be prescribed, appeal to the administrator and the administrator shall make such order in the matter as he thinks proper and his decision i, shall be final" '1 for section 11 of the principal act, the following section shall be substituted, namely:-subsftutiod ot"new iicictiod for section n power of competent authority to -develop clearance "i "11 (1) notwithstanding anything contained in sub-section (7) of section 10, the competent authority may at any time after the land has been cleared of the buildipgs in accordance 200 with a slum clearance order ;but before the work of re-de\relopment of that land has been commenced by the owner, by order, determine to re-develop the land if that authority is satisfied 'that it is necessary in the public interest to do so 2 (2) where land has been cleared of the buildings in accord-~ aee with a slum clearance order, the competent authority, if it is satisfied that the land has been, or is being, re-developed by the owner thereof in coldravention of plans approved by the authority or any restrictions or conditions ilnposed under subsection (7) of s~tion 10 or has not been re-developed within 30 the time if any specified under such conditions, may, by order, determine to re-develop the land: provided that ·before passing such order, tbe owner shall be given a reasonable opportunity to show cause why the order should not be passed": i 3' amendment of aec:tiod 13 8 to section 13 of the principal act, the following proviso shall be added namely:-"provided that where on any representation from the competent authority, the central government is satisfied that any 40 uch land or any portion thereof 15 unsuitable fdr the purposet mentioned in this section the central government may use the land or allow it to be used for such other public purpose or purposes as it may deem fit", 9 in section 15 of the principal act, in sub--section (6)-amef n~mci1l o sect loll (i) in the first proviso, for the words uin such proportion i, as he considers reasonable: ", the words "in the same proportion as the market price of the land bears to the market price of the building on the date of the acquisition," shall be substiuted; (ii) the second proviso shall be omitted 10 for section 19 of the principal act, the following section shall ~~~tution 10 be substituted, namely: -sect~on fo~ section lsi "19 (1) notwithstanding -anything co~tained in any other fo~~m: law for the time bemg in force, no person shall, except with the of telwltl previous permission in writing of the competent authority, =e~ :tll-- - out pcrmia-(a) mstitute, after the commencement of the slum sion of the i~ areas (improvement and clearance) amendment act 1963, ~:=~dt any suit or proceeding for obtaining any decree or order for u my the eviction of a tenant from any building or land in a slum area; or (b) where any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a tenant from any building or land in such area, execute such decree or order (2) every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the competent authority in such fonn and containing such particulars as may be prescribed (3) on receipt of such application, the eompetent authority, after giving an opportunity to the parties of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit, shall by order in writing, either grant or refuse to grant such permission (4) in granting or refusing to grant the permission under sub-section (3) the competent authority shall take into account the following factors, namely:-3s (a) whether alternative accommodation within the means of the tenant would be available to him 11' he were evicted; (b) whether the eviction is in the interest of improve-ment and clearance of the slum areas; (c) such other factors, if any, as may be prescribed (5) where the competent authority refuses to grant s the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant" 11 for section 20 of the principal act, the following section shall be substituted, namely:i i subttitution of new lection for aection 20 appeals "20 any person aggrieved by an order of the competent au- 10 thority refusing to grant the permission referred to in subsection (1) of section 6a or referred to in sub-section (1) of section 19 may, within such time as may be prescribed, prefer an appeal to the administrator and the administrator m~, after hearing the 'appellant, decide such appeal and his decision j, shall be fina!" 12 after section 20 of the principal act, the following sectiorul shall be inserted, namely:---l idsertien of new scc',ions 20a and lob restoration of poslcssi,n ofpremile yacated by a tenant , "20a (1) where a tenant in occupation of any building in a slum area vacates any building or is evicted therefrom on 20 the ground that it was required for the purpose of executini any work of improvement or for the purpose of re-erection of the building, the tenant may, within such time as may be prescribed, file a declaration with the competent authority that he desires to be replaced in occupation of the building after the completion of the work of improvement or re-erection of the 2s building, as the case may be (2) on receipt of such declaration, the competent authority shall by order require the owner of the building to furnish to it, within such time as may be prescribed, the plans of the work of improvement or re-erection of the building and estimates of 30 the cost thereof and such other particulars as may be necessary and shall, on the basis of such plans and estimates and particulars, if any, furnished and having regard to the provisions of sub-section (3) of section 20b and after holding such inquiry as it may think fit, provisionally determine the rent that would 3s be payable by the ·tenant if he were to be replaced in occupation of the bliilding in pursuance of the declaration made by him under su\h3ection (1) (3) the rent provisionally determined under sub-section (2) shall be communicated in the prescribed manner to the 4g tenant and the owner i i 10 (4) if the tenant after the receipt of such communication intimates in writing ~o the coippetent authority within such time as may be prescribed that when he is replaced ill occupation 0' the building in pursuance of the declaration made by him under sub-section (1), he would pay to the owner until the rent is finally determined under section 20b the rent provision~ uy determined under sub-section (2), the competenll authority 'shall direct the owner to place the tenant in occupation of the building after the completion of the work of ·improvement or re-erection of the building, as the case may be, and the owner shall be bowld to comply with such direction 20b (1) where any building in a slum area is let to - :entot tenant after th~ execution of any work of improvement or after ~~:;~p it has been re-erected, the rent of the building shall be deter- areas mined in accordance with the provisions of this section (2) where any such building is let to a tenant other than a tenant who is placed in possession of the bui1din~ in pursuance of a direction issued under sub-section (4) of section 20a the tenant shall be liable to pny to the owner-20 z5 (a) if there is a general law relating to the control of rents in force in the area in which the building is situated and applicable to that building, the rent determined in accordance witib the provisions of that law; (b) if there is no such law in force in such area, such rent as may be agreed upon between the owner and the tenant (}) where any such building is let to a tenant in pursuance of a direction issued under sub-section (4) of section 20a, the tenant shall, notwithstanding any law relatinsr to the control of rents in force in the area, be liable to pay to the owner-(a) if any work of improvement has been executed in relation to the building, an annual rent of a sum equivalent to the aggregate of the following amounts, namely:-35 (i) the annual rent the tenant was paying immediately before he vacated the building for the purpose of execution of the work of improvement; (ii) seven and a half per cent of the cost of the work of improvement; and i i (iii) seven and a half per cent of a sum equivalent to the compensation payable in respect of any land which may have been acquired for the purpose of eff~cting such improvement as if such land were acquired under section 12 on the date of the eommencement of the work of improvement: (b) if the building has been re-erected, an annual rent of a sum ~quivalent to seven and a half per cent of the aggregate cost of reconstruction of the building and the s cost of the land on which the building is re-erected explanation-for the purposes of this clause, the cost of the land shall be deemed to be a sum equivalent to the compensation payable in respect of the land if it were acquired under section 12 on the date of commencement of the 10 reconstruction of the building (4) the rent payable by a tenant in respect of any buildhig under sub-section (3) shall, on an appliction made by the tenant or the owner, be det-ermined by the authority referred to in sub-section (5): 15 provided that an application for determination of such rent by the owner or the tenant shall not, except for sufficient cause, be entertained by such authority after the expiry of ninet~· d:\vs from the completion of the work of improvement or re-ereciion of the building, as the ease may be 20 (5) the authority to which the application referred to in sub-section (4) shall be made, shall be-(a) where there is a general law relating to the control of rents in forre in the area in which the building is situate, the authority to whom applications may be made for fixing 2s of rents of buhdings situate in that area; and for the purpose of determining the rent under this section that authority may exercise all or any of the powers it has under the said generallaw; and the provisions of such law including provisions relating to appeals shall apply accordingly; 30 (b) if there is no such law in force in that area, such authority as may be specified by rules made in this behalf by the central government and such rules may provide the procedure that will be followed by that authority in determining the rent end also for appeals against the decision of such 3s authority (6) where the rent is finally determined under this section, then the amount of rent paid by the tenant shall be adjusted against the rent s:> finally determined 8ll;d if the amount so paid falls short of, or i~ in excess of, the rent finally determined, the 40 tenant shall pay the deficiency, or be entitled to a refund, as the ease may be" 13 in section 21 of the principal act,-a en ofaectiod (i) for the words "execution of any decree or order under any 21 law for the evj~tion", the words "eviction under any law" shall be substituted; (ii) for the words "the delhi improvement trust", the words "the delhi development authority" shall be substituted 14 in section 27 of the 'principal act, for the words "no building amen~ent or land", the words "save as provided in this act, no building or land" ~~~ectjon shall be substituted 10 15 in section 28 of the principal act, after the words "specified in amendment the order", the words "and for the purpose of such eviction may use ofsectioll or cause to be used such force as may be necessary" shall be 28 inserted 16 in section 32 of the principal act, in sub-section (1), for the amend:ment is words "does any act in contravention of", the words "fails to comply ~~icctlod with" shall be substituted 1'1 section 33 of the principal act shall be re-numbered as sub- amen4medt section (1) thereof and after sub-section (1) as so re-numbered, the ~~sectlod following sub-section shwl be inserted, namely:-20 "(2) for the purpose of causing any building to be demolished under sub-section (1), the competent authorlty may use or cause to be used such force as may be necessary" 18 section 36 of the principal act shall be re-numbered as sub- amendment section (1) thereof and after sub-section (1) as so r~umbered, the ofseccion a, following sub-section shall be inserted, namely:-36 "(2) the administrator may, by notification in the official gazette, delegate, t;upject to such conditions, if any, qs may be specified in the notification, any power exercisable by him under sub-seetion '(7) of section 10, section 15, section 20 and section 30 to any officer not below the rank of a district judge" 19 after section 37 of the principal i\ct, the following section shall insertion of be inserted, namely:--new icction 37a~ "37 a save as otherwise expressly provided in this act, no bar of rilcivil court shall have jurisdiction in respect of any matter which diction 3' the competent authority or any other person is empowered by or under this act; to determine and no injunction shall be granted by any court or other authority in respect of any action taken ot to be taken in ·pursuance of any power conferred by or under this aj::t" ajdeiiddledt of iectiod <$0 zoo in section 40 of the princlp31 act,-(i) in s:ub-section (2) ,-(s) after dause (b), the following clauses shall be insert~ s ed, namely:-"('bb) the form in which an application under subsection (3) of section sa shall be made and the information to be furnished and the fees to be levied in respect of such application; 10 (bbb) the manner in which inquiries may be held under sections 15 and 19;"; (b) in clause (d), after the words "be followed", the words "and the" factors to be taken into consideration" shall be ~nserted; te) in clause (e), far the word and figures "section 20", the 'words, figures and brackets "subsection (7) of section 10 or section 20" shall be substituted; (d) after clause (e), the following clauses shall be inserted, namely:-30 ii (ee) the time within which is declaration may be filed under sub-tection (1) or an intimation may be sent ,under sub-section (4) of section 20a and the fees, if any, to be levied in respect of such declaration; 35 (eee) the time within which plans, estimates and 2s other particulars referred to in sub-sedion (2) of section 20a may be furnished; (eeee) the procedure to be followed by the comp~ tent authority for axing the provisional rent under subsection (2) of section 20a; , (eeeee) the manner in which the rent provisionally determined under section 20a shall be communicated to the tenant'i iuld owners; (eeeeee) the matters in respect of which provision may be made under su~section (5) of section 20b;"; (ii) for sub-section (3), the following su~'section shall be substituted, namely:-"(3) every rule made under this section sbal1 be laid 8s loon as may be after l·t i8 made before each house of parlia ment while it is in session for a totar period of thirty days 40 wpich ld9r be comprised in one session of in two suc;cessiv' 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 modlftcatlon in the rule or both houses agree that the rule should not be made, the rule aha1l thens after have effect only in such modified form or be of no effect, u! the ("lre may be; so however that any such modiftcatlon or annulment sholl be without prejudice to the validity of aay· thing previou,ly done under that rule" statement of objects and reasonsthe slum areas (improvement and clearance) act, 1956, was enacted to provide for the improvement and clearance of slum' areas in certain union territories and for the protection of tenants from eviction 'in such areas experience of the working of the act has, however, revealed certain difficulties it is, therefore, proposed to amend the act to remove these difficulties, to facilitate and quicken slum improvement and clearance work, to require owners to restore the possession of the improved and re-developed premises to the previous tenants on payment of a reasonable rent, and to give protection against eviction to tenants such as amledars of premises in slum areas 2 the main feature!! of the bill are: (a) unauthorised building activity in slum areas will be prohibited: (b) the competent uuthority will have the power to redevelop a clearance area before this work is commenced by the owner, if it is necessary in the public interest to do so that authority will also be authorised to undertake re-development work itself' if the owner re-develops the clearance area in contravention of the plans or delays the re-dev~lopment work; (c) it will be obligatory on the owners of slums, who take up improvement or re-development work of their property, to restore possession of the ·premises to the previous ten1lnts in the improved or re-erected buildings at a concessional rent; (d) proceedings for the eviction of tenants in the slum areas will not be taken without the prior permission of the competent authority 3 the notes on clauses explain the various changes proposed to be made ' i ~: 1:;, ,, new delhi; mehr chand khanna the 24th augmt, 1963 - " president's recommendation under article 117 of the constitution of india[copy of letter no hiii-9/1/59-hi, dated the 6th september, 1963 from shri mehr chand khanna, minister of works, housing and rehabilitation to the secretary, lok sabha] the president having been informed of the subject matter of the proposed slum areas (improvement and clearance) amendment bill, 1963, recommends to the house under article 117(3) of the constitution of india the consideration of the bill clause 2-the d(;finition of 'occupier' hili been amplified to include persons who are paying or are liuble to pay rent of the land or the building and certain categories of persons in occupation of or otherwise using the land or building so as to facilitate recovery under section 6 of the act of expenses incurred in connection with the maintenance of works of improvement, etc it is on the same lines as in the delhi municipal corporation act, 1957 the detinition of 'work of improvement' besides being placed jja its proper alphabetical order has been slightly modified to include provision of bathing places clauses 3 and 4·--sections 4 and 5 of the act empower the competent authority to require by notice the 'owner of the building to execute wol'ks of improvement to the buildings in slum areas these have been found to be inadequate in cases where the owner of the land is different from the owner of the building and certain essential improvements outside the building have to be carded out, which o)n be done only by the owner of the land clauses 3 and 4 seek to amend sections 4 and 5 of the act suitably to remove this difficulty clause 5-proposed section 6a empowers the competent' authority to prohibit for a reasonable period the construction of any building or any addition nr alteration in an old building in the are~ declared as slwn areas except with its previous permission and on such terms and conditions as may be imposed in this regard this will facilitate planned improvement of slum arelli clauses 6 and 7-clause 6 substitutes existing sub-section (7) of section 10 by a new sub-section this new sub-section effects a change which is consequential to the substitution of section 11 by a new section moreover, it has been made clear in the new subsection that the competent authority may impose 8 condition as to the time limit within which re-development shall be completed proposed section 11 consists of two sub-sections proposed subsection (1) confers power on the competent authority ·to undertake re-development work in urgent cases without giving the owner an opportunity to re-develop the land proposed sub-section (2) would "pply in cases where the owner has undertaken the lrmevelopment of the land himself but the re-development is not being done in ac- cordance with the plans or has not been completed within the time specified by the competent ·authority in such cases the competent authority may by c,rder determine to re-develop the land it is, however, being provided that no such order shall be passed without dording to the owne; a reasonable opportunity of showing cause against the order proposed clause 8-the proporedproviso to section 13 is intended to make it clear thatin cases where jand acquired under the act has become or is found to be unsuitable for the purposes of slum improvement, the central government may use the land or allow it to be used for such other public purpose or purposes as it may deem fit clau'1e 9-sectbn 15 (6) is being amended to make it clear that the apportionment of compensation between the owner of the lend and the owner of the building standing on such land would be in the proportion the market priee of the land -bears at the time of acquisition to the market price of the building thereon at present the matter is left to the discretion of the competent autho~ty clause lo-under section 19, the previous permission in writing of the competent authority is required for the execution of any decree or order for eviction of ii tenant from any building in a slum urea clause 10 seeks to amend section 19 to provide that after the commencement of the amendment act, no suit for the eviction of a tenant from any building in a slum area shall be instituted except with the previous permission in ~riting of the competent authority permission at the commencement of legal proceedings would avoid inft'uctuous 1itj~tion, specific principles for guiding the competent authority in dealing with the 8pp1icationc; for the grant 'of sanction to sue are laid down the existingprovisi(1t!!'; will continue to apply in relation to the pending suit!:: or other pr('lc'eed'in~ for eviction or deerees or orders already passed clause 11-this seeks to provide also for a right of appeal from orders of the competent authority refusing to grant permission under the proposed section 6a (vide notes on clause 5) claw! 12-proposed section 20a seekf! to impose, in the circumstances mentioned in that secti,on, an oblilt3tion upon the owner of a building to replace a tenant, who has vacated' the building to facilitate 'the execution of any works of improvement or the re-erection of the building, after the completion of such works of iml)rovernent or rebuilding proposed section 20b provides for determination of rent of buildings in a slum area let out after the execution of any work of improvement or re-erectfon of the building in the case of an old tenant replaced in possession of ,the building in pursuance of the provisions of proposed section 20a, a concessional rent is pr~scribed afld in the case of other tenants the provisions of the general rent control law are sought to be made applicable clau~els 13 and 14-the amendments are of a consequential and clariftcatory nature clauses 15 and 17-sections 28 and 33 of the act are sought to be modified by clauses 15 and 17 respectively so as to give power to the competent authority to use minimum reasonable force necessary in "the enforcement of orders for vacation or demolition of a building clause l6-the change is of a dmfting nature c14use l8-proposed sub-section (2) of section 36 empowers the administrator to delegate his power of hearing appeals to any officer not below the rank of a district judge clau~e 19--proposed section ma provides for bar af jurisdiction of civil courfs in respect of matters which the competent authority or any other person is empowered to determine under the act and further provides that no court or nuthority shall have the power to grant any injunction in respect of any action taken or to be taken in pursuance of any power conferred by or under the act this is to facilitate speedy execution of slum improvement and clearance work c'l4use 20-the changes made are idfinly of a consequential nature financial memorandum·clause 7 of the bill enables the competent authority to undertake rec:levelopment of slum cleaqmce areas himself if he is satisfied that it is necessary in the public inlcl'cst lo du w he would thus have greater discretion in undertaking re-of'velnpment work than under e"isting section 11, as before' ordinarily, the re-development work would be left to be done by the ·owners themselves however, in view of the proposed amcndment the competent authority may now wldert'lke re-developrrfent work, in a larger number of cases and this may involve· additional expenditure inasmuch as the circumstances under which the competent authority will exercise his powers are uncertain, it is -11et possible to state exactly the likely expenditure, though· according to present e~timates, it is expected to be about fifteen lakhs per annum z under clause (5) of proposed section 20b (vide clause 11 of the bill), final determination of the rent in respect of buildings replaced in possession of the tenant~ in slum areas will be made by the authorities under the general law relftting too the control of rents in force in the area in which thc buildings are situate; in regard to areas in which no such law is in force, provision is made for prescribing a suivable authority for the purpose by rules the existing officers of the govemm~nt will be prescrib~d as the appropriate authorities for determining rents in cases where rules are made for the purpese and therefore no ad"ltjonaj expenditure 1 likely to be !1'1eurred 01\ w, 1cco\lj\, -- ,-' i - , clause' 26 of the mn amends sub-section (2) of seclion 40 at 'the act to empbwer the central government to make rules in·retattc:m:'td certain additi'onat matters the additional matters relate, mter afta, to die fdrm in wh1ch an app1i~tion under sub-section (3) of~' secti6n~a mall be made, the information to be :furnished _lfth fees to be' levied in respect of such applications, the il1&iul'el' ira- ~ enquiries may be held under section 15 and proposed aeetton 'ft,' me ecmrtlonal' factors'to be taken into conslcteration in gran'hnt-ar refusfftg' an: app1ieation under sub-section (1) of propoiied ·be<itit)n ·tt, &he- time within which a declaration may be fthd under sab-seetlon (1) of i"!'b~ seetion 20a and the fees to be levied ili're8peet of' suehtjeetaratioh, 'the procedure to be followed for fudttg' provisltm'ld rent under sub-section (2) of proposed section !ta these ms;t~ pm;tain to procedure form or detail and as such the deleptien of lq'ismive power is of a normal character and clearance) act, 1956(96 of 1956) - - - - - chapter iprellminary - - - - - 2 ,fa -tbia· a~, ,~esl the context otherwibereq~ires,-- - - - - le) "work of improvement" includes in relation to 8j1t building in a alum area the execution of anyone or more oftbe following works, namely:-~i) necessary repairs; (ii) structural alterations; (iii) provision of light points add water tapa; (iv) cons~ruction of drains, open ,or covered; (v) provision of latl"ines; (vi) provision of additional or improved ibttures or 'ftftinp; (uiij ~idiup or paving of cow:t yards; (viii) removal of rubbish; and ,(~) 80j other wort including the demoliti9l1 of any bui1di~ or any part tbereof which in the opinigd of the ~petedt ~tam'ity is necessary for execu~ aay 01 \\(qi'ki ~ified -8qove; -m '~capier" iticludes an owner in occupation of or otherwise using his own land or building; (g) "owner" iftcludes any person who is recetvldg at e~ to reqaive the r-ent of any buil~~g or land wbether ca his own account or on behalf of himaelf and ·ethers or _ or t~s~e, or who would so receive the rent or be entitled to 'rec~ive itif the b\lild,ing or land were let to a tenant; (h) "prescribed" means prescribed by rules made under this act; and (i) "slum clearance" means the clearance of any slum area by the demolition and removal of buildings therefrom - - - - - chapter iii slum improvementpower of competfdt authortiy to require improvemedt of buildings udjit for humao habitation 4 (1) where the competent authority upon report from any of its officers or other information in its possession is satisfied that any building in a slum area is in any respect unfit for human habitation, it may, unless in its opinion the building is not capable at a reasonable expense of being rendered so fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therei and stating that in the opinion of the authority those works will render' the building fit for human habitation (2) in addition to serving a notice under this section on the owner, the competent authority may serve a copy of the notice on any other person having an interest in the building whether as lessee, mortgagee or otherwise - - - - - enforcement 5 (1) if a notice under section 4 requiring the owner of the of dc?(c:e building to execute works of improvement is not complied with, requlrlnl h f h " f h' 'fi d' th 'th execution of t en a ter t e expiration 0 t e time speci e m e notice e ~ol'ks of competent authority may itself do the works required to be done by improve_ , ment, the notice, - (2) all expenses incurred by the competent authority under this section, together with interest at such rate as the central government may by order fix, from the date when a demand for the expenses is made until payment, may be recovered by' the competent authority from the owner of the building as arrears of land revenue: provided that if the owner proves that he-(a) is receiving the rent merely as agent or trustee for some other person; and (b) has not in his hands on behalf of that other person sufficient money to satisfy the whole demand of the authority, his liability shall be limited to the total amount of the money which he has in his hands as aforesaid (3) if the owner of the building is different from the person who owns the land on which the building stands and the expenses incurred by the competent authority under this section are recoverable from both these persons, then, such expenses shall be recovered from them in such proportion as may be determined by the competent authority or by an officer empowered by it in this behal! - - - - - chapter ivslum clearance and re-development - - - - - 10 (1) - - - - - - slum clearance order (7) where a slum clearance order has become operative, no land to which the order applies shall be re-developed except in accordance with plans approved by the competent authority and except subject to such restrictions and conditions, if any, as the competent authority may think fit to impose: provided that an owner who is aggrieved by a restriction or condition so imposed on the user of his land or by a subsequent refusal of the competent authority to cancel or modify any such restriction or condition may at any time appeal to the administrator and the administrator shall make such order in the matter as he thinks proper and his decision shall be final - - - - - 11 where land has been cleared of buildings in accordance with pf)\\'er of a slum clearance order, the competent authority may, at any time :ili~~:;~o after the expiration of twelve months from the date on which the re-devclop d b clearance or er ecame operative, by order, determine to re-develop any land arca or an y which on the date of the making of the order has not been, or is pan thereof not in the process of being, re-developed by the owner thereof in accordance with plans approved by the authority and any restrictions and conditions imposed under sub-section (7) of section 10 · ' chapter v- - acquisition of land - - - it where any land in a slum area or clearance area has been land ieacqdftoed under this act the central government shall make the ~rcctlb6ov_ land available to the competent authority for the purpose of execut- mm':t to ing any work of improvement or carrying out any order of demolition be'lm~e vi! able to or for the purpose of re-development the compe-- - - - - tent authority determination of compensation u (i) - - - - - (6) where there is any building on the land in respect of which the net average monthly income has been determined, no separate compensation shall be paid in respect of such building: provided that where the owner of the land and the owner of 'a building on such land are different, the competent authority shall apportion the amount of compensation between the owner of the land and the owner of the building in such proportion as he considers reasonable: provided further that the compensation in respect of the building shall not in any case exceed fifty per cent of the totl amount of, compensation which has been determined in accordance wita the provisions of this section - - - - - chapter vi proteotion of 'lbnants in slum abbas form evic\'ioj(ten tl in ~9 (1) notwithstanding anything contained in any other law alum areas for the time being in force, no person who has obtained anydec~ :'k::l!ith- or order for the eviction of a tenant from any building ill a ,a1wn out permi8- area shall be entitled to execute such decree or order except with !!,c;;:p::: the previous permission in writing of the competent authority authority (2:) every person desiring to obtain thepermisiioll nfermi to m bubo-settion (l) shall make anapplic8tion in writing to the cem-,etent authority in such form and containing s\lch,particw8i'i - y 'de prescribed i (3) on receipt of such application the competent authortty, after giving an opportunity to the tenal'lt of being heard and afte}' making such summary inquiry into the ekcumstances of the ease as it thinks fit, shall by order in writing either grant such pemiiltbton or refuse to grant such permission ,, (4) where the competent authority refuses to grant the permission it shall record a brief statement of the reasons for iuch refusal ond furnish a copy thereof to the applicant - 2lt any person aggrieved by an order of the competent 'a~ol1ty refusing to grant the permission referred to in sub-section (f) -6f section 19 may, within such time as may be prescribed, prefer 'an appeal to the administrator and the decision of the administrator on such a'ppeal shall be final: 'i" • nothing in this chapter shall apply to or in relation to the· cbaptjr not e3tetutfon of aay decree or qrder under any law for the eviriim of' !~i~rfo1 0\0 a"~nt from any building in a slum area belonging to the govtena~t flud h certain et1uwent,the delhi improvement trust or any local aut onty buildinjl chapter viimiscella1'ii'eous - - - - - 27 no building or land shall be entered without the consent of own the occupier, or if there i'3 no occupier, of the owner thereof and no ~;~;n:oo=isuch entry shall be made without giving tlie said occupier or owner, obtained as the case may be not le:>s th:m twenty-four hours' written notice of the intention to make such entry: provided that no such notice shall be necessary if the place to be inspected is a shed: for cattle or a latrine, urinal or a work under cql1'struction " 28 where the competent authority is satisfied either upon a repre- power of (lentation trom the owner of a building or upon other information in eviction ~o d its possession that the occupants of the building have not vacated it ~,~;~b! 'n pursuance of any notice, order or direction issued or given by the qompe!-cnt uthottty, the authority shall, by order, direct the eviction of the a"thorltf' ck'-fupams' frem· fide buildmg in such manner and within such t~q fis maybe specified in the order: i'royicied th,at before making any order wilder this section the e&mpetent authority shau live a reas0bable opportunity to th& occ\jro »&uta oj thebwldini to show cause why they; should not -be evicted tgewromi i - •• - - - 32 ~) whoever ioes any act in contravention of any notice, , order or direction issued or given under this act shall be punishable penalties with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both - - - - - ~ where the erection of any building has been commenced, or order, ~f i be, d t h be ltd' t t' f demolition s mg carrie ou, or as en comp e e , in con raven ion 0 any of buil$linga restriction or condition imposed under sub-section (7) of section 10 in cenain or a plan for the re-development of any clearance area or in contra- catel vention of any notice, order or direction i9sued or given under this act the competent authority may, in addition to any other remedy that may be resorted to under this act or under any other law, make in order directing that such erection shall be demolished by the owner thereof within such time not exceeding two months as may be specified in the order, and on the failure of the owner to comply with the order, the competent authority may itself cause the ereetion to be demolished and the expenses of such domolition shall be recoverable from the owner as arrears of land revenue: power to delelatc provided that no such order shall be made unless the owner has been given a reasonable opportunity of being heard - - - - - 36 the competent authority may, by notification in the official gazette, direct, that any power exercisable by it under this act may also be exercised, in such cases and subject to such conditions, if any, as may be specified in the notification, by such officer or the local authority as may be mentioned therein - - - - - =rr~el 40 (1) the central government may, by notification in the a lcial gazette, make rules to carry out the purposes of this act (2) in particular and without prejudice to the generality of the )regoing power such rules may provide for all or any of the fol, owing matters, namely:--2 - - - - - (d) the procedure to be followed by the competent authority before granting or refusing to grant permission under section it: - - - - - (3) all rules made un<ler this section sha~l be, laid for dot leu thad, thirty days before both housel of parliament,' as sooll u ,,ible after they are made, and shall be subject to suell modifie,tlodi u parliament may make during the sea lion in which they are 'if) laid or the session immedtately following '" - - - - - - ~ -'" a billto amend the slum areas (improvement and clearance) act, 1956 ; (shri mehr chand khanna, minister of works, housing and rehabilitation )

Parliament_bills

6b204d3b-920e-53f1-81b4-ffe753367a30

bill no 46 of 2012 the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) amendment bill, 2012 byshri arjun meghwal, mp a billfurther to amend the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994be it enacted by parliament in the sixty-third year of the republic of india as follows:—(prohibition of sex selection) amendment act, 2012and commencement insertion of new section 16bselection) act, 1994 (hereinafter referred to as the principal act), after section 16a, the following section shall be inserted, namely:—constitution of district working committee5"16b (1) the state supervisory boards and the union territory supervisory boards constituted under sub-section (1) of section 16a shall constitute district working committees in each district under their respective jurisdiction for the purpose of discharging their functions, particularly those referred to in clauses (i), (iii) and (iv) of sub-section (1) of section 16a, at district level in an efficient manner:provided that the district working committees may perform such other functions as may be assigned to them from time to time by respective state supervisory boards or the union territory boards, as the case may be(2) the district working committee shall consist of,—10(i) an officer not below the rank of additional district magistrate—chairperson, ex-officio;(ii) chief medical officer of a government hospital—member, ex-officio;(iii) five eminent women activists representing women's organization—members; and15(iv) ten persons representing reputed social organizations actively working in the district for at least ten years for prevention of determination of sex or female foeticide—members20(3) the district working committee shall meet at least once in every three months and the quorum to constitute a meeting of the committee shall be one-third of the total number of members of the committee(4) for the purpose of performing its functions and activities, the district working committee shall follow such procedures as the state supervisory board or union territory supervisory board, as the case may be, may specify"amendment of section 22253 in section 22 of the principal act, in sub-section (3), for the words "imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees", the words "imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees" shall be substituted4 in section 23 of the principal act,—amendment of section 2330(i) in sub-section (2), for the words "five years", the words "ten years" shall be substituted35(ii) in sub-section (3), for the words "imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees", the words "imprisonment for a term which may extend to five years and with fine which may extend to one lakh rupees for the first offence and for any subsequent offence with imprisonment which may extend to ten years and with fine which may extend to two lakh rupees" shall be substituted405 for section 25 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 2545"25 whoever contravenes any of the provisions of this act or any rules made thereunder, for which no penalty has been elsewhere provided in this act, shall be punishable with imprisonment for a term which may extend to six months or with fine, which may extend to ten thousand rupees or with both and in the case of continuing contravention with an additional fine which may extend to five thousand rupees for every day during which such contravention continues after the conviction for the first such contravention" statement of objects and reasonsthe pre-conception and pre-natal diagnostic techniques (prohibition of sex selection)act, 1994 was enacted with a view to prevent unscrupulous use of ultrasonography scans to determine the sex of the unborn child however, there has been no effective implementation of the provisions of the act to prevent female foeticide across the country one of the prime reasons for it is that there is no effective machinery available at village level to district level in the state to create awareness among the masses about female foeticide and to check the increasing offences therefore, it is necessary to provide a mechanism in the act itself for constitution of district working committees comprising of social workers and officials of district administration in every district to create awareness among the masses and to implement the provisions of the act there is also a need to provide stringent punishment under the act so as to deter people from committing offencesthe bill seeks to provide for— (a) constitution of district working committees at district level to create awareness among the masses and to check increasing offences of female foeticide in every district; and(b) enhancing the penalty for contravention of the act so as to deter people from committing such offenceshence this billnew delhi;arjun meghwalmarch 27, 2012 financial memorandumclause 2 of the bill provides for the constitution of district working committees in every district of the states and union territories the district working committee shall consist of representatives of women organizations and social organizations working to prevent determination of sex or female foeticide in the district the state governments have to bear the expenditure in respect of travelling allowance, etc to be paid to the members of the district working committees from their respective consolidated funds however, the central government have to bear the expenditure in respect of district working committees to be constituted in the union territories the bill, therefore, if enacted, would involve expenditure out of the consolidated fund of india it is estimated that an annual recurring expenditure to the tune of rupees one hundred crore is likely to be involveda non-recurring expenditure to the tune of rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of the bill these rules will relate to matters of detail only the delegation of legislative powers is, therefore, of a normal character annexure extract from the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994 (act no 57 of 1994) 22 (1) (2) (3) any person who contravenes the provisions of sub-section (1) or sub-section (2)shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention23 (1) offences and penalties(2) the name of the registered medical practitioner shall be reported by the appropriate authority to the state medical council concerned for taking necessary action including suspension of the registration if the charges are framed by the court and till the case is disposed of and on conviction for removal of his name from the register of the council for a period of five years for the first offence and permanently for the subsequent offence(3) any person who seeks the aid of any genetic counselling centre, genetic laboratory, genetic clinic or ultrasound clinic or imaging clinic or of a medical geneticist, gynaecologist, sonologist or imaging specialist or registered medical practitioner or any other person for sex selection or for conducting pre-natal diagnostic techniques on any pregnant women for the purposes other than those specified in sub-section (2) of section 4, he shall, be punishable with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees 25 whoever contravenes any of the provisions of this act or any rules made thereunder, for which no penalty has been elsewhere provided in this act, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one thousand rupees or with both and in the case of continuing contravention with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention| ||---------------|| penalty for || contravention || of the || provisions of || the act or || rules for || which no || specific || punishment is || provided |————abillfurther to amend the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994————(shri arjun meghwal, mp)gmgipmrnd—83ls(s3)—19042012

Parliament_bills

de13e669-d059-5226-9559-d481146e3dd5

the sick industrial companies (special provisions) bill, 1985 arrangement of clauses chapter i preliminary clauses1 short title, extent, commencement and application 2 declaration 3 definitions chapter ii board and appell;an: authority for industrial and financial reconstruction4 establishment of board 5 constitution of appellate authority 6 term of office, conditions of service, etc, of chairman and other members 7 removal members from office in certain circumstances 8 secretary, oftlcers and other employees of board or appellate authority 9 salaries, etc, be defrayed out of the consolidated fund of india 10 vacancies, etc, not to invalidate proceedings of board and appellate authority 11 members and staff of board and appellate authority to be public servants i2 constitution of benches of board or appellate authority 13 procedure of board and appellate authority 14 proceedings before board or appellate authority to be judicial proceedings chapter iii references, inqt11ries and schemes15 reference to board 16 inquiry into working of sick industrial companies 17 powers of board to make suitable order on the completion of inquiry 18 preparation and sanction of-schemes 19 rehabilitation by giving financial assistance (i) 'clauses20 winding up of sick industrial company 21 opei'ktlhg agency to prepare complete inventory, etc 22 suspension of legal pr~dings contracts, etc chapter ivproca:dinas in case of potentially sick industrial companies, misfeas-ance procileduf~ appeals and miscellaneous , 23 loss of 50 per cent net worth by industrial companies \ 24 misfeasance proceeditlgs 25 appeal 26 bar of juri~ction 27 delegation of powers 28 returns and information 29 power to seek the assistance of chief metropolitan magistrate and district magistrate 30 protection of action taken in good faith 31 saving of pending proceedings 32 effect of the act on other laws 33 penalty for certain offences 34 offences by companies 35 power to remove difficultie1 36 power to make rules the schedule a billto make, in the public interest, special provisions with a view to securing the timely detection of sick and potentially ii/:k companie8 owm,g ind1j,8tr;al undertakings, the speedy determination by a board of e~ert~ of the preventive, ameuorative, remedial and other measures which need to be taken with respect to such comp&nie8 and the e:z:peditioub enforcement of the measures so detennined and for matters co'ltnecied therewith or incidental thereto be it enacted by parliament in the thirty-sixth year of the republic of indi,a as follows:-chapter i preliminary5 1 (1) this act may be called the sick industrial companies (~p"cial provisions) act, 1985, (~) it extends to the whole of india (3)- it shall come into force on such date as the central govemm'3nt may, by·notiftcatioll in the official gazette, appoint and di1ferent dates may 10 be appointed for different ~rovisions of this act and any reference in any short title, extent, commencement and application provision of this act to the commencement of this act shall be construed as a reference to the commencement of that provision (4) it shall apply, in the first instance, to all the scheduled industrles other than the scheduled industry relating to ships and other vessels drawn by power 5 (5) the central government may, in consultation with the reserve bank of india, by notification, apply the provisions of this act, qll and from such date as may be specified in the notification, to the scheduled industry relating to 'ships and other vessels drawn by power declaration 2 it is hereby declared that this act is for giving effect to the policy 10 of the state towards securing the principles specified in clauses (b) and (c) of article ·39 of the constitution deftni-3 (1) in this act, unless the context otherwise requires,-tiona ('a) uappellate authority" means the appellate authority for industrial and financial reconstruction constituted under section s; 15 (b) "board" means the board for industrial and financial reconstruction established under section 4; (c) uchairman" means the chairman of the board or, as the case may be, the appellate authority; (d) "company" means a company as defined in section 3 of 20 fhe companies act, 1956, but does not include a government com-1 of 1958 pany as defined in section 617 of that act; (e) "industrial company" means a company which owns oine or more industrial undertakings; (f) uindu'strial undertaking" means any undertaking pertain- 25 ing to a scheduled industry carried on in one or more factories by any company but does not include (i) an ancillary industrial undertaking as defined in clause (aa) of section 3 of the industries (development and regulation) act, 19s1; and 3065 of1951 (ii) a small scale industrial undertaking as defined in clause (j) of the aforesaid section 3; (g) "member" means a member of the board or, as the case may be, the appellate authority and includes the chairman thereof; (h) "notification" means a notific~ticm published in the om- 35 cial gazette; (i) "operating agency" means any public 1fnancial institution as may be specified by general or special order as its ageney by the board; (j) "prescribed" means prescribed by rules made under this 40 act; 1'me£ip<-industrialcompanies (special-irov~ti i~ 1985--(la bajas introduced in ltk sabha) l ___ _ p-age t1) line 11 against clause tin 1-i after ttremova~ "of" 2 page (ii) line 8 against clause-na23-ie£ "50 ~~ cent" ¥ "fifty per cent" ~3~ line 1,-~_ ~read "in-sti:tution" 4 - ,-page 4, against line 3, in the marginal citarton-for "43 of 1951" read "63 of 1951" ----- sfter --"'(;l~_ omit 6 1 page 5, line 43,-for "until" read "till" 7 page 6, line 6,- after "schedule" omit "to this act" -8 for "bas~" read "ban~" --9 page 9, line 8,-line 2,-"eftcumberances" ,after "respect to" read "such company" r · page 12, read -"encumbrances" n encumbrances" for -u page 12, i<l£ line 3,-- "encumberances" 12 page 13, line 5,-, 12£ "sub-sectien (4)" read "sub4;&<::uen (5)" \ ' for "said" read "sie'<" -f or-- - ~··-cent1t read "f ifty per eent" -' -i 15 page 16 line 7,-read -16~ page 16 lin 42-for "interest"-: read -" interest" ~ ,-, ---' 17 page 17, line·14-!2£ "if deems" £!£ "it deems" 16 _ page '17 line 23-is: "llmitat~rrjf·"'··"read --!!-limitations" '-'--'19 __ t'3q~ 17 line 24,-for iif or" read "or" - ~ ~" p'~'je 17 line 25',-i2!: ~,~ 1j"1:~ons"" ~ "personft 2:1 page 17, line 29-for "sub-section" read·ti-sub-sections" -_ , 22 page· 17, lines 28 and 29,-i2!: "sub-l-sectiljri (4)" read "and (4)" 23 page 18, line 12,- for "magistrate ef'j'fead "magistrate or" 24 page 18, line 15,-for "be" read " lie" --~ 2'5 page 18, line 30-iet "and urban" ~ ft and the' urba~" 26 page 18 against line 31, in the marginal eitation-27 - for "33 to 1976" read "33f 1976" - ' pag9 18, 11ne 42,-~ after "'any" ~ •• it 5 anct ioned" 29 page 19, line 41,- aftef "secretary" insert-"and fl'ther f)ff icers and employees" 29 page 21, line 1~,-i<2£ "owned" ~ "ewning" 30 page 23 line 17,-~ "1e'ls" ~ "less" 31 page 23, line 20-!2£ "existin~" ~ "excee~ingn 32 page 23, line 1 fr~m bettom-for "auhority" r~ad " authorityr --33 page 25, line 9,-!i?£ " enquiry" read " inquiry" 34 page'2,), line 2'),-lo!: "ind usria 1" read "industria 1" 35 page 26, line 7 frnm bottr"lm,-fer " comitted" lic!1 " cemmitted" -36 page 28, line ?4,-foi' "clj'jse 19(1)" read "clause 19" --37 • page 29, line 17,-for "commencement of the ~ct" -:read "the assent f the pres ident" -new delhi; h ra 6,907 (saka)(k) "public financial institutions" mean& any of the following institutions, namely:-(i) the industrial credit and investment corporation of 7 of 19135 india limited, a company formed and registered under the companies act, 1913; 15 of 1948 10 18 of 1964 (ii) the industrial finance corporation of india established under section 3 of the industrial finance corpw'ation act, 1948; (iii) the industrial development bank of india, established under section 3 of the industrial development bank of riuiia act, 1964; (iv) the industrial reconstruction bank of india established under section 3 of the industrial reconstruction bank of india act, 1984; 62 of 18m 15 (v) such other institutions as the central government may, by notification, specify: provided that no institution shall be so specified unless it has been established or constituted by or under any central act, or not less than fifty-one per cent of the paid-up share 20 capital of such institution is held or controlled by the central gdvernment or by anyone or mme of the institutions mentioned in sub-clauses (i) to (iv) or partly by the central government and partly by one or more of the institutions mentioned in subclauses (i) to (iv); \ (l) "reserve bank" means the reserve bank of india constituted under section 3 of the reserve bank of india ·act, 1934; 2 of 19m 2 of 1934 65 of 1951 (m) "scheduled bank" means a bank for the time being included in the second schedule to the reserve bank of india act, 1934; (n) "scheduled industry" means any of· the industries specified for the time being in the first schedule to the industries (development and regulation) act, 1951; (0) "sick industrial company" means an industrial company (being a company registered for not less than seven y~ars) which has at the end of any financial year accumulated losses equal 35 to or exceeding its entire net worth and has also suffered cash losses in such financial year and the financial year immediately preceding such financial year explanation-for the purposes of this clause-(i) "cash loss" means loss as computed without providing 40 for depreciation; 45 (ii) "net worth" is the sum total of the paid-up capital and free reserves; (iii) "free reserves" means all reserves credited out of the profits and share premium account but does not include reserves credited out of re-evaluation of assets, write back of depreciation provisions and amalgamation; (p) "state level institution" means any of the following institutions, namely:-(i) state financial corporations established under section 3 or section 3a and institutions notified under ection 46 of the state financial corporations act, 1951; 43 of 1951 (ii) state industrial development corporations registered under the companies act, 1956; 5 1 of 1958 (iii) such other institutions, beini companies and not being public financial institutio~s, el)gaged in the development or financing of industrial undertakings, as the central government may, by notification, specify: provided that no institution shall be so specified unlels not less 10 than fifty-one per cent of the paid-up share capital thereof is held by any state government or gqvernrn~nts or by any inlltitution or institutions mentioned in sub-clauses (i) and (ii) or partly by one or more public financial institutions or institutions mentioned in subclauses (i) and (ii) and partly by one or more state governments 15 (2) (0) words and expressions used and not defined in thi; act shall have the meanings, if any, respectively assigned to them in the companies act, 1856 1 of 1958 (b) words and expressions used but not defined either in this act or in the companies act, 1956 shall have the meanings, if any, :lo 1 of 1958 respectively assigned to them in the industries (development and regulation) act, 1951 65 of 1951 (3) any reference in this act to any other enactment or any provision thereof, shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the 25 corresponding ·law or the relevant provision of the corresponding law, if any in force in that area chaprer ii board and appella'n aumority for indtrstlual and fua¥cial riloonstbuctiox ~~o:rtabliahment of board 4 (~) with eilect from sucla lllate as the central govemment may by netifieatioa, appoint, tbere hall beestablisbed - board to be known the ''board lor indutrial and financial beeonlltnu:-tion" to e::erci the jurisdiction aad powers and diaeharge the _ctins and duties eoaferred 01' imposed on the boani by or liuer 35 this act (2) 'lhe board shall consist of a chairman and not less than two and not more than fourteen other members, t~ beappoidted by the central government (3) the chairman and other members of the board sball be 40 persons who are or have been or are qualified to be hirh court judges, or persons of ability, integrity and standing who have $pecial knowle~ge of, and professional experi~nce of not less than twenty years in science, technol!jgy, economics, banking indu'stfy, law, ~bdur matters, indtmtrial finance, industrial manjlgement, industrial recolns- 45 trumon, administration, investment, accountancy, marketing or any other matter, the special lmowledge of, or professional experience in wl:lich, wo11ld ·in the opinion of the central government jje useful to the board constitution of appellate aufhority 5 i (1) the central government may by':botilcation, eonstitute, with effect hom sueh date as may be specified thereia, an appellate authority to be called the "appellate authority for industr!al aild financial beeonstruction" consisting of a chairman and dot more than three other members, to be appointed by that government, for hearing appeals against the orders of the board udder this act (2) the chairman of the appellate authority shall be a person who is or has been a judge of the supreme court or who is or has been a judge of a high court for not less than five years 10 (3) a member of the appellate authority shall be a person whd is 01" has beed a judge of a high court or who is or has been an ofticer not below the rank of a secretary to the government of india or who is or has been a member of the board for not less than three years 15 6 (1) before appointing any person as the chairman or other member, the central government shall satisfy itself that the person does not and will not, have any such financial or other int~rest as is likely to affect prejudicially his functions· as such member 20 (2) the chairman and every other member shall hold office for such period, not exceeding ftve years, as may be specified by the central government in the order of his appointment, but shall be eligible for reappointment: tenn of oftlce, conditions of service, etc, of chdrman and other mc'ml;"t!> provided that no person shall hold office as the chairman or other member after he bas attained the age of sixty-five years (3) notwithstandihg anything contained in sub-section (1), a member may-(a) by writing under his hand and addressed to the central government resign his office at any time; (b) be removed from his office in aecordance 'with the provisions of section 7 (4) a vacancy caused by the resignation or removal of the chairman or any other member under sub-section (3) or otherwise shall be filled by fresh appointment -(5) in the event of the occurrence of a vacancy in the oftlce of 35 the chairman by reason of his death, resignation or otherwise, neb one of the members as the central government may, by notuic:etkm, authorise in this behalt shall act as the chairman till the date oil which a new chairman, appointed in accordance with the provisiqns of this act to fill s~ch vacancy, enters upon his office 40 (6) wmn the chairlda!1 is 'udilble to dise~ his :functions 0widg to abtedee, iljj'less or lilly other cause, sudl one of the members as the chairman may authorise in writing in this behalf, shall discharge the functions of the chairman; untiltbe date on whieh the chairman resumes his duties -45 ~1) the !aries ami adbwiiiieeii payable ad tile -8tiaer and ee -t , tile cijairiua otjr me__ be oja may be preiw: provided that neither the salary and ahowances nor the other terms and conditions of service of the chairman or any other mein~ shall be varied to his disadvantage after his appointment (8) the chairman and every other member shall before entering upon his office, make a declaration of fidelity and secrecy in the form 5 set out in the schedule to this act (9) the chairman or any other member ceasing to hold office as such shall not hold any appointment or be connected with the mana~ement or administration in any campany in relation to which any matter has been the subject matter of consideration before the board 10 or, as the case may be, the appellate authority for a period of five years from the date on w;hich he ceases to hold such office 7 (1) the central government may remove from office any member, who--(4) has been adjudged, as insolvent, or j 5 'removal of memb,·ii; frolll office ,in ct:t1aid circumstances (b) has been convicted of an offence which, in tbe opinion of the central government, involves moral turpitude, or (c) has become physically or mentally incapable of acting as a member or (d) has acquired such financial or other interest as is likely to 20 affect prejudicially his functions as a member, or (e) has so abused his position as to render his continuance in office prejudicial to the public interest (2) notwithstanding anything contained in sub-section (1) no' member shall be removed from his office on the ground specified in 25 clause {d) or clause (e) of that sub-section unless the supreme court on a reference being made to: it in this behalf by the central government, has on an inquiry held by it in accordance with such procedure as it may specify in this behalf, reported that the member ought, on such grounds, to be removed 30 8 (1) the central government shall appoint a secretary to the board and a secretary (by whate'ver name called) to the aptjellate authority to exercise and perform, under the codtrol of the ,chairman, such powers an~ duties as may be prescribed or as may be ipecified by the chairman 35 sf'tre_ tary, officers and other emplo-y(1!s of board or appel late authority (2) subject to such restrictions and' conditiods as may be preseribed, the board or, as the case may' be, the appellate authority may appoiat sueh other oiieers and employees as may be necessary for the efficiedt performance 'of its functions (3) ~he eajari and auowaneet payable to and the conditioas of ser- 40 vice of the seeretarj and other omcen add employees ,of the board aad the appellate authority shall be such as may be pretcrllted: provided that such secretary, officer or othe: employee shall, before entering upon his duties, make a declaration of fidelity and secrecy in the farm set out in the schedule 9 the salaries and allowances payaille to the members and the 5 adldiniitrative expe8ie1, ide1udml' ajaries, allowaaees and pension, payable to or in respect of the olieers aad other employees of th~ board and the appellate authority shall be delrayed dot of tbe eoaioudated fund qf india salaries, etc, be defrayed out of the col18oli dated· fund of india ( 10 no act or proceeding of the board or, as the case may be, the 10 appellate authority shall be questioned on the ground merely of the existence of any vacancy or defect in the constitution of the board or the appellate authority or any defect in the appointment of a person acting as a member of the board or the appellate authority vacancies, etc, not toinvalidate proceedings of board and appellate authority 450111160 11 the chairman and other members and the officers and other em-15 ployees of the board and the appellate authority shall be deemed to be public servants within the meaning of section 21 of the indian penal code members andstaft ofboarq and appellate authority to be public servants 12 (1) the jurisdiction powers and authority of the board· or the appellate authority may be e](ercised by benches thereof boaril or appellate authority conatitu~ tionot benches 110 (2) the benches ahall be canstituted by the chairman and each of bench shall consist of not less than two ~embers (3) if the members of a bench di1fer in opinion on any point, they shall state the 'p'oint or points on which they differ and the case shall be referred by the chairman of the board or,as the case may be, the appel-115 late authority for hearing on such point or points by one or more other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case including those who first heard it 13 (1) subject to the provisions of this act, the board or, as the 30 case may be the appellate authority, shall have powers to regulate--- (a) ,the procedure and conduct of the business; (b) the procedure of the benches, including the places at which the sittings' of the benches shall be held; procedureot board and appellate authority _ - (c) the delega'tion to one or more members of sueh powers or 35 functions as the board or, 8s the case may be, the appellate autho· rity may specify (2) in particular and without prejudice to the generality of the foregoing provisions, the poivers of the board or, as the case may be, the appellate authority, shall include ~he power to determine the extent to 40 which' persons interested or -claiming to- be interested in the subject matter of 8ny proceeding petore it may be allowed to be present or to be heard, either by themselves or by their representatives 01' to cross-exa· mine witnesses or otherwise to take part in the proceedings chapter iii'rilli co ~ pllnies ""4,'j b", 1 of 1966 i 01 filii t·i ~ h ~:')~ 1i' d }' 1'1 \1) if after making an inquiry und~r section 16, the, board is satisfied that a company has become a sick industrial company, the board shall, after considering all the relevant facts and circu~stances of the case, decide, as soon as may be by order in writing whether it is practicab\e for the company to make its net worth positive within a reasoll-5 able time powers (if board to make suitable order on the completion of inquiry (2) if the board decides under sub-section (1) that it is practicable for a sick industrial company to make its net worth positive within a reasonable time, the board, shall by order in writing and subject to such l'estrictions or conditions as may be specified in the order, give such time 10 to the company as it may deem fit to mak~ its net worth positive (3) if the board decides under sub-section (1) that it is not practicable for a sick industrial company to make its net worth positive within a reasonable time and that it is necessary or exp~ient in the public interest to adopt all or any of the measures specified in section 18 in l'e-15 lation to the said company it may, as soon as may be, by order in writing, direct any operating agency ~pecifted in the order to prepare, having regard to such guidelines as may be specified in the order, a scheme oroviding for such measures' in relation to such company, (4) the board may,-:10 (a) if any of the restrictions or conditions specified in an order made under sub-section (2) are not complied with by the company concerned, review such order on a reference in that behalf from any agency referred to in sub-section (2) of section 15 or on its own motion and pass a fresh order in respect, ot such company under 25 sub-section (3); (b) if the operating agency specified in an order made under sub-section (3) makes a submission in that behalf, review such order and modify' the order in such manner as it may deem appropri~ ~ pre-- paration and sanction of schemes 18 '(1) where an order is made under sub-section (3) of section 17 in relation to any sick industrial company, the operating agency specifted in the order shall ,prepare, as expeditiously as possible and ordinarily within a period of ninety days from the date of'such order, a scheme with r'!spect to such company providing for anyone or, 35 more of the following measures;' namely: _ - - (4) the reconstruction, revival or rehabilitation of the sick industrial company; , (b) the ,proper mana'gent~nt' of < the skjt ,i~dlls,trial company by change in, or take over of, management of the 'sick industrial ,~o company; ,,' (c) the amalgamation of 'the, sick industrial company, with any other industrial company (referr~d to in this section as 'transferee industrial company'); (d)', the sale or lese of a part or whole' ot any jndustrial 45 undertaking qf the sitkindustr~l cqmp~y,; (e) such other preventive ameliorative and' ';erjiedial mersurc~' as may be appropriate; (t) such inc1dent~ • consequentiaj oi'stippiem'ental measures as may be necessary 01' expedient ih;,c'orlj'ieetion with qr rdr',the pur- 5n pgses of the me~$ures speq1ftfjd in ctq~!ses (a) to (er\~ ,_,:'1 (2) ~e scheme relerred to in sub-section (1) may provide tor ally one· or more of the ,following, namely:-(a) the constitution, name and registered office, the capital, assets, powers, rights, interests authorities and privileges, duties 5 and obligations of the sick industrial company or, as the case may be, af the transferee industrial company; (b) the transfer to tpe transferee industrial company of the business, properties, assets and liabilities of the sick industrial rompany on such terms and conditions as may be specified in the scheme; 10 (c) any change in the board of directors, or the appointment of a new board of directors, of the sick industrial company and the authority by whom, the manner in which and the other terms and conditions on which, such change or apppintment shall be made and in the case of appointment of a new board of directors or of aoy director, the period for which sucn appointment shall be macie; 15 (d) the alteration of the memorandum or articles of association of the sick industrial company or, as the case may be of the transferee industrial company for the purpose of altering the capital structure thereof or for such other purposes as may be necessary to give effect to the reconstruction or amalgamation; !olo (e) the continuation by, or against, the sick industrial company or, as the case may be, the transferee industrial company of any action or other legal proceeding pendin~ against the sick industrial company immediately before the date of the order made under sub section (3rof section 17; lz5 (f) the reduction of the interest or rights which the shareholders have in the sick industrial cqmpany to such extent as the board considers necessary in the interests of the reconstruct!on, revival or rehabilitation of ~he sick industrial company or for the maintenance of the business of th'! sick industrial company; 35 (g) the allotment to the shareholders of the sick industrial company, of shares· in the sick industrial c'9mpany or, as the case may be, in the transferee indll'strial company and where any sharehold~r claims payment in cash and not allotment of shares, or wliere it is not possible to allot shares to any shareholder the payment of cash to those shareholders in full satisfaction of their claims-(i) in respect of their interest in shares in the sick industrial company before its reconstruction or amalgamation; or ,(ii) where' 8\reh interest has been reduced under clause (f) 40 in respect of their interest in shares as so reduced; (h) any other terms and conditions for the ~()nstruction nr amalga~atiq~ ot tb~ ~~~ iilqu~t:riaj company; company free from all encumb~ 8trtvi'fii!la!tfiltatk w"u?~~ pany or other such encumberances and liabilitiel as may be specified !" ,-,,:,toffit r~a~ pi'1icd~"stiuh; ~htfp :,' i" i:l'p'" "':,i i ttl ht,rf-; ~;-"~~':tj·)li lrl:t,;" iti1nd~'i!; ~d, '~i_': :i ,·~d,ti': ,·~r'}liiliq d·);,,~'· !:n :' c(;)"~:thodi'ot~~r~ii~~'f':'r;lji~~: ;~~1b ~j_if!e=~~9g of 5 the sick industrial company ~ufas ~ pu~bc auction or by mvitillg ,)1'il t~?de~'~~~i~ ~?ji;iw~!~~~f1!'i~~fll~~jm~~ ,b,e ,~~~~i'~~;li"a~~ i for" the manner cal puoucl erei°r, 'j i ' /,(, i /;;"" fl,!")-:j;,"),:l )/'ir:~" ,,~ )l,':diij;! ""11; ",),';-:1; ,i'!"t/"i',"':,,'j(/ ,;;',", r:,i; l!:'i: 1·) '{t);;fol'icf(l~rlciliedtil':)~offi~dl!jaainikili?~of6'j,te~jedtif ~'~hitis as ;iwfy'jb~(:n~~t!$~a~'jt'6j:~~~({6(t~ ii?w tke;jr~bo1i~~~u8h of'jatri~gi~tilln ~ or other measures mentioned in the scheme are fully and effectively !~t:iipfi«~~~ pjl~,)rj;i-~lf 'i~1 llil • !jl:i~:'·'(i!·dl: ',j : •• ,!q::"\' ~i ';1:-!",', ~n;i'd ~ldj 1" ",d '!ht:! 'i; f·;· \ ~t1f1 ~;i "i: '-:1>'1';"" i';; lt·!'; ;:j :~ 'i': ·h~! i': ,; , iq (;1) (1$ a!~op!t j of1th81~e 'p!epmed !br; ,tlle boiiidlliirill',1re1 lent, itt d ~rthal sn-ddtl_!iaj'dqll~ 8ml~ the' otaentijqj1a"'ytland in the case of amalgamali08jjr,_1_c11:o ·1therinldderee,·tncb8ltnal1wlbpany,; and p any other industrial company concerned in the amalgamation for sug- g~" an,d 1 p~4~,~~i~~~ ~~! :an~\ i~j!~~, s\lch, ))~ri?r~ l ~st~~ bp~rd may sr'f~ "ftt 'l!:i~,~-;l'· : • ;rt···,:~·: ~j· •• ~·)~:· ,t:::~ );~ "\; ,; ~: ~""" ~~ ,'i "':(4)vl'he"sc1'reme,sham1tfhitutler·'m iilnt,·tnimcwilf sobri,ldis"')!inw be, i by the board r·{tiereitliftdf' tenmi4itto 1i1t"jthej 'tiifti~tt~ti~i;scti~'j" and shall come into force on such date as 'the, ~oard may ~pecify in this ibehihth (\: i,! , :f' , ~: " j r ~ :' ~ ,! ( : it: ~ j i t i· ~ !' ~ d;, ,: ;,: i ( i -p, '~" d"j\ll~-·:t,':ir~i '!') p,:j "fi" j',"":"~' l '1·1/t ) 'jl:lq i' i ; ,ppi'jriih~"""t di"t dat8 wiyjbe'~tk~ fbl"'rifteh!6t provisions 40 of the scheme :!,"1i',;;r·,ijo'i" ,~,,,,,(; 'ii j''''''ll''1 't i ,',,{; '; -, i ':"l''), ;ii r'l ~nt, ,:i '(l ;jjil; 1(1 (!i' i "11wtnt \'n ,qh,lt: ;,n;': '')'1( i ~i (c"'"':i,j ,1"'11111'" v'it)'n~'i"iii j'!) 1 of 1'56 rehabilita-tion by elvin" ftnan-cial 8811110 lance 38 (1) where the board, after making inquiry under s~ction 16 and, alter codl:lidel'aucm of all the relevant facts apd circumstances and after giving an opportunity of being heard to all' concerned parties, is of opinion that it is just and equitable that the sick industrial company should be wound up it may record and forward its,opinion to the concerned 5 high court ' (2) the high court shall, on the basis of the opinion of the board order winding up of the sick industrial company and may proceed and cause to proceed with the winding up of the sick i!ldustrial company in aecordance with the provisions of the companies act 1956 10 1 of 1956 -(3) for the purpose of winding up of the said industrial company, the high court may appoint any officer of the operating agency, if the operating agency gives i~ consent, as the liquidator of the sick industrial company and the officer so appointed shall for the purposes of the winding up of the sick industrial company,be deemed to be, and 15 have all the powers ,of, the official liquidator under the companies act, 1956 1 of 1956 (4) notwithstanding anything contained in sub-section (2) or sub-section (3), the board may cause to be, sold the assets 9f the sick industrial company in such manner as it may deem fit and forward the sale 20 proceeds to the high court for orders for distribution in accordance with the provisions of section 529a, and qther provisions of the companies act, 1956 10f 1956 21 where, in relation to an inquiry or scheme, the circumstances so require, the board may, through any operating agency, cause to be pre- 15 pared-operatin, ap"" to prepare complete banntory, etc (ci) with respect to an industrial company, a complete inventory of-(i) all assets and liabilities of whatever nature; (ii) all books of account, registers, maps, plans, records, go documents of title or ownership of property and all other documerits of whatever' nature relating ~heret~; (b) a list of shareholders and a list of creditors showing separately in the list of creditors, the secu,red credi'tors and the unsecured creditors;' >, - ,, "''" , 35 (c) a valuation re~rt in r~t of th~ sliares and assets in order to arrive at 'the reserve price f~r tqe s(lle of a part or ,whole df the industrial undertaking of the company or for fixation of, the lease rent or share exchange ratio; (d) an estimate of reserve price, lease rent or share exchange 4d ratio; and (e) proforma accounts, where no up-to-date audited accounts, are availahie ' ,22' (1) where an inquiry under section 16 is initiated or any scheme referred to in section 17 is under consideration of th~ board or where 45 a sanctioned scheme is under implementation, notwithstanding anything 801penaion of le,al proeeecunlll, cont_", etc: contained in the companies act, 1956 or any other law or the memoran-1 ot 1956 dum and articl~ of association of the sick industrial company or 'any other instrument having effect under the said act or other law no· proceeding for the winding up of such sick industrial company or for any 50 proceedings for execution djstress, or the llke against any of the propertlet 1 of 1956 of the sick ind~trial company qr for the appointment of receiver in respect thereof, shall lie or be ·proceeded with further, except with the consent of the board, (2) where the management of the sick industrial company is taka 5 over or changed, notwithstanding anything contained in the companies act, 1956 or any other law or in the memorandum 'and artic;jes of' association of such company or any instrument having effect under the said act or other law-jo (al it shall not be lawful for the shareholders of such company or any other person to nominate or appoint any person to bea director of the company; (b) no resolution passed at any meeting of the shareholders of such company shall be given effect to unless approved by the board (3) during the period of consideration of any ~cheme under sedim 1'3 15 or where any such scheme is sanctioned thereunder, for due implemen" tation of the scheme, the board may by order declare with respect to the sick industrial company concerned that the operation of all or any of the contracts, assurances ot property, agreements, settlementb,awards, standing orders or other instrum~ts in force to which such sick indus-1011956 20 trial company is a party or which may be applicable· to such sick industrial company immediately before the date· of such order, slj,j11 ~ main suspended or that all or any of the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date, shall remain suspended or shall be enforceable with such adaptations and in 25 such manner as may be specified by the board: provided that such declaration shall not be made for a period exceeding two years which may be extended by one year at a time so, however, that the total period shall not exceed seven years in the aggregate (4) any declaration made under sub-section (3) with respect to a ·sick 30 industrial company shall have effect notwithstanding anything contained in the companies act, 1956 or any other law the memorandum and articles of association of the company or any instrument having effect under the said act or other law or any agreement or any decree or order of a court, 1;ribunal, ofticer or other authority or of any 'subinission, settlelllent or 35 standing order and accordingly,- (4) any remedy for ·the enforcement of any right, privilege, obligation and liability suspended or modified by such declaration, and all proceedings relating· thereto pending before any court, triburlal, oftlcer or other authority 'shall remain stayed or be continued subject to such declaration; and (b) on the declaration ceasing to have effect-(i) any right, privilege, obligation or ~ability so tem~ing suspended or modified, shall become revived and enforceable as if the declaration had never been made;' and <:, _ 45 (ii) any proceeding so remaining stayed shall 'be proceedecl with, subject to the provisions of any law which may thlril be in force, from the stage which had been reachedwheri the proceedings became stayed , -,-(5) in computing the period of limitation for the enforcement of any 50 right, privilege, obligation or liability, the period diiliigwmch it or the remedy foa- the enforcement thereof remains suspended under ttys seetion shall be excluded, paocddings in case of potentially sick industrial compands" misn:asance paocadilfgs, appmls and misci:llanilous!s (1) if the accumulated losses of an industrial company, as at the end of any fthanetal year (here1na:ftei referred to as the ,relevant flnanctal 5 year) have resulted in erosion of :fifty per cent or more of its peak net, worth during the immediately preceding fiye financial year,-loa of 50 per cent net 'woldi by idclultriai compuiel (~) the company shall, within a period of sixty days from the ci8te (hereinafter referred to as the relevant date) of finalisation of the duly audited accounts of the company for the relevant financial 10 year-(i) report the fact of such erosion to the board; and (ii) hold a general meeting of the shareholders of the company far considering such erosion; ~ (b) the board of ~ectors shall, at least twenty-one days before 15 the "date on which the meeting under sub-clause (ii) of clause (a) is held, fqi'warci, to every member of the company a report as to such erosion and the causes for such erosion; (0') the company may, by ordinary nsqlution passed at the meeting held under clause (a) remove a d1rectgr (being a dintctor 20 a~idted by the memberso£ the company) and fill the vaeancy created by such removal, so far as may be, in accordance with the preeedure provided in sub-aeetiobs (2) to (6) of section 284 of the companies act, 1956, 1 of 1956 - (2) a director removed under sub-section (1) shall not be entitled to 25 any compemsation or d~mages for termination of his appointment as director or of any appointment tendinating with that as director (3) if default is made· in complyidg with the provisions of tbiji sactiod~ every director or ether oftlcer of the company who is indefault shall ~ punishable with iiqprisomnent which shall not be less thail six 30 months but which may extend to two y88ft and with fine mill_ace proceedinii· z:4 (1) if, inthe'couflie of serutiny or imp1etnentation of any scheme or proposal, il-~ lppears to the beard that any person who bas faken part in' the oromotion, formation or mstlagt1t1ent of the sick inclustrial company ~li' ita unifertaking, mcluding any past th present director, manager or otlicer 0': em- 35 rloyee of the sick inollstrial company-(a) has misappli'!d or ·retained, or become liable or accountable for, any money or property of the sick industrial company; or (b) has been guilty of any misfeasance, malfeasance or nonfeuance or breach of trust in relation to the sick industrial company'40 tbe btliud' may direct him to rep, or testdrc the money or prrty or any part thereof with or without interest, as it thinks just, or to contribute suchwm'to the assets of the sick industiial oompany or the other person entitled thereto by w:y, of cojapeusation in respect of the misapplication', retainer, misfeasance· oj" tn-th oj 1nzst, as the board thinks just, anti 45 aim jeport the matter· the ·ctral qavernuumt for any other aetigd which that government may deem fit (z) no directions al\all be givejl ~y ~he bow under this 8~aii ~ss liuch ,person ~ heed given an opptullity for ma1qng bissubidi- , ' , '' i " • , (3) this section shall apply notwithstanding that the matter is one for which the persoomay bt ~y liable 5 25 (1) any pel'$on aggrieved by an order of the board made under this act may, within forty-five days from the date on which a copy of the order is issued to him, prefer an appeal to the appellate autho,rity: provided that the appellate authority may entertain a~y appeal after the ibid period of forty-fived~s but dot $iter aixty ws frcun the date 10 aforesaid if it is satisfied that 'the appelllpu was prevented by sulle4ent ca_ from filing the appeal in time (~ on receipt of an appeal under sub-section a), the appeuate authority may, after giving an opportunity to the appellant to be heard, if he so desires, and after making such further inquiry as if deems fit, 15 confirm, moduy or set aside the order appealed against 26 no order passed or proposal made under tills 'act shall be appealablg! except as provided therein and no civil court shad ha~ jurimlic:tinn' in respect of any matter which the appelltte authoriiy or the board is empowered by, or 1!nder, this act to odcmline ad(- 00 injunction smll lte granted: ttyldy court ie or other authori~' in rr~rect ri any action taken or to be, taken hi: 'pursuimccj of any power conferred by or under this act ' 'qi11iiiil1ina , 27 the board may, by general 0( special ordor, delegate, !ubject to 'such conditiod's and limitation, if any, as may be specified in the ord8r" to any member for secretary or other officer or employee of the board or other 25 persons authorised by the board to mallage ~ industrial company or industrial undertaking or any operating ~ency such powers and duties (except the powers and duties under sub-secticlns (2) nd (4) o~ section 16, lilection 17, sub-sections (3) and (4) of section 19, 'sub:"section (1) subsection (4) of section 20, sub-section (3) of section ~ and sectiton '241 30 under this act as it dlay deem neceuary 0 28 (1) the board shall fumish from time to'time to the celttral government such returns as the' central govemment may require ' ~ ad idformatioa (2) the board may, ,for the purpose of efficient dtscharp of its functiqns und~r this act, collect from, or furnish to-35 (a) t~ c~tral government, (b) the reterw bank, (c) the scheduled bank or any other bank, (d) the public ,financial institution, or (e) the state-level institution, 40 fiuch information as it may consider useful for tile purpose in such manner and with~ suqb time as it inay think fit ~ (1) the board or any operating aeemcy;on being directed by the board may' in order to take into custody or undpr its control aupraperty, effects and actionable claimr to which a sick industrial,com1)8!ly 45 fs or a'pj)ears to be entitled request, in ~ttn~, the chief' metropolitan majlistrate or the district ma~strate within whoie 1urisdiction any ~ perty, books of aceotmt c1r any other document ot such sick induatrlal powr to __ tho of cihef metropolitan mliiiilra and coiitp'ty be situate or be found, to take poaseasion thereof,· and the chief ~litan magistrl!~ or the distriet magistrate, as the cue may be, shall, on such request being made to him,-(i) take possession of such property, books of account or other documents; and 5 '(ii) cause the same to be entrusted to the board or the operating agency (2) for the pul"pose of securing compliance with the provisions of sub-section (1), the chief metropolitan magistrate or the district map trate may take or cause to be taken: such steps and use or cause to be used 10 sueh force as may, in his opinion, be n8celli8l"y (3) no act of the chief metropolitan magistrate of the district magistrate done in pursuance of this section shall be called in question in any court or before any authorityoj) any ground whatsoever protection of action tatn idpd faith 30 no suit oj" other legal proceeding shan be against the board or 15 the appellate~um1opw or the chairman or any other member, officer or other employee of the board or the appellate authority, or operating agency or any other person authorised by the board or the appellate authority to discharge any fwiction under this act for any loss or damap caused or likely to be caused by any action which is in iood 20 faith done or intended to be done in pursuance of this act or any other l:aw or provision having the force of law 31 where a receiver or an official liquidator has been appointed in any ,proceeding pending immediately before the commencement of this act, in any high court for winding up of an industrial company such 25 proceeding shall not abate but continue in that high court e6ct of iiie act od other i 32 (1) the provisions of this act and of any rules or schemes made thereunder shall have etiect notwithstanding anything inconsistent therewith contained in any otlrer taw except the provisions of the foreign exehmge regulation act, 1973 and urban land (ceiling and regulation) 30 -4, of 1973 act, 1976 for the time being in force or in the memorandum or articles 33 to 1978 of aasociation of an industrial company or in any other instrument having effect by virtue of any law other than this act (2) ~e there has beea under juy scheme under tllis act an amalpmation of a sick industr~1 cojdpany with another company, the proviaioas 35 of seetion 7za ~of the income-tax act, 1961, shall, subject to the modift-43 of 1961 eatiods that the power of the central government under that section may be exercised by the boerd without any recommendation· by the speeifled authdy referred to in that section, apply in relation to such amalpmaticiii as they apply in relation to the amal,amation of a ':company owning 40 an industrial undertaking with another company 33 (l) whoever violates the prov~sions of this act !>r any sanctioned scheme, or any order of the board, or the appellate authority and whoever makes a false statement or gives false evidence to the board or the appellate authority, shall be punishable with simple- imprisonment 45 for a tenn which may extend to three years and shall also be liable to ftne -(2) no court shall take cognizance of any offej1ce under suh-section (1) except on a complaint in writing of the secretary oj" any such other ofticer of the board or any such officer of an operating agency as may be 50 authori~ in this behalf by the board k ~(l) where any offence, punishable under this act has been off~ by committed by a company, every person who, at the time the offence was compuies committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall 5 be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sul>eection shall render any such person liable to any punishment, if he' proves that the offence was committed without his knowledge or that he had exercised au due 10 dtligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where any offence punishable under this act has been committed by acompany and it is proved that the offence has been conimitted with the consent or connivance of, or is attributable to any neglect on the part of, any director, 15 manager, 'secretary or other officer of the company such director,manager, secretary or other ofticer shall also be deemed to be guilty of that oft'ence and shall be liable to be proceeded against and punished accordingly e1"pl4n4tidn-for the purposes of this section,-(ii) "company" means any body corporate and includes a finn :10 or other associatido of individuals; and (b) "director", in relation to a firm, means a partner in ~ ftrm 35 if any difficulty arises in giving effect to the provision of this act or the rules, schemes or orders made thereunder, the central govern-25 ment may, by notification, remove the difficulty: provided that no such notification shall be made by the central government ·after the expi,ry of a period of three years from the date on which this act receives the assent of the president po- en mate ruloa 36 (1) the central government may, by notification, make rules for 30 carrying out the provi~ions of this act (2) tn particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the fouowiog ~atters, namely:-(a) the salaries and allowances payable to and other -tet"ids and conditions of service of the c1pairman and other mem·bers under sub-section 35(7) of section 6; (b) the powers which may be exeroised and the duties which may be performed by the secretary to the board or the appellate authority udder sub-section (j) of section 8; (c) the restrictions and conditions subject to which officers and 40 employees may be appointed to the board or the appellate authority under sub-section (2) of section 8; (d) the salaries and allowances and other oonditions of seryicc of the secretary of tbe board or the appellate authority ldlder sub-eectiton (3) of section 8; 45 (e) the additional matters referred to in sub-section (3) of section 13; (1) any other matter which is required to be, or may be, prescribed (a) &wry rule macnt under dlis act sbaji be laid, as ioob as may be atter it is made, before each bouse ofparliamej;l1i, wwie it is ill iii i, for a total period of thirty days which may be comprised in ode seasion or ill two or more stlc-ive,~ add if, befojre the expiry of the smlion ijnidediate)y ibuowing the session or the auocessive sessioftl 5 aforesaid, both houses agree in making y' modification in the rule or bqij:l h~'qaes agree tbat the l'ule sdould j;lot be ~ ~e l'ijle allall t~ter h,aveeifect ~ illuch mddiile4 ~~ ~ be qf np enact;, t~ ca~ may be; so, ~vle~, 'ti;alat ~y'l ~atiqd 01' lu$~t shall be without preju4icf to the \'alidif;j 1>f ~i~ p"vi,ojlsjy ""0 unde' that rull! the s(liei)ulji[see sections 6 (8) and 8(3)] ~n 01' '1'd>-u'y ajm siqqay i, """'" ' '" , do hereby declare that i will faithfully, 15 trqiyllnd to the best of ~y skill and ability, ex~te &pod penorm the duties required of me as ~ ~~xber/stt£retbty/o~ ofbeer or employee of ute boiar4, for the industrial and fin~cial reconst~~tion/the authority for industrial and financial reconstruction and which properly re-iate to the office or position held by me in or in relation to the 110 i&id boatd/appellate authority, i further declare that i will ddt communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the b~rdl appellate authorlty, nor wiu i allow any such person to in~pect or have access to any books or documents 115 belonging to or in possession of the board i appellate authority or the businels of any person having any dealing with the said board/appellate authority ' signature signed before me the ill effects of sickness in industrial companies such as loss of production, loss of employment, loss of revenue to the central and state governments and locking up of investible funds of banks anc;! financial institutions are of serious concern to the 'government and the society at targe the aoncetn of the gove1'1unetrt is accelltuated by the alarming thcrease in the incidence of sickness in industrial compadies it has been mc:ofisecl that in order to fully utilise the productive i1imutrial assets; afford maximum protection of employment and optimize the use of the funds of the banks ahd financial institutions, jt would be imperative to revt\te and i'eh'abilitate the potentially viable sick industrial companies as quickly as possible it would also be equally -imperative to sal'fage the productive assets and realise the amounts due to the banks and mancia1 institutiol)s, to the extent pqssible, from the non-viable siek iiotdustrial companies through uquidation of tbose companies 2 it has been the experience that the existing institutional arrangements and procedures for revival and rehabilitation of potentially viable sick industrial companies are both inadequate and time-consuming a multiplicity of laws and agencies makes the adoption of a co-ordinated approach for d~aling with sick industrial companies difficult a need has, therefore, been felt to enact in public inter~st a legislation to provide for timl'ly detection of sickness in i-ndustrial companies and 'for expeditious determination by a body of experts of the preventive, ameliorative, remedial and other measures that would need to be adopted with respect to such companies and for enforcement of the measures considered appropriate with utmost practicable despatch 3 the salient features of the bill are- (i) application of the legislation to the industries specifted in the first schedule to the industries (developmedtand regulation) act, 1911, with the initial exception of the scheduled induitry·relattdg to ships and other vessels drawn by power, which may however be brought within the ambit of the legislation in due course; (ii) iden:tification of sickness in an industrial eompany, registered for not less than seven years, on the basis of the symptomatic indices of cash losses for two consecutive financial years and accumulated losses equalling or exceeding the net worth of the company as at the end of the second financial year; (iii) the onus of reporting sickness and impending sickness at the stage of erosion of fifty per' cent or more of the net worth of an industrial company is being laid on the board of directors of such company; where the central government or the reserve bank is satisfied that an industrial company has become sick, it may make a ' -'-reference to the board; likewise if any state government, scheduled bank or public financial institution having an interest in an industrial company is satisfied that the industrial comp3ny has become sick, it may also make a reference to the board; (iv) e:stablishment of a board' consisting of experts in various relevant fields with powers to enquire into and determine the incidence of sickness in industrial companies and devise suitable remedial measures through appropriate schemes or other proposals apd for proper'implementation thereof; (v) constitution of an appellate authority consisting of person~ wh~ are or have been supreme court 'judge~, senior high court judges and secretaries to the government of india etc, for hearing appeals against the orders of the board 4 the notes on clauses appended to the b,ill explain the various provisions of the, bill new delhi; vishw anath pratap singh president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no f 6(3) 185-1 f-ii, dated the 20th august, 1985 from shri vishwanath pratap singh, minister of finance to the secretary-general, lok sabhal 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, the introduction of the sick industrial companies (spe¢al provisions) bill, 1985 in lok sabha· and also recommends to lok sabha under clause (3) of article 117 of the constitution, the consideration of 'the bill clause 1 deals with the short title, extent, commencement and: application of the l~gislation the enactment would, in the first instance, apply to all industries included in the first schedule to the industries (development an~ regulation) act 1951,' except the industry relating to ships and other vessels drawn by power which, may, however, be subsequently brought under the purview of the enactment by a notf'ftcation issued by the central govemment in consultation with the reserve bank of india clause 2 carries a declaration that the legislation is being enacted for giving effect toi the policy of the state towards securing the pr~ncipies specified in clauses (b) and (e) of article 39 of the constitution clause 3 contains definitions of the terms used in the legislation spe-' cia! mention may be made about the definition of the term "industrial' company" which means a company owned one or more industrial un~ertakings; and the term "sick industrial company" which means an tndustrial company registered as company for not lees than seven :tears and has suffered cash losses for two consecutive financial years and at the end of the second of 'such financial years has acc~mulated, losses equal or existing its net worth clause 4 provides for the establishment of a board consisting of a chairman and not less than two and not more than fourteep other members being experts in various relevant fields to be appointed by the central government clause 5 provides for the constitution of an appellate authority consisting of a chairman and three other members being persons who are or have been judges of the supreme court, senior judges of high courts and the secretaries to the government of india etc, to be appointed· by the central government clause 6 contains provisions relating to the conditions on which the central government should be satisfied befor~ appointing a perlon as a ¥ember of the board or the appellate authority; the tenure of the members; resignation or removal of a member; the mode of filling up of u vacancy and the fixation of salaries and allowances 'and prescription of other terms and conditions ot service of the m'!mbers etc clause 7 deals with contingencies in which the central government may remove a member from the board or the appellate authority and the contingencies in which the ceptral government may remove such members only with the consent of the supreme court clause 8 provides for appointment by the central government of a secretary each to assist the board and the appellate authority and! appointment by the board and the appellate auhority of such other officers and employees as may be prescribed with such salaries and allowances and other conditions of service as may be prescribed clause 9 provides for the salaries and allowances of the mempers and the salaries, allowances, and pension of the officers and employees of the board and appellate authority to be defrayed out of the consolidated fund of india clause 10 affords prot~tion for ,acts or proceedings of the board or the appellate authority from being questioned merely on account of :my vacancy or defect in constitution of the board or appellate authority clause 11 specifies that the members, officers and other employees of the board and the appellate authority shall be deemed to be public servants - clause 12 provides for the benches of the board and appellate authority clause 13 empowers the board and the appellate authority to regulate their own procedure and conduct of business clause 14 lays down that the board or the appellate authority shall be deemed to bea civil court for the purposes of certain provisions of the code of criminal procedure, 1973 and the indian penal code clause 15 lays down that 'a sick industrial company should· make a reference to the board within sixty days from the date of finalisation of duly audited accounts or even defore such finalisation if there are sufficient reasons to form the opinion that the company has become' sick where the ,central government or the reserve bank is satisfied that an industrial company has been sick, it may make a reference to the board; likewise if any state government, scheduled bank or public financial institution having an interest in an industrial company is satisfied' that the industrial company has become sick, it may make a reference to the board: clame 16 enables the board on receipt of a reference under clause 15 or otherwise to make or cause to be made an inquiry for the purpose of determ,ining whether the industrial company has become sick industrial company clause 17 empowers the board to allow time to a sick industrial company to make its net worth positive within a specified period if the board decides that it is not practicable for the sick industrial company to make its net worth positive within a reasonable time, it may direct any public financial institution, designated as the operating agency, to prepare a scheme, for rehabilitation of the company clause 18 provides for the operating agency, on being directed by the board to prepare a scheme for reconstruction, revival, rehabilitation, change in or take over of management, amalgamation, sale or iease of a part' or the whole of any industrial undertaking of· the sick industrial company or any other prev~tive ameliorative or revival measures it also provides for eliciting objections and suggestions from the concerned companies on the draft schemes and for making mociiftcations, if any, and for sanctioning schemes clause 19 provides that where any rehabilitation schelile involves provision of financial assistance or any other reliefs or concessions or sacrifies from the central government, a state government, air bank or financial institution or state level institution or any other institution, authority or creditor, such scheme shall be referred to all concerned for consent clause 20 provides that if the board after making sufficient enquiry is of the opinion that it would be just and equitable to wind up the siele industrial company it would forward its opinion to the concerned high court for winding up of the company the board may, however, sell the assets of the company and forward the sale proceeds to the high court for distribution in accordance with the provisions of the companies act, 1956 clause 21 enables the board, through an operating agency to prepare a complete inventory of all assets and liabilites, etc clause 22 provides for the suspension of legal proceedings, contracts, etc, with respect to certain sick industrial companies clause 23 lays down that an industrial company in which the accumulated losses as at the end of any financial year have eroded fifty per cent or more of the peak net worth during any of the preceding five financial years, shall report the fact of such erosion to the board, within sixty days from the date of finalisation of th~ audited accounts such indusrial company would also be required to hold a general meeting ot its shareholders for considering the erosion after forwarding a report of the causes of the erosion to every shareholder atieast twenty one days before the date of the meeting change of any director other than a director appointed by the central government or a public financial institution, could be effected by an ordinary resolution passed at the meeting clause 24 provides f9r rectification of misfeasance, malfeasance, etc, and report of such matters to the central government clause 25 provides for a person aggrieved by an order made by the board to appeal to the appellate authority clause 26 bars the jurisdiction of civil courts, except as provided in the act against any matter falling within the purview of the board or the appellate authority clause 27 provides for delegation of certain powers of the board clause ·28 provides for the central government to call for returns from the board and for the board to collect from or furnish to the central government, reserve bank any bank, public financial institution or state level institution, any information clause 29 prpvides for the board or any operating agency to seek! tjv! assistance of the chief metropolitan magistrate or the district magistrate far taking possession of the property of a sick industrial company clause 30 i~ the usual clause relating to the protection of action taken in good faith clause 31 lays down that if any receiver or official liquidator has been appointed in any winding up proceedings at the time of the commencement of the legislation the proceedings shall continue' in the respective high courts clause 32 gives overriding effect to the provisions of the legislation ov~r all·other enactments except the foreign exchange regulation act, 19'13 and the urban -land (ceiling and regulation) act, 1976 the powers of the central government under section 72a of the incom~ tax act, 1961 to give tax benefit to the transferee industrial company ill cases of amalgamation are coriferred on the board clause 33 specifies the penalties for violation of the provisions of the legislation or sanctioned schemes or orders of the board or appellate authority and for making or giving false statement or evidence before the board or appellate authority clause 34 provides that any offence comitted by a company and punishable under the legislation would cover the p~rsons in charge of company clause 35 is an enabling provision to remove diftlculties by the central government up to a period of three years c14use 36 confers on the central government the power to make ewes for carrying out the provisions of the legi$lation clause 4 of the bill provides for the establishment of the board for industrial and financial reconstruction with a chairman and not less than two and not more than fourteen other members to be appointed by the central government clause 5 provides for the constitu tion of the appellate authority for industrial and financial reconstruc tion consisting of a chairman and not more than three other members to be appointed by the central government sub-clause (7) of clause 6 provides hat the salaries and allowances payable to the chairman and other members of the board anlt· the appellate authority shall be such as may be prescribed as a person who is or has been a judge of the supreme court is eligible to be appointed as the chairman of the appellate authority and a person who is or has been a judge of a high cdurt or who is or has been an officer not below the rank· of a secretary to the government of india, is eligible to be appointed as a memb~r of the appellate authority, the pay and allowances of the chairman and other members of the appellate authority will require to be fixed commensurate with these eligibility criteria it is expected that an expenditure of rupees eighty-four thousand would be iricurred, annually, towards the salary and allowances of the chairman of the appellate authority at the maximum level of pay ·or rupees sevenlyeight thousand, annually, at the minimum level of pay, an annual expenditure of rupees two lakhs and sixteen thousand is ~te~ to be incurred towards the salary and allowances of the members of the appellate authority at the maximum levels of payor rupees one lakh and ninety-eight thousand at the minimum levels of pay as persons who are or have been qualified to be high court judges may be appointed, among others, to be the chairman or any other member of the board, the salary and allowances of the chairman and other memben; of the board would have to be commensurate with the salary and allowances of the high court judges keeping in view these considerations, it is expected that in the event of the board consisting of one chairman and fourtgen other members,· an annual expenditure of rupees nine lakhs and ninety-six thousand would be incurred towards salary and allowances of the chairman and the members of the board at the maximum levels of pay and rupees nine lakhs and six thousumd at the minimum levels of pay in the event of the board consisting of the specified ~inimum number of one chairman and two members only the ·annual expenditur'! towards salary and allowances of the chairman and members of the board may be expected to: be rupees one lakh and thirtytwo thousand at the maximum levels of pay and rupees one lakh and twenty thousand at the minimum levels of pay 2 under clause 8 the central government shall appoint a secretar:v each to assist the board and the appellate authority and the board and the appellate authority may appoint such other officers and employees as may be necessary the salary and allowances payable to the secretary, other officers and employees of the board or the appellate authority would be as prescribed it is expected that on account of the f'alary and allowances of the secretaries, 08icers and other employees of the board and the appellate authority • an annual expenditure of rupees twenty-six lakhs and twenty-one thousand would be incurred at the maximum levels of pay and rupees fifteen lakhs and fifty thousand at the minimum levels of pay in terms of clause 8 of the bill, the pension payable to the officers and other employees of the board and the appellate authority would need to be defrayed from the consolidated fund of india the amount i)f pension payable would be dependent upon the number of officers and the status of officen retiring each year the amount payable as pension annually cannot be precisely quantified at this stage, although it may be estimated that on an average the amount payable may not exceed rupees twenty thousand annually , 3 in terms of clause 9 of the bill, the administrative expenses of the board and the appellate authority would need to be defrayed from the consolidated fund of india it is expected that the board and the appellate; authority would incur an expenditure df rupees fifty lakhs as establishment and other administrative expenditure in the first year of their establishment and would incur establishment and other administrative expenditure of rupees twenty-five lakhs, annually, in the ~ubsequent years, 4 under clause 19(1h the central government may be called upon to provide loans, advances, guarantees, reliefs, concessions or other sacriftces of financial nature to certain sick industrial com~ies to rehabilitate them itis not possible at this stage, to quantify the extent of the financial involvement that may devolve on the central government under this clause 5 in terms of sub-clause (2) of clause 32 of the bill in cases of amalgamation of a sick industrial company with a non-sick industrial c:lmpany, the board shall exercise the powers of the central government within the meaning of section 72a of the income-tax act, 1961 for giving the beneftts of the carry forward of accumulated loss and unabaorbed depreciation of the sick industrial company to the non-sick transferee industrial company exercise of these powers by the board would have the effect of foregoing incolme-tax the extent of income-tax benefit that may be allowed to the transferee industrial company 'would depend upon the number of schemes that may be approved and the extent of the accumulated loss and unabsorbed de--preciation of the sick industrial company being amalgamated hence the extent of income-tax to be foregone under these provisions cannot be quantified at this stage clause 17 read with clause 18 empowers the board for industrial and financial reconstruction to cause schemes to be prepared for the reconstruction, revival' or rehabilitation of the sick industrial companies;' for the proper management of the sick industrial company by change in, or take over of, managem~nt of a sick industrial company; for the amalgamation of sick industrial company with any other company; for the sale or lease of a part or whole of the sick industrial company; for devising other preventive ameliorative and remedial measures, etc if any difficulty arises in giving effect to the provisions of the scheme, the board may, by order, do anything, not inconsistent with such provisions, which appears to it to be necessary or expedient for the purpose of removing thl: difficulty [vide sub-clause (9) of clause 18] clause 35 empowers the central government to remove, by notification, any difficulty which may arise in giving effect to the provisions of the act, with a safeguard that no <;uch notification may be issued after the expiry of a period of three years from the date of commencement of the act 2 clause 36 empowers the central government to make rules for the salaries and allowances payable "to, and other terms and conditions of service of, the chairman imd other members of the board and appellate authority; the conditions and restrictions subject to which officers and employees may be appointed to the board or the appellate authority and· also their salaries and allowances and" other conditions of service and the powers which" may be exercised and the duties which may be performed by the secretaries of the board "or the" appellate authority, etc 3 the matter with respect to which the schemes or rules may be made are matters of administrative or procedural detail and are matters for which it is not practicable to make provisions in the bill the matters in respect of which orders may be made unde: c~ause 35 of the bill are matters which cannot be visualised at this stage the delegation of legislative power is, therefore, of a normal character a bnlto make, in the public interest, special provisipns with a view to securing the timely detection of lick and potentially sick companies owning industrial undertakings, tlu; speedy determidation by a board (if experts of the preventive, ameliorative, remedial and otber measures ·whieh need to be takea with _peet to such compauies anel tbe expeditious enforcement of the measures so determined and for matters connected theremth or incidental thereto

Parliament_bills

0960b231-be15-58d5-b282-e4515e17692f

bill no 83 of 2012 the naxal affected states development council bill, 2012 by shri hansraj gangaram ahir, mp a billto provide for the constitution of a council to be known as the naxal affected states development council to formulate and monitor implementation of development plans and schemes for balanced and all-round development of naxal affected states and for matters connected therewithbe it enacted by parliament in the sixty-third year of the republic of india as follows:—short title and commencement1 (1) this act may be called the naxal affected states development council act,2012definitions2 in this act, unless the context otherwise requires,—(a) "council" means the naxal affected states development council set up under section 3;5(b) "naxal affected states" means the states of bihar, west bengal, maharashtra, madhya pradesh, chhattisgarh, odisha, andhra pradesh and jharkhand; and(c) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, by notification in the official gazette, constitute a council to be known as the naxal affected states development council(2) the council shall consist of—constitution of the naxal affected states development council10(i) the chief minister of each of the naxal affected states: provided that if there is no council of ministers in any naxal affected state, thepresident may nominate one person to represent such state in the council for a period till the council of ministers is formed in that state;(ii) members representing the naxal affected states in the house of the people;15(iii) leader of opposition in the legislative assembly of each of the naxalaffected state;(iv) three persons having experience of not less than fifteen years in the fieldof social or economic planning to be nominated by the central government;20(v) two persons having not less than fifteen years of experience of handlingand managing internal security; and(vi) the secretary of the department of home affairs of each of the naxal affectedstate(3) the chairperon of the council shall be nominated by the president from amongst the chief ministers of the naxal affected states in such manner, as may be prescribed(4) the term of office of the chairperson of the council shall be two years:2530provided that where a vacancy is caused in the office of the chairperson before the expiry of the period of two years due to issue of proclamation under article 356 of the constitution or otherwise, the president may nominate chief minister of any other naxal affected state as chairperson of the council for the remaining period or for a period till the new chief minister assumes office in that state, whichever is earlier 4 (1) the head office of the council shall be at nagpur in the state of maharashtra(2) the council shall meet at least five times in a calendar yearheadquarter and meetings of the council(3) the proceedings of every meeting of the council shall be forwarded to thecentral government and also to government of each of the naxal affected states35officers and staff of the council5 (1) the council shall have a secretarial staff consisting of a secretary, a planningadvisor, a financial advisor, a security advisor and such other officers and employees as the central government may, by order, determine(2) the secretarial staff of the council shall function under the direction, supervisionand control of the chairperson of the council40(3) the central government shall bear the administrative expenses of the councilincluding the salaries and allowances payable to the secretarial staff of the councilfunctions of the council6 (1) the council shall function as a planning body for balanced and all-rounddevelopment of naxal affected states(2) it shall be the responsibility of the council to formulate plans and schemes for ensuring peace and safety in the naxal affected states:5provided that the council may, if it considers necessary, formulate specific and time bound projects and schemes for areas having high naxal activity and also review, from time to time, the implementation of such projects and schemes(3) for securing the balanced development of the naxal affected states, the council shall forward the following proposals for consideration to the central government and the governments of naxal affected states:—(i) augmenting security measures; (ii) streamlining administration;10(iii) accelerating the industrial growth; (iv) improving accessibility through railways or roads;(v) providing communications and telecommunications facilities; (vi) providing electricity, drinking water and housing in rural areas;15(vii) improving health services including multi speciality healthcare facilities; (viii) providing educational facilities and gainful employment includingvocational education to people; and20(ix) compensation and financial assistance to the victims of or to the dependantsof persons killed or injured during naxalite or maoist violence and also providing government jobs to such persons for their rehabilitation(4) for the purpose of clause (iii) of sub-section (3), the council may recommend to the central government such concessions, including waiver of duty of excise, as it deems necessary, for a specific period to the industrial units in naxal affected states257 it shall be the duty of the central government and the government of each of thenaxal affected states to give due consideration to the proposals of the council and apprise the council of its views and decisions on such proposalscentral and state governments to give due consideration to the proposals of the council provision of funds to the council 8 the central government shall, after due appropriation made by parliament by law, from time to time, provide adequate funds to the council for implementation of development plans and schemes formulated by the council30power to make rules9 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act35(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe presence of naxals, maoists and anti-social elements is constantly on the rise in various parts of the country in a number of states, there is complete disruption of administrative work due to naxal activities, who are waging war by using arms and ammunitions against the state almost all areas affected by naxal activity are covered with dense forests and are located far away from the main areas all such areas are backward and poor there is an urgent need to take effective steps to bring these socially, economically and educationally backward areas into the mainstream by taking steps for their developmentit may not be correct to consider the naxalite problem as purely a problem caused by social and economic backwardness naxalites are trying to impose their ideology on the people by taking advantage of the backwardness and inaccessibility of the areas in which they operate elected representatives of local bodies from the naxal affected areas are resigning their offices due to increasing terror of the naxalites this is endangering democratic set up in these states as per the reports, as many as 6687 violent incidents have occurred in the country during the last four years resulting in death of 1856 civilians and of hundreds of policemen and security personnel given the severity of the problem, there is an urgent need for socio-economic development of the areas besides making the administration more effective the naxal affected states are rich not only in forests but also in precious minerals therefore, formulation and implementation of schemes for development of infrastructure, industries, education, health and supply of safe drinking water is the need of the hourthe bill proposes to set up a naxal affected states development council to focus on all-round development of the naxal affected states the setting up of such a council will go a long way in ensuring development of naxal affected states and as a result, the people living in naxal affected states will be free from fear and enjoy the fruits of social, economic and educational developmenthence this billnew delhi;hansraj gangaram ahirjuly 23, 2012 financial memorandumclause 3 of the bill provides for setting up of the naxal affected states development council clause 4 provides that the council shall have its headquarter at nagpur and meet at least five times in a calendar year clause 5 provides that the council shall have a secretariat it further provides that the central government shall bear the administrative expenditure including salaries and allowances of secretariat staff of the council clause 8 provides that the central government shall provide adequate funds to the council for implementing the development plans and schemes after due appropriation made by parliament by law the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees six hundred crore is likely to be involved as a recurring expenditure per annuma sum of rupees four hundred crore is also likely to be involved as non-recurring expenditure 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 to be made relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the constitution of a council to be known as the naxal affected states development council to formulate and monitor implementation of development plans and schemes for balanced and all-round development of naxal affected states and for matters connected therewith————

Parliament_bills

8c08b3f6-0ea3-5720-ac2a-6470519c805e

bill no xiv of 2013 the micro, small and medium enterprises development (amendment) bill, 2013 a billto amend the micro, small and medium enterprises development act, 2006be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the micro, small and medium enterprises development (amendment) act, 20135(2) it shall come into force on such date, as the central government may, bynotification in the official gazette, appoint27 of 20062 in the micro, small and medium enterprises development act, 2006, aftersection 10, the following sections shall be inserted, namely:—insertion of new sections 10a and 10b10"10a (1) every scheduled commercial bank shall lend to the micro, smalland medium enterprises at the rate of one per cent plus the rate of fixed deposit of such bankslending rate and limit for lending of collateral free loans(2) every scheduled commercial bank shall lend collateral free loans upto the limit of rupees two crore for micro, small and medium enterprises10b the central government shall, from time to time, notify suitable incentives to increase the inflow of equity capital in micro, small and medium enterprises"incentives to increase the inflow of equity capital5 statement of objects and reasonsthe micro, small and medium enterprises development act, 2006 aims to provide for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises in the country the said act, as well as the guidelines issued by the reserve bank of india in its circular dated 1st july, 2011 and the recommendations of various committees and task groups have brought about considerable positive changes in various areas of development of competitiveness of micro, small and medium enterprises (msmes)however, the msmes, that contribute to eight per cent of the country's gross domestic product (gdp) forty-five per cent of the manufactured output, forty per cent of our exports and that employs an estimated sixty million people, continue to face serious bottlenecks in its development lack of access to adequate and timely credit at a reasonable cost is the most cirticial problems faced by this sector hence, there is an urgent need to make it mandatory by law for scheduled commercial banks to provide affordable lending rates to msmesthe bill hence, aims to ensure lowest lending rates to msmes, fixed at one per cent plus the rate of interest for fixed deposits of the scheduled commercial banks in the countrythis would ensure more credit flow to the msme sector, without hurting commercial banks, as they will continue to have freedom to fix lending rates to other sectors or units the bill also aims to make it mandatory for scheduled commercial banks to offer msmes, collateral free loans, up to rupees 2 crore these two key changes in the principal act would revive msmes through increased credit flowhence, this billvivek gupta financial memorandumsection 2 of the bill provides that all scheduled commercial banks in the country shall lend money to msmes, at a rate of interest fixed at one per cent plus the rate of interests for fixed deposits of the banks the section makes it the responsibility of banks to ensure increased credit flow to the msme sector therefore, if enacted, the act will not incur any expenditure from the consolidated fund of india rajya sabha———— a billto amend the micro, small and medium enterprises development act, 2006————(shri vivek gupta, mp)gmgipmrnd—5533rs(s4)—8-03-2013

Parliament_bills

24c71c73-bdd5-54e1-9ced-0794a526c489

bill no 53 of 2016 the enemy property (amendment and validation) bill, 2016 a billfurther to amend the enemy property act, 1968 and the public premises(eviction of unauthorised occupants) act, 1971be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and commencement1 (1) this act may be called the enemy property (amendment and validation) act,20165(2) save as otherwise provided in this act, it shall be deemed to have come into forceon the 7th day of january, 201634 of 1968amendment of section 22 on and from the date of commencement of the enemy property act, 1968 (hereinafter referred to as the principal act), in section 2,—(i) in clause (b),—10(i) for the words "an enemy subject", the words "an enemy subjectincluding his legal heir and successor whether or not a citizen of india or the citizen of a country which is not an enemy or the enemy, enemy subject or his legal heir and successor who has changed his nationality" shall be substituted and shall always be deemed to have been substituted;5(ii) for the words "an enemy firm", the words "an enemy firm, including its succeeding firm whether or not partners or members of such succeeding firm are citizen of india or the citizen of a country which is not an enemy or such firm which has changed its nationality" shall be substituted and shall always be deemed to have been substituted;(iii) for the words "does not include a citizen of india", the words "does not include a citizen of india other than those citizens of india, being the legal heir and successor of the "enemy" or "enemy subject" or "enemy firm" shall be substituted and shall always be deemed to have been substituted;10(iv) the following explanations shall be inserted and shall always be deemed to have been inserted at the end, namely:—15'explanation 1—for the purposes of this clause, the expression"does not include a citizen of india" shall exclude and shall always be deemed to have been excluded those citizens of india, who are or have been the legal heir and successor of an "enemy" or an "enemy subject" or an "enemy firm" which or who has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of india or the citizen of a country which is not an enemy20explanation 2—for the purposes of this clause, it is hereby clarified that nothing contained in this act shall affect any right of the legal heir and successor referred to in this clause (not being inconsistent to the provisions of this act) which have been conferred upon him under any law for the time being in force';25(ii) in clause (c), in the proviso,—(i) after the words "dies in the territories to which this act extends", the words "or dies in any territory outside india" shall be inserted and shall always be deemed to have been inserted;30(ii) the following explanations shall be inserted and shall always be deemed to have been inserted at the end, namely:—35'explanation 1— for the purposes of this clause, it is hereby clarified that "enemy property" shall, notwithstanding that the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of india or the citizen of a country which is not an enemy, continue and always be deemed to be continued as an enemy property40explanation 2—for the purposes of this clause, the expression "enemy property" shall mean and include and shall be deemed to have always meant and included all rights, titles and interest in, or any benefit arising out of, such property'amendment of section 5453 on and from the date of commencement of the principal act, in section 5, after sub-section (2), the following shall be inserted, and shall always be deemed to have been inserted, namely:—50'(3) the enemy property vested in the custodian shall, notwithstanding that the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of india or the citizen of a country which is not an enemy, continue to remain, save as otherwise provided in this act, vested in the custodianexplanation—for the purposes of this sub-section, "enemy property vested in the custodian" shall include and always deemed to have been included all rights, titles, and interest in, or any benefit arising out of, such property vested in him under this act'54 after section 5 of the principal act, the following section shall be inserted, namely:—insertion of new section 5a issue of certificate by custodian10"5a the custodian may, after making such inquiry as he deems necessary, byorder, declare that the property of the enemy or the enemy subject or the enemy firm described in the order, vests in him under this act and issue a certificate to this effect and such certificate shall be the evidence of the facts stated therein"insertion of new section 5b5 on and from the date of commencement of the principal act, after section 5a (as so inserted by section 4 of this act), the following shall be inserted and shall always be deemed to have been inserted, namely:—15law of succession or any custom or usage not to apply to enemy property'5b nothing contained in any law for the time being in force relating to succession or any custom or usage governing succession of property shall apply in relation to the enemy property under this act and no person (including his legal heir and successor) shall have any right and shall be deemed not to have any right (including all rights, titles and interests or any benefit arising out of such property) in relation to such enemy property20explanation—for the purposes of this section, the expressions "custom" and"usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law in the matters of succession of property'amendment of section 6256 on and from the date of commencement of the principal act, for section 6 of the principal act, the following section shall be substituted and shall always be deemed to have been substituted, namely:—"6 (1) no enemy or enemy subject or enemy firm shall have any right and shall never be deemed to have any right to transfer any property vested in the custodian under this act, whether before or after the commencement of this act and any transfer of such property shall be void and shall always be deemed to have been void30prohibition to transfer any property vested in custodian by an enemy,enemy subjector enemy firm35 40(2) where any property vested in the custodian under this act had been transferred, before the commencement of the enemy property (amendment and validation) act, 2016, by an enemy or enemy subject or enemy firm and such transfer has been declared, by an order, made by the central government, to be void, and the property had been vested or deemed to have been vested in the custodian [by virtue of the said order made under section 6, as it stood before its substitution by section 6 of the enemy property (amendment and validation) act, 2016] such property shall, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, continue to vest or be deemed to have been vested in the custodian and no person (including an enemy or enemy subject or enemy firm) shall have any right or deemed to have any right (including all rights, titles and interests or any benefit arising out of such property) over the said property vested or deemed to have been vested in the custodian" 7 in section 8 of the principal act,—amendment of section 845(i) on and from the date of commencement of the principal act, for sub-section (1), the following sub-section shall be substituted and shall always be deemed to have been substituted, namely:—50"(1) with respect to the property vested in the custodian under this act, the custodian may take or authorise the taking of such measures as he considers necessary or expedient for preserving such property till it is disposed of in accordance with the provisions of this act"; (ii) in sub-section (2),—(a) after clause (i), the following clause shall be inserted, namely:—"(ia) fix and collect the rent, standard rent, lease rent, licence fee or usage charges, as the case may be, in respect of enemy property;'';5(b) after clause (iv), the following clause shall be inserted, namely:—"(iva) secure vacant possession of the enemy property by evicting the unauthorised or illegal occupant or trespasser and remove unauthorised or illegal constructions, if any''108 after section 8 of the principal act, the following section shall be inserted, namely:—insertion of new section 8a sale of property by custodian15"8a (1) notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority or any law for the time being in force, the custodian may, within such time as may be specified by the central government in this behalf, dispose of whether by sale or otherwise, as the case may be, with prior approval of the central government, by general or special order, enemy properties vested in him immediately before the date of commencement of the enemy property (amendment and validation) act, 2016 in accordance with the provisions of this act, as amended by the enemy property (amendment and validation) act, 201620(2) the custodian may, for the purpose of disposal of enemy property under sub-section (1), make requisition of the services of any police officer to assist him and it shall be the duty of such officer to comply with such requisition(3) the custodian shall, on disposal of enemy property under sub-section (1)immediately deposit the sale proceeds into the consolidated fund of india and intimate details thereof to the central government25 30(4) the custodian shall send a report to the central government at such intervals, as it may specify, for the enemy properties disposed of under sub-section (1), containing such details, (including the price for which such property has been sold and the particulars of the buyer to whom the properties have been sold or disposed of and the details of the proceeds of sale or disposal deposited into the consolidated fund of india) as it may specify35(5) the central government may, by general or special order, issue such directions to the custodian on the matters relating to disposal of enemy property under sub-section (1) and such directions shall be binding upon the custodian and the buyer of the enemy properties referred to in that sub-section and other persons connected to such sale or disposal(6) the central government may, by general or special order, make such guidelines for disposal of enemy property under sub-section (1)40(7) notwithstanding anything contained in this section, the central government may direct that disposal of enemy property under sub-section (1) shall be made by any other authority or ministry or department instead of custodian and in that case all the provisions of this section shall apply to such authority or ministry or department in respect of disposal of enemy property under sub-section (1)45(8) notwithstanding anything contained in sub-sections (1) to (7), the central government may deal with or utilise the enemy property in such manner as it may deem fit"insertion of new section 10a9 after section 10 of the principal act, the following section shall be inserted, namely:—power to issue certificate of sale50"10a (1) where the custodian proposes to sell any enemy immovable property vested in him, to any person, he may on receipt of the sale proceeds of such property, issue a certificate of sale in favour of such person and such certificate of sale shall, notwithstanding the fact that the original title deeds of the property have not been handed over to the transferee, be valid and conclusive proof of ownership of such property by such person5(2) notwithstanding anything contained in any law for the time being in force, the certificate of sale, referred to in sub-section (1), issued by the custodian shall be a valid instrument for the registration of the property in favour of the transferee and the registration in respect of enemy property for which such certificate of sale had been issued by the custodian, shall not be refused on the ground of lack of original title deeds in respect of such property or for any such other reason"10amendment of section 1110 in section 11 of the principal act, after sub-section (2), the following sub-section shall be inserted, namely:—5 of 190815"(3) the custodian, deputy custodian or assistant custodian shall have, for the purposes of exercising powers or discharging his functions under this act, the same powers as are vested in a civil court under the code of civil procedure,1908, while dealing with any case under this act, in respect of the following matters, namely:—(a) requiring the discovery and inspection of documents;20(b) enforcing the attendance of any person, including any officer dealingwith land, revenue and registration matters, banking officer or officer of a company and examining him on oath;(c) compelling the production of books, documents and other records; and (d) issuing commissions for the examination of witnesses or documents"amendment of section 172511 in section 17 of the principal act, in sub-section (1), for the words "two per centum", at both the places where they occur, the words "five per centum" shall be substituted12 for section 18 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 1830transfer of property vested as enemy property in certain cases35"18 the central government may, on receipt of a representation from a person, aggrieved by an order vesting a property as enemy property in the custodian within a period of thirty days from the date of receipt of such order and after giving a reasonable opportunity of being heard, if it is of the opinion that any enemy property vested in the custodian under this act and remaining with him was not an enemy property, it may by general or special order, direct the custodian that such property vested as enemy property in the custodian may be transferred to the person from whom such property was acquired and vested in the custodian"insertion of new section 18a13 on and from the date of commencement of the principal act, after section 18 (as so substituted by section 12 of this act), the following section shall be inserted and shall always be deemed to have been inserted, namely:—40income not liable to be returned"18a any income received in respect of the enemy property by the custodianshall not, notwithstanding that such property had been transferred by way of sale under section 8a or section 18, as the case may be, to any other person, be returned or liable to be returned to such person or any other person"14 after section 18a of the principal act, (as so inserted by section 13 of this act), the following section shall be inserted, namely:—insertion of new section 18b45bar of jurisdiction"18b no civil court or other authority shall entertain any suit or other proceedingin respect of any property, subject-matter of this act as amended by the enemy property (amendment and validation) act, 2016, or any action taken by the central government or the custodian in this regard"amendment of section 2015 in section 20 of the principal act, for the words "five hundred rupees" at both the places where they occur, the words "ten thousand rupees" shall be substitutedamendment of section 22516 on and from the date of commencement of the principal act, in section 22 of the principal act, after the words "for the time being in force", the brackets and words "(including any law of succession or any custom or usage in relation to succession of property)" shall be inserted and shall always be deemed to have been inserted17 after section 22 of the principal act, the following section shall be inserted and shall always be deemed to have been inserted with effect from the 2nd july, 2010, namely:—insertion of new section 22a validation10"22a notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,—(a) the provisions of this act, as amended by the enemy property(amendment and validation) act, 2016, shall have and shall always be deemed to have effect for all purposes as if the provisions of this act, as amended by the said act, had been in force at all material times;15 20(b) any enemy property divested from the custodian to any person under the provisions of this act, as it stood immediately before the commencement of the enemy property (amendment and validation) act, 2016, shall stand transferred to and vest or continue to vest, free from all encumbrances, in the custodian in the same manner as it was vested in the custodian before such divesting of enemy property under the provisions of this act, as if the provisions of this act, as amended by the aforesaid act, were in force at all material times;25 30(c) no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such court or tribunal or authority directing divestment of enemy property from the custodian vested in him under section 5 of this act, as it stood before the commencement of the enemy property (amendment and validation) act, 2016, and such enemy property shall continue to vest in the custodian under section 5 of this act, as amended by the aforesaid act, as the said section, as amended by the aforesaid act was in force at all material times;35(d) any transfer of any enemy property, vested in the custodian, by virtue of any order of attachment, seizure or sale in execution of decree of a civil court or orders of any tribunal or other authority in respect of enemy property vested in the custodian which is contrary to the provisions of this act, as amended by the enemy property (amendment and validation) act, 2016, shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the custodian under this act"18 in section 23 of the principal act, in sub-section (2), clause (d) shall be omittedamendment of section 2340power to removal of difficulty40 of 19714519 (1) if any difficulty arises in giving effect to the provisions of the principal act, as amended by the enemy property (amendment and validation) act, 2016, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as amended by the enemy property (amendment and validation) act, 2016, or the public premises (eviction of unauthorised occupants) act, 1971, as amended by the enemy property (amendment and validation) act, 2016, as may appear to be necessary for removing the difficulty:ord 1 of 2016provided that no such order shall be made under this section after the expiry of two years from the date on which the enemy property (amendment and validation) bill, 2016, replacing the enemy property (amendment and validation) ordinance, 2016, receives the assent of the president(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament20 in the public premises (eviction of unauthorised occupants) act,1971,—amendment of sections 2 and 3 of act 40 of 19715(a) in section 2, in clause (e), after sub-clause (3), the following sub-clause shall be inserted, namely:—34 of 1968"(4) any premises of the enemy property as defined in clause (c) of section2 of the enemy property act, 1968"; (b) in section 3, in clause (a),—(i) in the second proviso, the word "and" shall be omitted;10(ii) after the second proviso, the following proviso shall be inserted, namely:—34 of 196815"provided also that the custodian, deputy custodian and assistant custodian of the enemy property appointed under section 3 of the enemy property act, 1968 shall be deemed to have been appointed as the estate officer in respect of those enemy property, being the public premises, referred to in sub-clause (4) of clause (e) of section 2 of this act for which they had been appointed as the custodian, deputy custodian and assistant custodian under section 3 of the enemy property act, 1968"20savingsord 4 of 2010 34 of 1968 40 of 19712521 notwithstanding the cessation of the operation of the enemy property(amendment and validation) ordinance, 2010, anything done or any action taken under the enemy property act, 1968, or the public premises (eviction of unauthorised occupants) act, 1971, as amended by the enemy property (amendment and validation) ordinance, 2010, shall be deemed to have been done or taken under the corresponding provisions of those acts, as amended by the enemy property (amendment and validation) ordinance, 2010, as if the provisions of this act, as amended by the said ordinance had been in force at all material timesord 1 of 2016repeal and savings22 (1) the enemy property (amendment and validation) ordinance, 2016 is herebyrepealed3034 of 1968(2) notwithstanding such repeal, anything done or any action taken under the enemy property act, 1968 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 enemy property act, 1968 was enacted on the 20th august, 1968 to, inter alia, provide for the continued vesting of enemy property vested in the custodian of enemy property for india under the defence of india rules, 1962 and for matters connected therewith2 of late, there have been various judgments by various courts that have adversely affected the powers of the custodian and the government of india as provided under the enemy property act, 1968 in view of such interpretation by various courts, the custodian is finding it difficult to sustain his actions under the enemy property act, 19683 in the above circumstances, it has become necessary to amend the enemy property act, 1968, inter alia, to clarify the legislative intention with retrospective effect providing—(a) that the definition of "enemy" and "enemy subject" shall include the legal heir and successor of an enemy, whether a citizen of india or a citizen of a country which is not an enemy and also include the succeeding firm of an enemy firm in the definition of "enemy firm" irrespective of the nationality of its members or partners;(b) that the enemy property shall continue to vest in the custodian even if the enemy or enemy subject or enemy firm ceases to be enemy due to death, extinction, winding up of business or change of nationality or that the legal heir or successor is a citizen of india or a citizen of a country which is not an enemy;(c) that the enemy property shall continue to vest in the custodian with all rights, title and interest in the property and the custodian shall preserve the same till it is disposed of by the custodian, with the prior approval of the central government, in accordance with the provisions of this act;(d) that the custodian shall, after making such inquiry as he deems necessary, declare that the property of the enemy or the enemy subject or the enemy firm vest in him under the aforesaid act and issue a certificate to that effect which would be evidence of the facts stated therein;(e) that the law of succession or any custom or usage governing succession shall not apply in relation to enemy property;(f) that no enemy or enemy subject or enemy firm shall have any right and shall never be deemed to have any right to transfer any property vested in the custodian and any transfer of such property shall be void;(g) that the custodian, with prior approval of the central government, may dispose of the enemy properties vested in him in accordance with the provisions of the said act and for this purpose the central government may issue such directions to the custodian which shall be binding upon him;(h) that the central government may transfer the property vested in the custodian which was not an enemy property to the person who has been aggrieved by the vesting order issued by the custodian 4 in order to have speedy and effective eviction of unauthorised occupants from the enemy property under the custodian, it is proposed to amend the public premises (eviction of unauthorised occupants) act, 1971 so as to declare the custodian, deputy custodian and assistant custodian of enemy property appointed under the enemy property act, 1968 as "estate officer" in respect of the enemy properties5 as parliament was not in session and an urgent legislation was required to be made, the president promulgated the enemy property (amendment and validation) ordinance, 2016 on the 7th january, 20166 the bill seeks to replace the aforesaid ordinancenew delhi;rajnath singhthe 23rd february, 2016 annexure extracts from the enemy property act, 1968 (34 of 1968)| | | | | ||------|------|------|------|-----|definitions2 in this act, unless the context otherwise requires,—(a) 51 of 196242 of 1971(b) "enemy" or "enemy subject" or "enemy firm" means a person or country who or which was an enemy, an enemy subject or an enemy firm, as the case may be, under the defence of india act, 1962, and the defence of india rules, 1962 or the defence of india act, 1971 and the defence of india rules, 1971, but does not include a citizen of india;(c) "enemy property" means any property for the time being belonging to or held or managed on behalf of an enemy, an enemy subject or an enemy firm:provided that where an individual enemy subject dies in the territories to which this act extends, any property which immediately before his death, belonged to or was held by him or was managed on his behalf, may, notwtihstanding his death, continue to be regarded as enemy property for the purposes of this act;| | | | | | ||------|------|------|------|------|-----|transfer of property vested in custodian by enemy or enemy subject or enemy firm6 where any property vested in the custodian under this act has been transferred, whether before or after the commencementof this act, by an enemy or an enemy subject or an enemy firm where it appears to the central government that such transfer is injurious to the public interest or was made with a view to evading or defeating the vestig of the property in the custodian, then, the central government may, after giving a reasonable opportunity to the transferee to be heard in the matter, by order, declare such transfer to be void and on the making of such order, the property shall continue to vest or be deemed to vest in the custodian| | | | | | ||------|------|------|------|------|-----|8 (1) with respect to the property vested in the custodian under this act, the custodian may take or authorise the taking of such measures as he considers necessary or expedient for preserving such property and where such property belongs to an individual enemy subject, may incur such expenditure out of th eproperty as he considers necessary or expedient for the maintenance of that individual or of his family in indiapowers of custodian in respect of enemy property vested in him(2) without prejdice to the generality of the foregoing provision, the custodian or such person as may be specifically authorised by him in this behalf, may for the said purpose,—(i) carry on the business of the enemy; (iv) institute, defend or continue any suit or other legal proceeding, refer any dispute to arbitration and compromise any debts, claims or liabilities; levy of fees17 (1) there shall be levied by the custodian fees equal to two per centum of—(a) the amount of moneys paid to him; (b) the proceeds of the sale or transfer of any property which has been vested in him under this act; and(c) the value of the residual property, if any, at the time of its transfer to the original owner or other person specified by the central government under section 18: provided that in the case of an enemy whose property is allowed by the custodian to be managed by some person specially authorised in that behalf, there shall be levied a fee of two per centum of the gross income of the enemy or such less fee as may be specifically fixed by the central government after taking into consideration the cost of direct management incurred by that government, the cost of superior supervision and any risks that may be incurred by that government in respect of the management:provided further that the central government may, for reasons to be recorded in writing, reduce or remit the fees leviable under this sub-section in any special case or class of casesexplanation—in this sub-section "gross income of the enemy" means income derived out of the properties of the enemy vested in the custodian under this act [10] m cdivesting of enemy property vested in custodian18 the central government may, by general or special order, direct that any enemy property vested in the custodian under this act and remaining with him shall be divested from him and be turned, in such manner as may be prescribed, to the owner thereof or to such other person as may be specified in the direction and thereupon such property shall cease to vest in the custodian and shall revest in such owner or other person [10] m cpenalty20${}^{\circ}$(3) if any person fails to comply with a requisition made by the custodian under sub-section (1) or sub-section (2) of section 11, he shall be punishable with fine which may extend to five hundred rupees(4) if any person fails to submit the return under sub-section (2) of section 15, or furnishes such return containing any particular which is false and which he knows to be false or does not believe to be true, he shall be punishable with fine which may extend to five hundred rupees [10] m c22 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceeffect of laws in consistent with the act23 (1) power to make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for— (d) the manner in which enemy property vested in the custodian may be returned under section 18; extracts from the public premises (eviction of unauthorised occupants) act, 1971 (40 of 1971)| | | | | ||------|------|------|------|-----|definitions2 in this act, unless the context otherwise requires,—| | | | | ||------|------|------|------|-----|3 the central government my, by notification in the official gazette,—appointment of estate officers(a) appoint such persons, being gazetted officers of government or of the government of any union territory or officers of equivalent rank of the statutory authority, as it thinks fit, to be estate officers for the purposes of this act:provided that no officer of the secretariat of the rajya sabha shall be so appointed except after consultation with the chairman of the rajya sabha and no officer of the secretariat of the lok sabha shall be so appointed except after consultation with speaker of the lok sabha:provided further that an officer of a statutory authority shall only be appointed as an estate officer in respect of the public premises controlled by that authority; and| | | | | ||------|------|------|------|-----| lok sabha———— a billfurther to amend the enemy property act, 1968 and the public premises(eviction of unauthorised occupants) act, 1971————gmgipmrnd—4678ls(s3)—01032016

Parliament_bills

406ed70e-f3d1-510b-8950-1618fe573c40

bill no 16 of 1989 the appropriation (railways) bill, 1969 a billto authorise payment and appropriation oj certain suirrt8 from and 01114 of the consolidated fund of india for the services of the :financial year 1989-90 for tihe purposes of railways be it enacted by parliament in the fortieth year of the republic of india as follows:-l this act may be called the appropriation (railways) act, 1989 short title 2 from and out of the consolidated fund of india there may be paid 5 and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of eighteen thousand nine hundred and four c,rores, eighty-three lakhs and fifty-nine thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1989-90, in respect of the services 10 relating to railways specified in column 2 of the schedule issue ofbs j8904,83, 59,000 out of the consolidated fund of india for the financial year 1989-90 appropriation 3 the sums authorised to be paid and applied from and out of the consolidated fund of india by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year 2 3 __1 ___________ ----------------no sums not excccdina s of services and pur,,<lses ----------------voted by chi rgcd on vote tott] pl'rliament ! the co1l5olidritcd i i fund i s s, ~s -'--r _-_1- r i9,20,14,~" 9 ~o 14 ()("i railway board i -1"-------1 ! i , ,~, , " 10 t 65,32,07,000 65,32,07,000 2 miaoeuaneous expenditure (ooneral) 431,93,78,000 431,96,20,()()(l 3 i general superintendence and services on railways is 902,30,92,000 10,11,000 i 902,20,8 i ,000 i 4 repairs and maintenance of permanent way and works s ropairs and mailltcn:mcc ,)f 702,19,43,000 :;,94,000 motive power i 702,15,47,000 i , 6 940,86,49,000 repairs and maintenance of carri:lges and wag>ns i 20 940,83,94,(i()o : i ~s5,ooo i i ! 482,14,05,000 2,00,000 482,16,05,()(l(1 7 i repairs and maintenance of plunt i and equipment i 766,38,4~,ooo 59,00,000 8 opcratine eltpcnses-rollill3 stock and equipment 766,97,45,000 1147,17,71,000 operating expcnse!-tr~ffic ;,5;,000 1147,21,14,000 i i i 2s 1483,28,98,000 i 1483,30,98,000 operatina exjltnse6-fuel 2,04,000 i 67,000 i staff wclf~re and amenities 309,os,93,ooo i' 309,06,60,000 480,41,52,00(1 12 miscellaneous workina expenses 7sr,i6,004! 472,95,16,000 i 706,35,32,000 j 707,57,26,cx'ij 13 provident fund pension and other retirement bent'fits i 1~i,94,ooo j , 30 2621,00,00,000 14 appropriation to funds i 15 dividend to gcn"1 rcvenu~s, rcpayment of loans t ken from i general revenuc:> and amoni- 1 zation 3rover-capitllliz~tjon i 3s ancts-acquisltion, con'ltruction ! and replowement-16 i 2621,00,00,000 ' ! 8s6,39,62,ooo ; i i i ~,02,24,ooo 50,01,74,000 i 50,000 revenue other expadilllf'e capital 3062,65,55,000 40 railway fttncb i, "'''65 ",ooo! -1 i 1886,07,33,000) 650,000 i 1886,13,8~,ooo ! 1----;------ i 18891,16,65,000: ij,66,94,ooo i 18904,83,59,000 total statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the cojl$titution 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 of india and the grants made by the lok sabha in respect: of the estimated expenditure of the central government on railways for the financial year 1989-90 madha vrao scindia president's recommendation under article 117 of the constitution of india[copy of lette,r no 89-:8-401 dated 23 february, 1989 from shri madbavrao scindia, minister of state for railways to the secretary-general, lok sabha] the president, having been informed of the subject matter of the proposed appropriation bill to authorise paymen~ and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 1989-90 for the purposes of railways recommends under clauses (1) and (3) of article 117 of the constitution of india, the introduction in and ,consideration l;>y lok ~bha of the appropriation bill a billto autbq1'iae payment and appropriation of certain sums from and out of the consolidated fund of india for the serviees of the financlal tear 1989-90 for the purpose of railways (shri madoovroo scindia, minister of state in the ministry of railtdclyl)

Parliament_bills

fc6de57b-8a9f-574d-9999-cfb8f568a631

financial memorandumclause 5 of the bill provides for establishment of "receiving centres" by the appro- priate government clause 6 of the bill provides for establishment of beggars' welfare fund by the central government clause 7 of the bill provides for formulation of schemes concemed, 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 tecurring expenditure of about tupees eight hundred crore per annum a non-recurring expenditure of about tupees 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 f

Parliament_bills

1ba15542-7b2b-5083-b7b0-fab8315b7854

the merchant shipping bill, 2016 ————— arrangement of clauses—————clauseschapter i preliminary1 short title and commencement 2 application of act 3 definitions part ii establishment of boards and general administration chapter i establishment of national shipping board and seafarers welfare board4 establishment of national shipping board 5 constitution of seafarer welfare board chapter ii general administration6 director- general of shipping 7 surveyor8radio inspector9 mercantile marine department10 shipping office 11 seafarer's employment office12 seafarer's welfare officer part iii registration of vessels13 application of part chapter i registration of indian vessels14 obligation to register 15 registrar of indian vessels 16 application for registry 17 marking, survey and measurement of vessels before registry 18 power of registrar to inquire into title of indian vessel to be so registered 19 grant of certificate of registry 20 custody and use of certificate 21 endorsement on certificate of change of ownership 22 delivery of certificate of vessel lost or ceasing to be an indian vessel23 provisional registration of indian vessel 24 transfer of indian vessel or shares 25 registry of transfer 26 transmission of property in indian vessel on death, insolvency, etc 27 order for sale where vessel has ceased to be an indian vessel 28 transfer of vessel on sale by order of court 29 mortgage of vessel or share 30 rights of mortgagee 31 mortgage not affected by insolvency 32 transfer of mortgages 33 transmission of interest in mortgage in certain circumstance 34 description of name, call sign and an official number of indian vessel 35 registry of alterations 36 provisional certificate and endorsement where vessel is to be registered anew 37 registry anew on change of ownership 38 transfer of registry 39 restrictions on re-registry of abandoned vessel 40 national colours for indian vessels 41 concealment of indian, or assumption of foreign, character 42 liabilities of vessel not recognized as indian vessel 43 proceedings on forfeiture of vessel 44 liability of owners 45 evidence of register book, certificate of registry and other documents 46 closure of registry chapter ii registration of vessels on bareboat charter-cum-demise by indian charterer47 application of this chapter 48 definitions 49 registration of vessel chartered on bareboat charter-cum -demise 50 power to make rules in respect of matters in this part part iv certificate of competency and certificate of proficiency51 certificates to be held by seafarers 52 certificate of competency and certificate of proficiency 53 training for grant of certificate of competency and certificate of proficiency 54 examinations for grant of certificates 55 production of certificate of competency 56 recognition of certificates of competency granted in other countries 57 foreign vessel not to sail without certificated seafarers 58 obligations of certain certificate holders to serve the government or in indian vessels 59 power to make rules clauses part v seafarers60 application of this part 61 definitions 62 classification of seafarer, maritime labour standards and prescription of minimumscale63 application of maritime labour standards to seafarers and ships 64 duties of shipping master 65 business of seafarer's employment office 66 supply or recruitment or engagement of seafarer 67 agreements with seafarers 68 power to make rules for enforcement of maritime labour convention 69 wages on termination of service for wreck, illness, etc 70 wages not to accrue during absence without leave, refusal to work or imprisonment 71 compensation to seafarers on premature discharge 72 restrictions on sale of and charge upon wages 73 discharge of seafarers 74 wages and property of deceased seafarers and seafarers left behind 75 repatriation of seafarer on termination of service at foreign port 76 certain undisbursed amounts to be utilised for welfare of seafarers 77 decision of questions by shipping masters 78 power of shipping master to require production of ship's papers 79 summary proceedings for wages 80 restrictions on suits for wages 81 wages not recoverable outside india in certain cases82 remedies of master for wages, disbursements, etc 83 power to refer disputes between seafarers and their employers to tribunal 84 recovery of wages, etc, of seafarers lost with their ship 85 nomination 86 relief and maintenance of distressed seafarers 87 evidence of distress 88 inspection by shipping master, etc 89 special provisions for the protection of seafarers in respect of litigation 90 facilities for making complaints 91 assignment or sale of salvage invalid 92 ship not to be boarded without permission 93 misconduct endangering life or ship 94 desertion and absence without leave 95 general offences against discipline 96 smuggling of goods by seafarer 97 entry of offences in official log book98 report of desertions and absences without leave 99 entries and certificates of desertion abroad100 facilities for proving desertion in proceedings for forfeiture of wages 101 application of forfeitures 102 decision of questions of forfeiture and deduction in suits for wages 103 payment of fines imposed under agreement to shipping master 104 seafarer not to be enticed to desert 105 stowaways and seafarers carried under compulsion 106 on change of master, documents to be handed over to successor 107 deserters from foreign ships 108 official logbook 109 power to make rules for this part part vi safety and security110 application of this part 111 definitions 112 safety and security requirement 113 reporting of incidents 114 obligation to render assistance on receiving signal of distress and to persons indanger115 search and rescue services 116 radio communication requirements 117 information about vessel stability 118 submersion of load lines 119 no vessel to carry passenger without a certificate 120 vessel not to proceed to sea without valid safety and security certificates121 offences 122 vessel not to carry cargo or passengers in contravention of act 123 unseaworthy vessel not to be sent to sea 124 obligation of owner to crew with respect to seaworthiness 125 safety and security management 126 control measures and detention of vessels 127 liability for costs and damage when vessels detained 128 power to make rules part vii prevention, containment of pollution from vessel and response129 application of this part 130 definitions 131 control of discharge or emission of harmful substances or dumping at sea 132 requirements of prevention and containment of pollution and response 133 vessel not to proceed to sea without valid pollution prevention certificates 134 record books135 reception facilities 136 powers to take measures for prevention or containment of pollution and reporting ofincidents137 power of the central government to give directions to certain vessels or persons torender certain service138 power to make rules part viii survey, audit and certification139 survey, audit and certification 140 certificates 141 power of surveyor 142 compliance of provisions of convention 143 recognition of certificates issued outside india 144 issue of certificate to foreign vessels in india and indian vessels in foreign countries 145 power to make rules for this part part ix maritime liability and compensation chapter i collision, accident at sea and liability146 application of this chapter 147 apportionment of liability 148 damages for personal injury 149 right of contribution 150 duty of master of vessel to assist in case of collision 151 collision to be entered in official log book 152 report to central government of accidents to vessels 153 notice of loss of indian vessel to be given to central government chapter ii limitation of liability for maritime claims154 application of this chpater 155 limitation of liability for damages in respect of certain claims 156 conduct barring limitation 157 counter claims 158 limits of liability 159 limit for passenger claims 160 aggregation of claims 161 limitation of liability without constitution of a limitation 162 constitution of limitation fund 163 distribution of the fund 164 bar to other actions165 scope of application166 power to make rulesclauses chapter iii civil liability for oil pollution damage167 application of this chapter 168 definitions 169 liability of owner 170 joint and several liability for ships 171 limitation of liability 172 constitution of limitation fund 173 acquisition of right for compensation by subrogation 174 consolidation of claim and distribution of fund 175 compulsory insurance or other financial guarantee 176 acceptance of certificate issued outside india 177 ban on entering or leaving an indian port without certificate 178 direct action against insurer or other person providing financial security 179 limitation period 180 government ships 181 power to make rules chapter iv civil liability for bunker oil pollution damage182 application of this chapter 183 definitions 184 liability for bunker oil pollution 185 exemption from liability 186 right of owner to limitation of liability 187 determination of limitation of liability 188 consolidation of claims and distribution of amount189 extinguishment of right to claim 190 maintenance of compulsory insurance or other financial security 191 direct action against insurer or other person providing financial security 192 issue of certificate 193 ban on entering or leaving port without certificate 194 right of recourse 195 recognition and enforcements of decision of the court 196 power to make rules chapter v international oil pollution compensation fund197 application 198 definitions 199 contribution to fund 200 contribution payable by persons to the fund 201 liability of fund202 power to call for information 203 claims against fund and jurisdiction of courts 204 extinguishment of claims 205 subrogation and right of recourse 206 power to make rules part x investigation and inquiries207 marine casualties and report thereof 208 power of central government to initiate proceedings 209 power to cancel, suspend, etc, certificate of seafarers 210 re-hearing 211 application of this chapter to wrecks part xi wreck and salvage chapter i wreck212 definitions 213 receivers of wreck 214 duty to report wrecks 215 determination of hazard 216 locating and marking of wrecks 217 power to pass over adjoining lands 218 prohibition of certain acts in respect of wreck 219 search warrants where wreck is involved 220 measures to facilitate the removal of wrecks 221 liability of owner222 maintenance of insurance or other financial security 223 exception to liability 224 claims of owners to wreck 225 extinguishment of right to claim recovery of costs chapter ii salvage226 application of this chapter to salvage 227 definitions 228 salvage award 229 salvage payable for saving life, cargo or wreck 230 salvage operations controlled by government or port and public authorities 231 salvage contracts 232 duties of salvor, owner and master 233 rights and duties of central government in relation to salvage operations 234 rights of salvors235 adjudication of disputes 236 extinguishment of claims 237 savings 238 power to make rules respecting wreck and salvage part xii control of indian vessels and foreign vessels engaged in coasting trade239 application of this part 240 licensing of vessels 241 revocation, modification or surrender of licence 242 no port clearance until licence is produced243 power to give direction244 powers of central government to protect interests of indian shipping from undueforeign intervention245 power to make rules part xiii sailing, fishing and other vessels246 application of part 247 decision on whether a vessel falls under this part 248 requirements for safety, security, prevention of pollution and insurance 249 vessel not to proceed without valid certificates 250 statement relating to crew of vessels to be maintained 251 inquiry to jettisoning of cargo 252 detention of vessel by proper officer 253 detention of unseaworthy vessels 254 power to exempt255 power to make rules part xiv penalties and procedures256 penalties 257 place of trial and jurisdiction of court 258 special provision regarding punishment 259 cognizance of offence 260 offences by companies 261 depositions to be received in evidence when witness cannot be produced 262 power to detain foreign vessel that has occasioned damage 263 power to enforce detention of vessel 264 levy of wages, etc, by distress of movable property or vessel 265 notice to be given to consular representative of proceedings taken in respect offoreign vessel266 service of documentsclauses part xv miscellaneous267 birth and death of persons on board vessel during a voyage 268 inquiry into cause of death on board or person missing from indian vessel 269 certain persons deemed to be public servants 270 power of persons authorised to investigate, inquire, etc 271 power to permit alternative provisions and arrangement 272 control of nuclear vessels and security measures 273 exemption of public vessels, foreign and indian 274 power to exempt 275 general power to make rules 276 provisions with respect to rules 277 protection of persons acting under the act 278 agreement with other countries 279 removal of difficulties 280 repeal and savings bill no 236 of 2016 the merchant shipping bill, 2016 a billto consolidate and amend the law relating to merchant shipping to ensure compliance with the country's obligation under the maritime treaties and international instruments to which india is a party and also to ensure the efficient maintenance of indian mercantile marine in a manner best suited to serve the national interestbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— part i preliminary51 (1) this act may be called the merchant shipping act, 2016short title and commencement(2) it shall come into force on such date as the central government may, by notification,appoint, and different dates may be appointed for different provisions of this actapplication of act2 (1) unless otherwise expressly provided, the provisions of this act shall apply to,—(a) any vessel which is registered in india; or10(b) any vessel which is required by this act to be so registered, wherever it may be (2) unless otherwise expressly provided, the provisions of this act which apply to vessels other than those referred to in sub-section (1) shall so apply only while any such vessel is within india or in waters within the jurisdiction of india5(3) subject to sub-section (2) and unless otherwise expressly provided, the provisions of this act shall not apply to indian controlled tonnage vesselsdefinitions3 in this act, unless the context otherwise requires,—(1) "1992 liability convention" means the international convention on civil liability for oil pollution damage, 1992;10(2) "anti-fouling systems convention" means international convention on control of harmful antifouling systems on ships, 2001;15(3) "audit" means a systematic and independent examination to determine whether the management system as provided in safety convention complies with the planned arrangements and such arrangements are implemented effectively and are sufficient to achieve the desired objectives;(4) "ballast water management convention" means the international convention for the control and management of ships' ballast water and sediments, 2004;20(5) "certificate of competency" or "certificate of proficiency" means the certificate of competency or certificate of proficiency, as the case may be, granted under subsection (1) of section 52;(6) "coasts" include the coasts of creeks and tidal waters25explanation—for the purposes of this clause, the expression "tidal waters"means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides and not being a harbor;(7) "coasting trade of india" means,—(a) the carriage by sea of goods, passengers from any port or place in india to any other port or place in india, or3080 of 1976(b) performing any service within waters in the jurisdiction of india, including the zones as defined under the territorial water, continental shelf, exclusive economic zones and other maritime zones of india act, 1976;18 of 2013(8) "company" means a company as defined in clause (20) of section 2 of the companies act, 2013;35(9) "convention" means any international convention or treaty or agreement in relation to maritime matters and their protocols to which india is a party;(10) "convention certificate" means a certificate issued under the provisions of any convention;(11) "court", in relation to any proceedings, includes any court having jurisdiction in the matter to which the proceedings relate;40(12) "director-general" means the director-general of shipping appointed under sub-section (1) of section 6;(13) "distressed seafarer" means a seafarer engaged under this act, who has been discharged or left behind or abandoned including by reason of any captivity not in accordance with law, or shipwrecked, is in distress;455(14) "equipment", in relation to a vessel, includes boats, tackle, machinery, boilers, cargo handling gear, pumps and any fitting, anchor, propeller, apparels, furniture, life-saving appliances of every description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears and appliances of all kinds and all other stores and spares or articles belonging to or to be used in connection with or necessary for the navigation, propulsion, security, pollution prevention and safety of the vessel;(15) "family" means: —10(i) in the case of male, his wife, his children whether married or unmarried, his dependent parents and his deceased son's widow and children:15provided that if a person proves that his wife has ceased under the personal law governing him or the customary law of the community to which the spouses belong, to be entitled to maintenance, she shall no longer be deemed to be a part of such person's family for the purposes of this act, unless such person subsequently intimates by express notice in writing to the central government that she shall continue to be so regarded; and20(ii) in the case of female, her husband, her children, whether married or unmarried, her dependent parents, her husband's dependent parents and her deceased son's widow and children:25provided that if a person by notice in writing to the central government expresses her desire to exclude her husband from the family, the husband and his dependent parents shall no longer be deemed to be a part of such person's family for the purpose of this act, unless such person subsequently cancels in writing any such notice30explanation— in either of the above two cases, if the child, or, as the case may be, the child of deceased son of a person has been adopted by another person and if, under the personal law of the adopter, adoption is legally recognised, such a child shall be considered as excluded from the family of the first mentioned person;(16) "fishing vessel" means a vessel which is exclusively engaged in fishing in the seas;(17) "gross tonnage" means the measure of the overall size of a vessel determined in accordance with the rules made in this behalf;35(18) "high court", in relation to a vessel, means a high court within the limits of whose appellate jurisdiction,—(a) the port of registry of the vessel is situate, or (b) the vessel is for the time being, or (c) the cause of action, wholly or in part, arises;40(19) "indian consular officer" means the consul-general, consul, vice-consul, consular agent and pro consul appointed as such by the central government and includes any person authorised by the central government to perform the functions of consul-general, consul, vice-consul, consular agent and pro consul;45(20) "indian controlled tonnage vessel" means an indian vessel, other than an fishing vessel or sailing vessel, registered at a port or place in a country other than india under sub-section (2) of section 14;(21) "indian ship" or "indian vessel" means a ship or a vessel, as the case may be, which is substantially owned by the person referred in sub-section (3) of section 14;(22) "llmc convention" means the convention on limitation of liability for maritime claims, 1976;5(23) "maritime labour convention" means the maritime labour convention,2006;(24) "marpol convention" means the international convention for the prevention of pollution from ships, 1973 and protocols;(25) "master" includes any person (except a pilot or a harbour master) having command or charge of a vessel;10(26) "notification" means a notification published in the official gazette and the expression "notified" shall be construed accordingly;(27) "owner", in relation to a vessel means the person to whom the vessel or a share in the vessel belongs;(28) "passenger" means any person carried on board a vessel, except—15(a) a person employed or engaged in any capacity on board the vessel on the business of the vessel;20(b) a person on board the vessel either in pursuance of the obligations laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances which neither the master nor the charterer, if any, could have prevented or forestalled; and(c) a child under one year of age;(29) "passenger vessel" means a vessel carrying more than twelve passengers; (30) "pollution damage" means,—25(a) loss or damage caused outside the vessel resulting from the escape, emission or discharge of cargo, oil or any other material from the vessel, wherever such escape, emission or discharge may occur, or(b) the costs of preventive measures and further loss or damage caused by preventive measures;30(31) "pollution prevention convention" means any convention relating to prevention of pollution from vessels, to which india is a party; including marpol convention, anti-fouling systems convention and ballast water management convention;(32) "port" means the port as defined in clause (4) of section 3 of the indian ports act, 1908;3515 of 1908(33) "port authority" means,—(a) in relation to any major port, the board of trustees, or, as the case may be, the board of directors, in respect of that port constituted under any law for the time being in force;4015 of 1908(b) in relation to any other port, the conservator of the port appointed under section 7 of the indian ports act, 1908;(c) in relation to any terminal or place not forming a part of a port, the person under whose supervision the terminal or place is operated; (34) "port of registry", in relation to a vessel, sailing vessel, fishing vessel or any other vessel, means the port at which she is registered or is to be registered;45(35) "prescribed" means prescribed by rules made under this act; (36) "principal officer" means an officer referred to in section 9 of this act; (37) "proceeding" includes any suit, appeal or application under this act;5(38) "proper officer" means the officer designated by the central government to be the proper officer at the port or place and in respect of the matter to which the reference is made in the provision of this act, in which the expression occurs;(39) "proper return port" means such port as is agreed upon by the seafarer, and his employer in the agreement or otherwise, or in the absence of agreement, the port where the seafarer was employed or joined the vessel;(40) "property", in relation to a seafarer, includes personal effects;10(41) "reception facilities", in relation to a port, terminal ship yard, ship repair facility or ship recycling facility, means facilities for enabling vessels using the port, terminal ship yard, ship repair facility or ship recycling facility to discharge or deposit any substance subject to control by the pollution prevention conventions;15(42) "registrar" means the registrar referred to in section 15; (43) "registered owner" means the person or persons registered as the owner of the vessel;20(44) "removal" means any form of prevention, mitigation or elimination of the hazard created by a wreck, and the expressions "remove", "removed" and "removing" shall be construed accordingly;(45) "rule" means the rule made under this act; (46) "safety convention" means the international convention for the safety of life at sea, 1974 and its protocols;25(47) "sailing vessel" means any wooden vessel of primitive build provided with sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion, but does not include a pleasure craftexplanation— for the purposes of this clause "wooden vessel of primitive build" means a wooden vessel of traditionally built not primarily propelled;(48) "salvage" means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever;30(49) "salvage convention" means the international convention on salvage,1989;(50) "salvor" means any person rendering services in direct connection with salvage operation;35(51) "sea-going", in relation to a vessel, means a vessel proceeding or intendingto proceed beyond waters declared to be inland waters by the central government or state government by notification;(52) "seafarer" means any person who is employed or engaged or works in any capacity on board a sea-going vessel, but does not include,-40(i) a person who is in the employment or engagement or work on board inany capacity in a warship or any government vessel used for military or noncommercial purposes, or(ii) any other person as the central government may, by notification, specify;(53) "seafarer's employment office" means the seafarer's employment office established under sub-section (1) of section 11;(54) "seafarer's welfare officer" means the seafarer's welfare officer appointed under sub-section (1) of section 12;510(55) "seaworthy", in respect of a vessel, means, if she is in possession of all valid certificates required under this act and is in a fit state as to the material, construction, condition of hull and equipment, and machinery; management of safety, security and pollution prevention, the stowage of ballast or cargo, the number, and in every other respect, fit for the voyage or service including with the living and working conditions on board the vessel to not pose a threat to the health, safety or welfare of the vessel's seafarers;(56) "ship" means any watercraft, used or capable of being used in navigation by its own propulsion, in, above, or under the water, but does not include fishing vessels or sailing vessels;15(57) "ship owner" means the owner including the registered owner, bareboat charterer, manager and operator of the vessel;(58) "shipping master" means the shipping master appointed under section 10; provided that in relation to any seafarer for the purposes of section 89, means a shipping master referred to in that section,—20(a) for the port at which the seafarer entered into, or is believed to have entered into, an agreement, or(b) where the seafarer did not enter into his agreement in india, for the port to which the seafarer has returned, or is expected to return, on the completion of his latest voyage;25(59) "shipping office" means the shipping office established under section 10; (60) "special trade" means the conveyance of large number of passengers by sea within the areas specified in the stp agreement;explanation:—the expression "stp agreement" means the special trade passenger ship agreement, 1971 and protocol on space requirement for special trade passenger ships, 1973;30(61) "special trade passenger" means a passenger carried in special trade passenger vessel in spaces on the weather deck or upper deck or between decks which accommodate more than eight passengers;(62) "special trade passenger ship" means a mechanically propelled ship carrying more than thirty special trade passengers;35(63) "stcw convention" means the international convention on standards of training, certification and watchkeeping for seafarers, 1978;(64) "surveyor" means a person appointed under sub-section (1) of section 7;40(65) "tanker" means a vessel constructed or adapted primarily to carry liquid or gas in bulk in its cargo space and includes combination carriers and any other type of vessel when it is carrying a cargo or part cargo of liquid or gas in bulk;(66) "tindal" means the person in command or charge of a sailing vessel; (67) "tribunal" means the tribunal constituted under sub-section (1) of section 83;(68) "unseaworthy vessel" is a vessel which is not seaworthy;455(69) "vessel" includes every description of water craft used or capable of being used in the marine environment, such as ship, boat, sailing vessel, fishing vessel, submersible, semi-submersible, hydrofoils, non-displacement crafts, amphibious crafts, wing-in-ground crafts, pleasure crafts, barges, lighters, mobile offshore drilling units, mobile offshore units, or of any other description;(70) "wages" include emoluments; (71) "wreck" includes the following on a maritime casualty, namely:—(a) a sunken or stranded vessel; (b) any part of a sunken or stranded vessel, including any object or goods or cargo that is or has been on board such a vessel;10(c) any object or goods or cargo that is lost at sea from a vessel and that is stranded, sunken or adrift at sea;15(d) a vessel that is in distress or is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the vessel or any property in danger are not already being taken; or(e) a vessel abandoned without hope or intention of recovery part ii establishment of board and general administration chapter i 20 establishment of national shipping board and seafarers welfare board4 (1) the central government may, by notification, establish a national shipping board (hereinafter referred to as the shipping board) for the purposes of this actestablishment of national shipping board(2) the shipping board shall consist of the following members, namely:—25(a) six members of parliament of whom four shall be elected from amongst themselves by members of the house of the people and two from among themselves by the members of the council of states,(b) such number of other members, not exceeding sixteen as the central government may think fit to appoint to the shipping board, to represent,-30(i) the central government, (ii) ship-owners, (iii) seafarers, and (iv) such other interest as in the opinion of the central government oughtto be represented on the shipping board:35provided that the shipping board shall include an equal number of persons representing the ship owners and seafarers(3) the term of a member elected under clause (a) of sub-section (2) shall come to an end as soon as he ceases to be a member of the house from which he was elected40(4) the central government shall nominate one of the members of the shipping board to be the chairperson of the shipping board(5) the shipping board shall advise the central government,-(a) on matters relating to indian shipping including the development thereof;and(b) on such other matters arising out of this act as the central government may refer to it for advice (6) the shipping board shall have power to regulate its own procedure (7) the central government may make rules for all or any of the following matters, namely:—5(a) the term of office of members of the shipping board;(b) the manner of filling vacancies in the shipping board;(c) the travelling allowances and other allowances payable to the members of the shipping board;10(d) the manner of appointment of officers and other employees of the shipping board and the terms and conditions of their serviceconstitution of seafarer welfare board5 (1) the central government may, by notification, constitute a seafarers welfare board (hereinafter referred to as the welfare board) for the purposes of advising the central government on the measures to be taken for promoting the welfare of the seafarer under this act, generally and in particular the following matters, namely:—15(a) the establishment of hostels or boarding and lodging houses for seafarer; (b) the establishment of clubs, canteens, libraries and other like amenities for thebenefit of seafarer;(c) the establishment of hospital and provision of medical treatment for seafarer;20(d) the provision of educational and other facilities for seafarer; (e) the measures to be taken for welfare of distressed seafarer;(f) the measures to be taken in the case of seafarer who is a foreigner but abandoned in the waters within the jurisdiction of india;(g) any other measures to be taken for promoting the welfare of seafarer(2) the central government may make rules providing for,—25(a) the composition of the welfare board and the term of office of members thereof;(b) the procedure to be followed in the conduct of business by the welfare board;30(c) the travelling and other allowances payable to the members of the welfare board;(d) the rate of levy of fee payable by owners of vessels for the purposes of providing amenities to seafarer and for taking other measures for the welfare of the seafarer;35(e) the procedure by which any such fee may be collected or recovered and the manner in which the proceeds of such fees, after deduction of the cost of collection, shall be utilised for the purpose specified in clause (d) general administration40director- general of shipping6 (1) the central government may, by notification, appoint a person to be the director-general of shipping for the purposes of exercising or discharging the powers, authority or duties conferred on or imposed by or under this act(2) the central government may, by general or special order, direct that any power, authority or jurisdiction exercisable by it under or in relation to any such provisions of this act as may be specified in the order shall, subject to such conditions and restrictions as may be so specified, be exercisable also by the director-general or such other officer as may be specified in the order5(3) the director-general may, with the previous approval of the central government,by general or special order, direct that any power or authority conferred upon or delegated to, and any duty imposed upon him by or under this act may, subject to such conditions and restrictions as he may think fit to impose, be exercisable or dischargeable also by such officer or other authority as he may specify in this behalf(4) every officer appointed under this act shall discharge his functions under the general superintendence and control of the director- general10surveyor7 (1) the central government may, by notification, appoint at such port or place as it may consider necessary, as many persons as it may think fit to be surveyors for the purposes of this act15(2) without prejudice to the provisions of sub-section (1), in case of cargo vessel, the central government, may, by notification, authorise any person or body of persons, on such terms and conditions as may be specified therein, to be surveyor or surveyors for the purposes of this actexplanation— for the proposes of this sub-section, "cargo vessel" means a vessel which is not a passenger vessel20(3) the surveyor shall be nautical surveyor, ship surveyor, engineer and ship surveyoror junior ship surveyor and includes deputy nautical advisor, deputy chief surveyor, deputy chief ship surveyor, principal officer, chief ship surveyor, chief surveyor and nautical advisor25(4) at any port or place at which no surveyor appointed under this section is available, the central government may, by notification, appoint any qualified person to perform the functions of a surveyor under this actradio inspector8 the central government may, by notification, appoint, as many radio inspectors as it may consider necessary for the purpose of securing that the requirements of this act and the rules made thereunder relating to radio communication are complied with30mercantile marine department9 (1) the central government may establish and maintain at the ports of mumbai,kolkata, chennai, kochi, kandla and such other ports or places in india, as it may consider necessary, an office of the mercantile marine department for the administration of this actand the rules made thereunder35(2) the office of the mercantile marine departments at the ports of mumbai, kolkata,chennai, kochi, kandla and any other port or place as notified by the central government shall be in the charge of the principal officer, and the office at any other port or place shall be in the charge of such officer as the central government may appoint in this behalfshipping office4010 (1) the central government may, by notification, establish a shipping office atevery port in india in which it thinks it necessary so to do, and shall appoint thereto a shipping master and as many deputy shipping masters and assistant shipping masters as it may consider necessary45(2) the central government may direct that at any port at which no separate shippingoffice is established, the whole or any part of the business of the shipping office shall be conducted at the mercantile marine department, or at the office of the port officer or at such other office as the central government may specify, and thereupon the same shall be conducted accordingly50(3) all acts done by or before a deputy shipping master, an assistant shipping masterand the officer to whom any business of the shipping office is committed under sub-section (2) shall have the same effect as if done by or before a shipping master for the purposes of this actseafarer's employment office11 (1) the central government may, by notification, establish at every port in india in which it thinks it necessary so to do, a seafarer's employment office and shall appoint thereto a director and as many deputy directors and assistant directors as it may consider necessary(2) all acts done by or before a deputy director or assistant director shall have the same effect as if done by or before a director for the purposes of this act510(3) the central government may, by notification, direct that at any port at which no separate seafarer's employment office is established, the functions of the seafarer's employment office in that port shall be discharged by such person or body of persons as it may specify in the notification, and thereupon the office of the person or body of persons so specified shall be deemed to be the seafarer's employment office established at that port for the purposes of this actexplanation—for the removal of doubts, it is hereby clarified that, on and from the date of commencement of this act, all the existing seamen's employment offices shall be deemed to have been established as the seafarer employment offices under sub-section (1)of this section1512 (1) the central government may appoint seafarer's welfare officers at such ports in or outside india as it may consider necessaryseafarer's welfare officer(2) a seafarer's welfare officer appointed under sub-section (1) shall perform,—20(a) in the case of any such officer appointed at any port in india, such functions in relation to welfare of seafarers as may be assigned to him by the central government;(b) in the case of any such officer appointed at any port outside india, such functions in relation to welfare of seafarers and such functions of an indian consular officer under part v as may be assigned to him by the central government25(3) if any seafarer's welfare officer appointed at any port outside india performs any functions assigned to an indian consular officer under part v, such functions shall have the same effect as if they had been performed by an indian consular officer for the purposes of that partexplanation—for the removal of doubts, it is hereby clarified that, on and from the date of commencement of this act, all the seamen's employment officers shall be deemed to have been appointed as seafarer's welfare officers under sub-section (1) of this section30 part iii registration of vessels13 this part shall apply to sea-going vesselsapplication of part chapter i registration of indian vessels35obligation to register14 (1) every indian vessel, shall be registered under this part at a port or place inindia, as the central government may, by notification, declare to be a port of registry under this act:19 of 183840provided that the vessels registered under the provisions of the coasting vesselsact, 1838 shall be re-registered under the provisions of this part within a period of one year from the date of coming into force of this part:19 of 1838provided further that any vessel registered on the commencement of this act at anyport in india under any enactment repealed by this act, except the vessels registered under the coasting vessel act, 1838, shall be deemed to have been registered under this part and shall be recognised as an indian vessel:45provided also that, subject to any exemptions or modifications, as the case may be,made by the central government, all vessels belonging to the government, other than vesselsof the indian navy, indian coast guard, customs authorities, central paramilitary forces, coastal police and other police agencies, shall be registered under this act(2) nothwithstanding anything contained in sub-section (1), an indian vessel, may be, subject to such conditions as may be prescribed, registered in a country other than india5(3) no vessel shall be an indian vessel or an indian controlled tonnage vessel unlesssuch vessel is substantially owned by any of the following persons, namely,—(a) a citizen of india; or (b) a company or a body established by or under any central act or state actwhich has its principal place of business in india; or102 of 1912(c) a co-operative society registered or deemed to be registered under theco-operative societies act, 1912 or any other law relating to a co-operative society for the time being in force in any stateexplanation—for the purposes of this sub-section, "substantially owned" means having more than fifty per cent of the shares of the ownership of the vessel15(4) if an indian vessel is proceeding to sea without its valid certificate of registry, suchindian vessel shall be detained until it produces its valid certificate of registry to the proper officerregistrar of indian vessels2015 (1) at any port, the principal officer of the mercantile marine department, shall be the registrar of indian vessels at that port, and at any other place in india such authority as the central government may, by notification, appoint, shall be the registrar of indian vessels at that place(2) every registrar shall keep a register book and entries in that book be made, and maintain the records of vessels registered under the provisions of this act, in such manner as may be prescribed25application for registry16 an application for the registry of an indian vessel shall be made to the registrar insuch form and manner as may be prescribed17 (1) the owner of every indian vessel in respect of which an application for registry is made shall cause such vessel to be marked, surveyed and measured by a surveyor and the tonnage of the vessel ascertained before registry in such manner as may be prescribed30marking, survey and measurement of vessels before registry(2) the surveyor shall grant a certificate specifying the tonnage, build and such otherparticulars descriptive of the identity of the vessel as may be prescribed and the certificate of the surveyor shall be delivered to the registrar before registry3518 (1) where it appears to the registrar that there is any doubt as to the title of any indian vessel to be registered as an indian vessel, he may require evidence to be given to his satisfaction that the vessel is entitled to be registered as an indian vesselpower of registrar to inquire into title of indian vessel to be so registered(2) if no evidence is given to the satisfaction of the registrar that the vessel is entitled to be registered as an indian vessel under sub-section (1), the vessel shall be liable to forfeiture40grant of certificate of registry19 (1) on completion of the registry of an indian vessel, the registrar shall grant a certificate of registry containing the particulars respecting her as entered in the register book(2) a tonnage certificate shall be issued to every vessel, the gross tonnage and net tonnage of which have been determined in accordance with the provisions of this act45(3) in the event of the certificate of registry of an indian vessel being defaced or mutilated, the registrar of her port of registry may, on the delivery to him of that certificate or on submission of a declaration by the owner to the effect that certificate has been lost or destroyed, grant a new certificate in lieu of her original certificateexplanation—for the purposes of this section "net tonnage" means the measure of the useful capacity of a vessel determined in accordance with the rules made in this behalfcustody and use of certificate520 (1) the certificate of registry shall be used only for the lawful navigation of thevessel, and shall at all times remain in the custody of the person in charge of the vessel, and shall not be subject to detention by reason of any title, lien, charge or interest whatever, had or claimed by any owner, mortgagee or other person to, on or in the vessel10(2) no person, whether interested in a vessel or not who has in his possession, orunder his control the certificate of registry of a vessel, shall refuse or omit without reasonable cause to deliver such certificate on demand to the person entitled to the custody thereof for the purposes of the lawful navigation of the vessel, or to any registrar or other person entitled by law to require such delivery(3) if the master or owner of an indian vessel uses or attempts to use for her navigationa certificate of registry not legally granted in respect of the vessel, he shall be guilty of an offence under this sub-section and the vessel shall be liable to forfeiture15endorsement on certificate of change of ownership21 whenever a change occurs in the registered ownership of an indian vessel, theowner of the indian vessel shall, for the purpose of endorsement of change of ownership, deliver the certificate of registry to the registrar who shall make an endorsement for that purpose in such manner as may be prescribed20delivery of certificate of vessel lost or ceasing to be an indian vessel2522 in the event of a registered vessel being either actually or constructively lost,taken by the enemy, burnt or broken up or ceasing for any reason to be an indian vessel, or is to be registered under any other law for the time being in force at the relevant time, every owner of such vessel shall immediately on obtaining knowledge of the event, if no notice thereof has already been given to the registrar, give notice thereof to the registrar at her port of registry and that registrar shall make an entry thereof in the register book and its registry in that book shall be considered as closed except so far as relates to any unsatisfied mortgages entered therein23 (1) if at any port or place a vessel becomes entitled to be registered as an indianvessel,—provisional registration of indian vessel(a) the registrar; or (b) indian consular officer; or30(c) a person authorised by the central government, may issue a provisional certificate of registry for a period not exceeding six months in accordance with such procedure as may be prescribed and such provisional certificate of registry shall have the effect of a certificate of registry:35provided that the registrar may extend the validity of the provisional registry for a further period not exceeding three months(2) the provisional certificate issued under sub-section (1) shall be delivered to the registrar for cancellation where a vessel has been permanently registered40(3) where a vessel has been provisionally registered and its registry is not completed within the period specified in sub-section (1), the provisional registry of the vessel shall be deemed to be closed (except in relation to any unsatisfied mortgages entered therein), and the registrar shall make an entry thereof in the registertransfer of indian vessel or shares4524 (1) no person shall transfer or acquire any indian vessel or any share or interest therein at any time during which the security of india or any part of the territory thereof is threatened by war or external aggression, and a proclamation of emergency issued under clause (1) of article 352 of the constitution is in operation without the previous approval of the central government and any transaction effected in contravention of this provision, shall be void and unenforceable(2) the central government may, if it considers necessary or expedient so to do for the purpose of conserving the tonnage of indian shipping, by order, refuse to give its approval to any such transfer or acquisition(3) no transfer or acquisition of any indian vessel shall be valid unless,—5(a) all mortgage entered in its register, are satisfied or, the mortgagee and thenew owner have given their consent in writing for the transfer of vessel;(b) all wages and other amounts due to seafarer in connection with theiremployment on that vessel have been paid in accordance with the provisions of this act;10(c) any subsisting entry has been made of any court order prohibiting transferor any dealing with that vessel;(d) any unpaid statutory fees that may be levied on the vessel and has beeninformed in writing to the registrar15(4) subject to the other provisions contained in this section, an indian vessel or a share therein shall be transferred only by an instrument in writing(5) the instrument shall contain such description of the indian vessel as is contained in the surveyor's certificate or some other description sufficient to identify the vessel to the satisfaction of the registrar and shall be in such form as may be prescribed and shall be executed by the transferor in the presence of and be attested by at least two witnesses20registry of transfer2525 (1) every instrument for the transfer of an indian vessel or of a share therein when duly executed shall be produced to the registrar of her port of registry, and the registrar shall thereupon enter in the register book the name of the transferee as owner of the vessel or share, as the case may be, and shall endorse on the instrument the fact of that entry having been made with the day and hour thereof(2) every such instrument shall be entered in the register book in the order of its production to the registrar3026 (1) where the property in an indian vessel or share therein is transmitted to a person on the death or insolvency of any registered owner, or by any lawful means other than by a transfer under this act,-transmission of property in indian vessel on death, insolvency, etc(a) that person shall authenticate the transmission by making and signing a declaration in such form as may be prescribed (in this act referred to as a declaration of transmission) identifying the vessel and also a statement of the manner in which and the person to whom the property has been transmitted;35(b) if the transmission is consequent on insolvency, the declaration oftransmission shall be accompanied by proper proof of such claim;39 of 1925(c) if the transmission is consequent on death, the declaration of transmissionshall be accompanied by a succession certificate, probate or letters of administration, as the case may be, under the indian succession act, 1925 or a duly certified copy thereof40 45(2) the registrar, on receipt of the declaration of transmission so accompanied, shall enter in the register book the name of the person entitled under the transmission as owner of the vessel or share therein which has been transmitted, and, where there are more persons than one, shall enter the names of all those persons, but those persons however numerous shall, for the purpose of the provisions of this act with respect to the number of persons claiming to be registered as owners, be considered as one person:provided that nothing in this sub-section shall require the registrar to make an entry in the register book under this section, if he is of opinion that by reason of the transmission the vessel has ceased to be an indian vessel5order for sale where vessel has ceased to be an indian vessel27 (1) where by reason of the transmission of any property in a vessel or a sharetherein on death, insolvency or otherwise, a vessel ceases to be an indian vessel, the registrar of the port of registry shall submit a report to the central government setting out the circumstances in which the vessel has ceased to be an indian vessel10(2) the central government may, within a period of thirty days from the date of receipt of report, under sub-section (1), make an application to the high court for a direction for the sale to any citizen of india or any company or body or co-operative society:provided that an application may be admitted after the expiry of the period of thirty days if the central government satisfies the high court that it had sufficient cause for not making the application within the said period15(3) the high court may require any evidence in support of the application as it thinks requisite and may make such order thereon and on such terms and conditions as it thinks just or may reject the application in case it finds that the vessel has not ceased to be an indian vessel, and in case the vessel or the share is ordered to be sold, it shall direct that the proceeds of the sale after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise20transfer of vessel on sale by order of court2528 where any court, whether under section 27 or otherwise, orders the sale of any vessel or share therein, the order of the court shall contain a declaration vesting in some person named by the court the right to transfer that vessel or share, and that person shall thereupon be entitled to transfer the vessel or share in the same manner and to the same extent as if he were the registered owner thereof, and every registrar shall obey the requisition of the person so named in respect of any such transfer to the same extent as if such person were the registered ownermortgage of vessel or share3029 (1) a registered vessel or a share therein may be made a security for a loan or othervaluable consideration, and the instrument creating the security (in this act called a mortgage) shall be in such form as may be prescribed, and on the production of such instrument, the registrar shall record it in the register book(2) except in so far as may be necessary for making a mortgaged vessel or shareavailable as a security for the mortgage debt, the mortgagee shall not, by reason of his mortgage, be deemed to be the owner of the vessel or share, nor shall the mortgagor be deemed to have ceased to be owner thereof35 40(3) where a registered mortgage is discharged, the registrar shall, on the productionof the mortgage deed with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the register book to the effect that the mortgage has been discharged, and on that entry being made the estate, if any, which passed to the mortgagee shall vest in the person in whom (having regard to intervening acts and circumstances, if any) it would have vested, if the mortgage had not been made(4) if there are more mortgages than one recorded in respect of the same vessel orshare, the mortgagees shall, notwithstanding any express, implied or constructive notice, have priority according to the date and time on which each mortgage is recorded in the register book and not according to the date of each mortgage itself45rights of mortgagee30 (1) where there is only one registered mortgagee of a vessel or share, he shall beentitled to recover the amount due under the mortgage by selling the mortgaged vessel or share without approaching the high court:provided that nothing contained in this sub-section shall prevent the mortgagee from recovering the amount so due in the high court as provided in sub-section (2)(2) where there are two or more registered mortgagees of a vessel or share they shall be entitled to recover the amount due under the mortgage in the high court5(3) every registered mortgagee of a vessel or share who intends to recover the amountdue under the mortgage by selling the mortgaged vessel or share under sub-section (1) shall give an advance notice of fifteen days relating to such sale to the registrar of the vessel's port of registry10(4) the notice under sub-section (3) shall be accompanied with the proof of paymentof the wagesmortgage notaffected byinsolvency1531 a registered mortgage of a vessel or share shall not be affected by any act ofinsolvency committed by the mortgagor after the date of the record of such mortgage, notwithstanding that the mortgagor, at the commencement of his insolvency, had the vessel or share in his possession, order or disposition, or was the reputed owner thereof, and the mortgage shall be preferred to any right, claim or interest therein of the other creditors of the insolvent or any trustee or assignee on their behalftransfer ofmortgages2032 (1) a registered mortgage of a vessel or share may be transferred to any personand the instrument effecting the transfer shall be in such form as may be prescribed or as near thereto as circumstances permit, and on the production of such instrument, the registrar shall record it by entering in the register book the name of the transferee as mortgagee of the vessel or share and shall, by memorandum under his hand, notify on the instrument of transfer that it has been recorded by him stating the day and hour of the record(2)the person to whom any such mortgage has been transferred shall enjoy the sameright of preference as was enjoyed by the transferor25transmission of interest in mortgage in certain circumstances3033 (1) where the interest of a mortgagee in a vessel or share is transmitted on death,or insolvency, or by any lawful means other than by a transfer under this act, the transmission shall be authenticated by a declaration of the person to whom the interest is transmitted containing a statement of the manner in which and the person to whom the property has been transmitted, and shall be accompanied by the like evidence as is by this act required in case of a corresponding transmission of the ownership of a vessel or share(2) the registrar, on receipt of the declaration and the production of the evidence referred to in sub-section (1), shall enter the name of the person entitled under the transmission in the register book as mortgagee of the vessel or share3534 every indian vessel shall be described by such name, call sign and official number in such manner as may be prescribeddescription of name, call sign and an official number ofindian vesselregistry ofalterations4035 when a registered vessel is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book, then, if the alteration is made at any port having a registrar, that registrar, or if it is made elsewhere, the registrar of the first port having a registrar at which the vessel arrives after the alteration, shall, on an application being made to him by the owner stating the particulars of the alteration, either cause the alteration to be registered or direct that the vessel be registered anew4536 where any registrar, not being the registrar of the vessel's port of registry, on an application as to an alteration in a vessel directs the vessel to be registered anew, he shall either grant a provisional certificate describing the vessel as altered, or provisionally endorse the particulars of the alteration on the existing certificateprovisional certificate and endorsement where vessel is to be registered anewregistry anew on change of ownership37 subject to the other provisions contained in this act, where the ownership of anyindian vessel is changed, the registrar of the port at which the vessel is registered may, on the application of the owner of the vessel, register the vessel anew in such manner as may be prescribed, although registry anew is not required under this act5transfer ofregistry38 the registry of any vessel may be transferred from one port of registry to anotheron an application to the registrar of the existing port of registry of the vessel made by declaration in writing of all persons appearing in the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them and those rights shall in all respects continue in the same manner as if no such transfer had been effected10restrictions on re-registryof abandonedvessel39 where a vessel has ceased to be registered as an indian vessel by reason ofhaving been wrecked or abandoned, or for any reason other than capture by the enemy, the vessel shall not be re-registered until she has, at the expense of the applicant for the registry, been surveyed by a surveyor and certified by him to be seaworthy15national colours for indian vessels40 (1) the central government may, by notification, declare the proper nationalcolours for all indian vessels and for all vessels owned by the government and different colours may be declared for different classes of vessels(2) vessels registered under this part shall hoist the proper national colours,—20(a) on a signal being made to her by any vessel of the indian navy or indian coast guard;(b) on entering or leaving any port25(3) any commissioned officer of the indian navy, any officer of the indian coast guard, a surveyor or any indian consular officer, as the case may be, may board any vessel on which any colours are hoisted contrary to this act and seize and take away the colours which shall be forfeited to the government(4) no person on board a vessel which is not an indian vessel shall, for the purpose of making it appear to be an indian vessel, use the indian national colours, unless the assumption of indian character has been made for the purpose of escaping capture by the enemy or by a foreign vessel of war in the exercise of some belligerent right30concealment of indian, or assumption of foreign, character41 no owner or master of an indian vessel shall knowingly do anything or permitanything to be done, or carry or permit to be carried any papers or documents, with intent toconceal the indian character of the vessel from any person entitled by any law for the time being in force to inquire into the same, or with intent to assume a foreign character for the vessel, or with intent to deceive any person so entitled35liabilities of vessel notrecognized as indian vessel42 where it is declared by this act that an indian vessel shall not be recognised assuch, that vessel shall not be entitled to any privileges, benefits, advantages or protection usually enjoyed by indian vessel or to use the indian national colours for indian vessel or to assume the indian national character:40provided that for the payment of dues the liability to fine and forfeiture and thepunishment of offences committed on board such vessel, or by any person belonging to her, such vessel shall be dealt with in the same manner in all respects as if she were a recognised indian vessel45proceedings on forfeiture of vessel4543 where any vessel has either wholly or as to any share therein become subject toforfeiture under this part, any commissioned officer of the indian navy, indian coast guard, any indian consular officer or any other officer authorised by the central government, may seize and detain the vessel, and bring her for adjudication before the high court, and the high court may thereupon adjudge the vessel with her equipment to be forfeited to the government, and make such order in the case as to the high court seems just and may award to the officer bringing in the vessel for adjudication such portion of the proceeds of the sale of the vessel or any share therein as the high court thinks fit| liability | of ||---------------------------------------------------------------------------------------------------|------|| owners | || 5 | || 44 | || where any person is beneficially interested otherwise than by way of mortgage in | || any vessel or share in a vessel registered in the name of some other person as owner, the | || person so interested shall, as well as the registered owner, be subject to all the pecuniary | || penalties imposed by this or any other act on the owners of vessel or shares therein, without | || prejudice that proceedings for the enforcement of any such penalties may be taken against | || both or either of the said parties jointly or severally | || 45 | || | || (1) | || a person may on application to the registrar and on payment of such fees as | || may be prescribed, inspect any register book, and may obtain a certified copy of any entry in | || the register book | || 10 | || evidence of | || register book, | || certificate of | || registry and | || other | || documents | || (2) | || a certified copy of an entry in a register book shall be admissible in evidence in any | || court and have the same effect to all intents as the original entry in the register book of which | || it is a copy | || closure | of || registry | |46 (1) the owner of an indian vessel may make an application to the registrar to close its registry provided that, if there is no,—15(a) unsatisfied mortgage entered in its register; or(b) outstanding claims of the master or seafarer of the vessel in respect of wageswhich have been intimated20(2) the owner of an indian vessel shall, for the purposes of sub-section (1), specify the name of the vessel, the intended port and country of registry (if applicable) or otherwise the reason for the closure in the application and shall be submitted to the registrar along with the certificate of registry of the vessel(3) on receipt of the application under sub-section (1) and the certificate of registry under sub-section (2), the registrar shall, if he is satisfied, by an order, close the registry of the vessel and make an entry thereof in the register25explanation—for the purposes of this section, "owner" includes any transferee of, or any person entitled under a transmission to the property in, an indian vessel chapter ii registration of vessels on bareboat charter-cum-demise by indian chartererapplication of this chapter3047 this chapter shall apply to any vessel registered under the law of any country other than india and chartered by an indian charterer on bareboat charter-cum-demise contractdefinitions48 in this chapter unless the context otherwise requires,—(a) "bareboat charter-cum-demise contract" means a written contract for chartering a vessel on bareboat charter-cum-demise;35(b) "charter period" means the period during which the vessel is chartered on bareboat charter-cum-demise contract;(c) "indian charterer" means a person referred to in clause (a) or clause (b) or clause (c) of sub-section (3) of section 14 who has chartered a vessel on bareboat charter-cum- demise contract4049 (1) the vessel chartered on bareboat charter-cum -demise by an indian charterer may be registered under this chapter(2) the procedure for registration of the vessel chartered on bareboat charter-cumdemise shall be such as may be prescribedregistration of vessel chartered on bareboat charter-cumdemise(3) the bareboat charter-cum-demise contract shall include the following provisions, namely:—45(a) the period for hiring the vessel chartered on bareboat charter-cum-demise shall be for not less than three years;(b) the possession and control of the vessel chartered on bareboat charter-cumdemise, including the right to appoint its master and other seafarers, shall vest with the indian charterer; and(c) the ownership of the vessel chartered on bareboat charter-cum-demise, after the charter period shall stand transferred to the indian charterer5(4)the registration of a vessel chartered on bareboat charter-cum-demise shall remain in force till the end of the charter period:provided that if any provision of this act is violated, the registration of such vessel may be closed before the chartered period10(5) the registrar shall, after registration or closure of registration of a vessel chartered on bareboat charter-cum-demise contract, send the information of such registration or closure, as the case may be, to the authority of registration of the country where such vessel is registered(6) the vessel chartered on bareboat charter-cum -demise registered under this chapter shall be an indian vessel entitled to fly the indian flag15(7) if the bareboat charter-cum-demise contract is terminated before the charter period due to breach of the agreement or any other reason, the indian charterer shall inform the registrar and, on receipt of such information, the registrar shall close the registry and forward the information to the authority of registration of the country where such vessel is registered20(8) notwithstanding anything contained in this act, the provisions relating to the owner of an indian vessel under this act shall, subject to such modification as the central government may consider necessary, apply to the indian charterer for the vessels registered under this chapter50 (1) the central government may make rules to carry out the purposes of this part25(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—| power | to ||-----------------|------|| make rules in | || respect | of || matters in this | || part | |(a) the conditions for registration of an indian vessel, under sub-section (2) of section 14;30(b) the manner of keeping the register book and making entries therein and maintenance of the records of vessels registered under this act under sub-section (2) of section 15;(c) the form and manner of making application for registry of an indian vessel under section 16;35(d) the manner of marking, survey, measurement and ascertainment of tonnage of an indian vessel under sub-section (1) of section 17;(e) the other particulars descriptive of the identity of vessel under sub-section (2) of section 17;(f) the manner of making endorsement under section 21;40(g) the procedure for issuing a provisional certificate of registry under sub-section (1) of section 23;(h) the form of instrument for description of vessel under sub-section (5) of section 24;45(i) the form for making and signing a declaration under clause (a) of sub-section (1) of section 26;(j) the form of mortgage under sub-section (1) of section 29;(k) the form of instrument effecting the transfer under sub-section (1) of section 32;(l) the manner of description of the name, call sign and official number of indianvessel under section 34;5(m) the manner of registration of vessel anew under section 37; (n) the fee for inspection of register book and a certified copy of any entry of theregister book under sub-section (1) of section 45;(o) the procedure for registration of vessel chartered on bareboat charter -cumdemise under sub-section (2) of section 49;10(p) any other matter which is required to be or may be prescribed part iv certificate of competency and certificate of proficiency51 (1) every indian vessel shall be provided the seafarers with such manning scale as may be prescribedcertificates to be held by seafarers15(2) the seafarer shall hold such certificate of a grade appropriate to his station in the vessel or of a higher grade as may be prescribed:provided that in relation to different categories of vessel, areas and types of operations there shall be provided such different manning scales as may be prescribed:20provided further that subject to such conditions and restrictions as may be prescribed,the indian national with foreign certificates of competency or foreign national with certificate of competency issued under this act or foreign certificate of competency, may serve on indian vessels(3) every vessel, whether at sea or in any port or place, shall be manned by such number of persons with such qualifications as may be prescribed25certificate of c o m p e t e n c y and certificate of proficiency52 (1) the central government shall, subject to the provisions of stcw convention, grant a certificate of competency or certificate of proficiency, as the case may be, for such different grades of seafarers with such requirements and such procedures as may be prescribed30(2) no certificate of competency or certificate of proficiency shall be granted, under sub-section (1) unless the seafarer fulfils the requirements in respect of service, age limit, medical fitness, training, qualifications and examination in accordance with the stcw convention35(3) notwithstanding anything contained in sub-sections (1) and (2), the central government may grant such other certificate of competency or certificate of proficiency with such requirements and procedures as may be prescribed(4) a certificate of competency or certificate of proficiency, as the case may be, granted under sub- sections (1), (2) and (3) shall be in such form and on payment of such fee and valid for such period as may be prescribed, and record of such certificate shall be kept in such manner as may be prescribed4053 (1) the director-general shall administer, supervise and monitor all activities relatingto training and assessment for grant of certificate of competency or certificate of proficiencytraining for grant ofcertificate of competency and certificate of proficiency(2) the director-general shall approve the training institute, training courses and method of conduct of such training course for grant of certificate of competency or certificate of proficiency under section 52:45provided that no certificate of competency or certificate of proficiency shall be granted,unless the training required for such certificate has been imparted in accordance with the provisions of this section(3) the director-general may, for the purposes of this part authorise any person to inspect any maritime training institute and the person so authorised in this behalf shall submit the report to the director-general5(4) the director-general may, after receipt of the inspection report under sub-section (3), if he is satisfied that the maritime training institute has contravened any provisions of this part, after giving an opportunity of being heard, suspend or withdraw the approval granted to such maritime training institutes under sub-section (2)54 (1) the central government shall appoint a person for the purposes of examining the qualifications of persons desirous of obtaining certificates under section 52examinations for grant of certificates10(2) the manner of conducting examination for certificate of competency or certificate of proficiency, the fee to be charged and the payment to be made to the examiners appointed under sub-section (1) shall be such as may be prescribed15(3) the central government shall grant a certificate of competency or certificate of proficiency, as the case may be, to every applicant, who is duly reported by the examiners appointed under sub-section (1) to have passed the examination satisfactorily and to have given satisfactory evidence of his sobriety, experience and ability and general good conduct on board vessel:20provided that the central government may, if it has reason to believe that the report has been unduly made, before granting a certificate, require a re-examination of the applicant including the inquiry into the applicant's testimonials and character25(4) if it appears to the central government that a person holding a certificate granted under sub-section (1) or sub-section (3) of section 52 has obtained it on the basis of false or erroneous information, or is guilty of misconduct or on receipt by the central government of any report of incompetency, or any act of omission or commission or compromise to safety, security or prevention of pollution by the person holding a certificate which may pose a threat to life or property or environment, it may, after due investigation, by order, withdraw, suspend or cancel such certificate:provided that no order shall be passed under this sub-section without giving the person holding the certificate an opportunity of being heard30(5) a note of all orders made under sub-section (4) affecting any certificate of competency or certificate of proficiency, in pursuance of the powers contained in this act, shall be entered on the copy of the certificate kept under section 5235(6) whenever a person holding a certificate granted under this act proves to the satisfaction of the issuing authority that he has, lost or been deprived of such certificate, the issuing authority shall, on payment of such fee as may be prescribed, shall grant a copy of the certificate and such copy shall have all the effect of the originalproduction of certificate of competency55 (1) the master of every vessel shall, on demand, produce to the proper officer thecertificates of competency of the seafarers of the vessel along with a list of crew with the particulars of grades of certificates of master, mates, engineers and ratings40(2) a surveyor may, at any reasonable time, go on board a vessel to which any of theprovisions of this part applies for the purpose of ensuring that the seafarers holding certificates issued in accordance with the stcw convention are actually appointed and are present, and satisfy himself about the adequacy of such seafarers for the watch-keeping duties in ports and at sea4556 (1) where in a country other than india, the certificate of competency is grantedunder any law for the time being in force in that country which is similar to those referred to in this act, then if the central government is satisfied that,—recognition of certificates of competency granted in other countries50(a) the conditions under which any certificate of competency is granted in thatcountry meets the standards of competency not lower than those required for the grant under this act for corresponding certificates; and(b) the certificate granted under this act is accepted in that country in lieu of the corresponding certificate granted under the laws of that country,5the central government may, by notification, declare that any certificate of competency granted under the law in force in that country shall be recognised as equivalent to the corresponding certificate of competency granted under this act(2) the certificate recognised under sub-section (1) as equivalent may be issued with a certificate of endorsement as may be prescribed(3) a person holding a certificate of endorsement under sub-section (2) shall be considered as duly certificated under this act1057 (1) every master of a foreign vessel shall, before proceeding to sea from any port or place in india, ensure that the vessel has the requisite numbers of seafarer of appropriate grades as specified in the safety convention and stcw conventionforeign vessel not to sailwithoutcertificated seafarers15(2) a surveyor or any person authorised in this behalf by the central government may, at any reasonable time, go on board a vessel for the purpose of ensuring that the seafarers holding certificates issued in accordance with the safety convention and stcw convention are actually appointed and are present, and satisfy himself about the adequacy of such seafarers for the watch keeping duties in ports and at sea20(3) if any report made under sub-section (2) by a surveyor or any person authorised in this behalf by the central government, reveals any deficiency in a foreign vessel in relation to the requirements of the safety convention and stcw convention and the central government is satisfied that it shall be unsafe for such vessel to proceed to sea, that vessel may be detained by the proper officer till such requirements are fulfilled2558 at any time during which the security of india is threatened or during a proclamation of emergency issued under clause (1) of article 352 of the constitution, every indian citizen holding an indian certificate of competency, certificate of proficiency or certificate of recognition granted under this act shall be liable to serve on indian vessel for such period on such terms and conditions as the central government may, by general or special order, specifyobligations of certain certificate holders to serve the government or in indian vessels59 (1) the central government may make rules to carry out the provisions of this partpower to make rules30(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 manning scales of the seafarers under sub-section (1) of section 51; (b) the certificate of grade appropriate under sub-section (2) of section 51;35(c) the different manning scales in relation to different categories of vessel,areas and types of operations under proviso to sub-section (2) of section 51;(d) the conditions and restrictions under the second proviso to sub-section (2)of section 51;(e) the number of persons to be manned and their qualifications under subsection (3) of section 51;40(f) the requirement and procedure for grant of certificate of competency orcertificate of proficiency to the different grades of seafarer under sub-section (1) ofsection 52;(g) the requirement and procedure for grant of certificate of competency orcertificate of proficiency under sub-section (3) of section 52;45(h) the form of certificate, fees and the valid period of such certificate and the manner in which the copies of certificate to be kept and recorded under sub-section (4) of section 52;(i) the manner of conducting examination for certificate of competency or certificate of proficiency, the fee to be charged and the payment to be made to the examiners under sub-section (2) of section 54;( j) the fee for grant of certificate if lost or deprived, under sub-section (6) of section 54;5(k) the endorsement under sub- section (2) of section 56;(l) any other matter which is required to be or may be prescribed part v seafarers60 save as otherwise provided, this part shall apply to,—10application of this part(a) every seafarer; (b) recruitment and placement service; (c) ship ownersdefinitions61 in this part, unless the context otherwise requires,—15(a) "maritime labour certificate" means a certificate issued by the central government or any officer, authority or organisation authorised by it in this behalf, in accordance with the provisions of the maritime labour convention;(b) "recruitment and placement service" means any person, company, institution, agency or other organisation, in public or private sector which is engaged in recruiting seafarers on behalf of employers or placing seafarers with the employers2062 (1) the central government may make rules for the classification of seafarers into different categories, the minimum manning scale of seafarers of such categories, and the different scales for different classes of ships25classification of seafarer, maritime labour standards and prescription of minimum scale(2) notwithstanding anything contained in any other law for the time being in force, the provisions of this act shall apply to the seafarer employed or engaged as a member of the crew of a ship63 (1) the provisions relating to maritime labour standards as contained in the maritime labour convention, shall apply to all seafarers and ships registered under this act, but does not include,—30application of maritime labour standards to seafarers and ships(a) ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where any law for the time being in force relating to ports apply;(b) ships engaged in fishing activities; (c) traditionally built ships such as dhows and junks;35(d) ships of war or naval auxiliaries(2) subject to the provisions of sub-section (1), the central government may, on the recommendation of the director-general, by order, extend the provisions of the said sub-section to any category of ship with such exceptions and modifications as it may consider necessary40(3) every indian ship referred to in sub-section (1), wherever it is, and every ship other than an indian ship while within the jurisdiction of india shall, subject to such conditions as may be prescribed, be in possession of a certificate issued in accordance with the provisions of the maritime labour convention(4) no ship shall proceed to sea unless it is in possession of certificate issued under sub-section (3)4564 it shall be the duty of shipping masters,—duties of shipping master(a) to monitor the engagement and discharge of seafarer in the manner providedunder this act;(b) to issue such continuous discharge certificate and seafarer's identitydocument as may be prescribed;5(c) to hear and decide disputes between a master, owner or agent of ship andany of the crew of the ship including those under section 77;10(d) to transmit the complaint of any dispute of a foreign seafarer of a ship,registered in a country other than india, in indian territorial waters, with the master, owner or agent to the competent authority of the country of registration and to forward a copy of such complaint to the director-general of international labour organisation;(e) to perform such other duties relating to seafarers and merchant ships underthis act as the central government may, by general or special order, specify65 it shall be the business of the seafarer's employment office,—15business of seafarer's employment office(a) to issue licence, to regulate and control the recruitment and placement serviceand to—(i) ensure that no fees or other charges for recruitment and placement ofseafarers are borne directly or indirectly or in whole or in part, by the seafarers;20(ii) ensure that adequate machinery and procedures exists for theinvestigation, if necessary, of complaints concerning the activities of recruitment and placement services;(b) to perform such other functions and duties as may be prescribed66 (1) the seafarer shall be engaged only by,—| supply ||----------------|| recruitment or || engagement of || seafarer |25(a) recruitment and placement service possessing the licence issued under theprovisions of section 65; or(b) owners in the case of indian vessel for the vessel owned by them(2) no person, other than an owner of indian vessel in respect of the vessel owned by him, shall carry on the business of recruitment and placement service unless he is in possession of a valid licence issued under section 6530(3) no person shall engage any seafarer under this act in any ship, unless the seafarer is in possession of a continuous discharge certificate and seafarer's identity documents issued under sub-section (4) except as otherwise exempted35(4) the continuous discharge certificate and seafarer's identity document referred to in sub-section (3) shall be issued in such form and manner and on payment of such fees as may be prescribed(5) no person under the age of sixteen years shall be engaged or carried to sea to work in any capacity in any ship40(6) the central government may, by order, direct that the seafarers generally or any category of seafarers in particular shall not be engaged or carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one of them possesses such qualifications as may be prescribed45(7) except as otherwise provided under the rules made under sub-section (6), no person shall engage or carry to sea any seafarer to work in any capacity in any ship or in any class of ships specified in this behalf by the central government, unless the seafarer is in possession of a certificate to the effect that he is medically fit to be employed in that capacity granted in such form by such authority as may be prescribed(8) any person who claims to represent the interests of seafarers shall not demand or receive, either directly or indirectly, from any seafarer or person seeking employment as seafarer or any person on his behalf, any remuneration or donation or fees or compulsory subscription of any kind attributable from such seafarer or person's employment as seafarer, other than the fees authorised by this act5(9) there shall be no discrimination between seafarers,—(a) on the ground of their membership in any particular union claiming to represent the interests of seafarers and membership in such union shall not be a pre- condition,10(b) on the basis of training institute from where they obtained training or place of issue of their continuous discharge certificates, for their recruitment and engagement on board any ship(10) the central government or any officer authorised by it in this behalf, if satisfied that in the national interest or in the interest of seafarer it is necessary so to do, may, by order in writing, prohibit the master or owner or his agent of any ship other than an indian ship specified in the order from engaging any person to serve as a seafarer on such ship15(11) the central government may, by notification, fix the fees which shall be payable upon all engagements and discharges of the seafarer(12) the services of the seafarer engaged in contravention of sub-section (1) shall not be recognised for the purposes of certification under part iv20agreements with seafarers67 (1) the master of an indian ship, or owner of every indian ship or his agent shall enter into an articles of agreement in such form and manner as may be prescribed with every seafarer whom he engages and shall submit a copy thereof to the shipping master25(2) notwithstanding anything contained in any other provisions of this act, the master of an indian ship registered at a port outside india, or owner of such ship or his agent who has an agreement with the seafarer made in due form according to the law of that port or of the port in which her seafarer were engaged, may engage in any port in india—30(a) a seafarer who is not a citizen of india and who holds a continuous discharge certificate or any other similar document of identity issued by the competent authority of the country in which the ship is registered or, as the case may be, of the country in which the said agreement was made, or(b) a seafarer who is a citizen of india and who holds a continuous discharge certificate issued under this act, and any seafarer so engaged under clause (a) or clause (b) may sign the agreement aforesaid and it shall not be necessary for him to sign an agreement under this act(3) a seafarer's right,—35(a) to wages and provisions shall be taken to begin either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board whichever first happens;40(b) of wages shall not depend on the earning of the freight and seafarers are entitled to demand and recover the same notwithstanding that freight has not been earned45(4) a seafarer shall not by any agreement forfeit his lien on the ship or be deprived of any remedy for the recovery of his wages to which, in the absence of the agreement, he shall be entitled, and shall not by any agreement abandon his right to wages in case of the loss of the ship or abandon any right that he may have or obtain in the nature of salvage, and every stipulation in any agreement inconsistent with any provisions of this act shall be void68 the central government may, having regard to the provisions of the maritime labour convention, make rules in the matters relating to seafarer's employment officer for all or any of the following matters, namely:—(a)payment of wages;power to make rules for enforcement of maritime labour convention5(b)hours of work and hours of rest;(c)entitlement to leave;(d)repatriation;(e)compensation, if ship loss or foundering;(f)manning levels;(g)service conditions including skill development and opportunities;10(h)accommodation, recreational facilities, food and catering;(i)health protection, medical facilities, welfare and social security protection;(j)any other matter which is to be or may be required for compliance and enforcement of maritime labour convention15wages ontermination of service forwreck, illness, etc69 (1) where the service of any seafarer engaged under this act terminates before the date specified in the agreement by reason of the wreck, loss or abandonment of the ship or by reason of his being left on shore at any place outside india under a certificate granted under this act of his unfitness or inability to proceed on the voyage, the seafarer shall be entitled to receive,—(a) in the case of wreck, loss or abandonment of the ship,—20(i) wages at the rate to which he was entitled at the date of termination ofhis service for the period from the date his service is so terminated until he is returned to and arrives at a proper return port:provided that the period for which he shall be entitled to receive wagesshall be not less than one month, and25(ii) compensation for the loss of his effect,—(a) in the case of a seafarer employed on a ship engaged for coastingtrade, of not more than one month's wages; and(b) in the case of a seafarer employed on a foreign-going ship, ofnot more than three month's wages;30(b) in the case of unfitness or inability to proceed on the voyage,wages for the period from the date his service is terminated until he is returned to and arrives at a proper return port(2) a seafarer shall not be entitled to receive wages under sub-clause (i) of clause (a)of sub-section (1) in respect of any period during which,—35(a) he was, or could have been, suitably employed; or(b) through negligence he failed to apply to proper authority for relief as adistressed or destitute seafarer40(3) any amount payable by way of compensation under sub-clause (ii) of clause (a)of sub-section (1) shall be deposited with the shipping master at the port of engagement in india for payment to the seafarer, or, in the case of deceased seafarer, to the person nominated by him in this behalf under section 85 or if he has not made any such nomination or the nomination made by him is or has become void, to his legal heirs(4) a seafarer shall be entitled to continue receiving the wages at the same rate till such time he returns home, if such seafarer is held in the captivity including in case of piracy in the course of his employment5explanation—for the purposes of item (b) of sub-clause (ii) of clause (a) of subsection (1) of this section, "foreign-going ship" means a ship employed in trading between any port or place in india and any other port or place outside india, or between ports and places outside india70 (1) a seafarer shall not be entitled to wages,—(a) for any period during which he is absent from duty without leave; or10(b) for any period during which he unlawfully refuses or neglects to work when required; orwages not to accrue during absence without leave, refusal to work orimprisonment(c) unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned15(2) a seafarer shall not be disentitled to claim wages for any period during which he has not performed his duty if he proves that he was incapable of doing so by reason of illness, hurt or injury, unless it is proved that,—(a) his illness, hurt or injury was caused by his own wilful act or default or his own misbehaviour; or(b) his illness was contracted or his hurt or injury was sustained at a proper return port and was not attributable to his employment; or20(c) he has unreasonably refused to undergo medical or surgical treatment for his illness, hurt or injury involving no appreciable risk to his life25compensation to seafarers on premature discharge71 (1) if a seafarer having signed an agreement is discharged, otherwise than in accordance with the terms thereof, without fault on his part justifying the discharge and without his consent, he shall be entitled to receive from the master of the ship, owner of the ship or his agent, in addition to any wages he may have earned, as due compensation for the damage caused to him by the discharge, such sum as the shipping master may fix having regard to the circumstances relating to the discharge:provided that the compensation so payable shall not exceed—30(a) in the case of a seafarer who has been discharged before the commencement of a voyage, one month's wages; and(b) in the case of a seafarer who has been discharged after the commencement of a voyage, three month's wages (2) any compensation payable under this section may be recovered as wages3572 (1) as respects wages due or accruing to a seafarer,—(a) they shall not be subject to attachment by order of any court;restrictions on sale of and charge upon wages(b) an assignment thereof made prior to the accruing thereof shall not bind the person making the same;40(c) the power-of-attorney or authority for the receipt thereof shall not be irrevocable;(d) the payment of wages to a seafarer shall be valid in law notwithstanding any previous assignment of those wages or any attachment thereof or encumbrance thereon (2) the provisions of clauses (b) and (c) of sub-section (1) shall not apply to so much of the wages of a seafarer as have been or are hereafter assigned by way of contribution to any fund or scheme approved in this behalf by the central government, the main purpose of45which is the provision for seafarer of health or social insurance benefits and the provisions of clauses (a) and (d) of sub-section (1) shall not apply to anything done or to be done for giving effect to such an assignment5(3) nothing in this section shall affect the provisions of this act or any other law for the time being in force with respect to allotment notesdischarge of seafarers73 (1) a seafarer serving in an indian ship shall, on termination of his engagement, be discharged in such manner as may be prescribed10(2) if an indian ship is transferred or disposed of while she is at or on a voyage to any port outside india, every seafarer belonging to that ship shall be discharged at that port, unless he consents in writing to complete the voyage in the ship if continued(3) if a seafarer is discharged from an indian ship in terms of sub-section (1), the provisions of section 75 shall apply as if the service of the seafarer had terminated without his consent and before the expiration of the period for which the seafarer was engaged15(4) every seafarer discharged in terms of sub-section (2) shall, if the voyage for which he was engaged is not continued, be entitled to the wages to which he would have been entitled if his service had been wrongfully terminated by the owner before the expiration of the period for which the seafarer was engaged(5) the master of an indian ship shall not,—20(a) discharge a seafarer before the expiration of the period for which he was engaged, unless the seafarer consents to his discharge; or(b) except in circumstances beyond his control, leave a seafarer behind,25without the authority of the officer specified in this behalf by the central government and the officer aforesaid shall certify on the agreement with seafarer that he has granted such authority, and also the reason for the seafarer being discharged or the seafarer being left behind(6) the officer aforesaid to whom application is made for authority in terms of sub-section (5), shall investigate the grounds on which the seafarer is to be discharged or the seafarer left behind and may in his discretion grant or refuse to grant such authority:30provided that he shall not refuse to grant his authority if he is satisfied that the seafarer, without reasonable cause,—(a) has failed or refused to join his ship or to proceed to sea therein; or (b) has been absent from his ship without leave, either at the commencement or during the progress of a voyage for a period of more than forty-eight hours35(7) the officer aforesaid shall keep a record of all seafarers discharged or left behind with his authority and whenever any charge is made against a seafarer under section 94, the fact that no such authority is so recorded shall be prima facie evidence that it was not granted40wages and property of deceased seafarers and seafarers left behind74 if any seafarer is left behind or lost overboard or is deceased, the master shall enter in the official logbook a statement of the amount due to the seafarer in respect of wages at the time when he was left behind or lost overboard or is deceased of all property left on board by him, and shall take such property into his charge and discharge the property in such manner as may be prescribed45repatriation of seafarer on termination of service at foreign port75 (1) when the service of a seafarer terminates without the consent of the said seafarer at a port outside india, and before the expiration of the period for which the seafarer was engaged, the master, owner of a ship or his agent shall, in addition to any other related obligation imposed on either of them by this act, make adequate provision for the maintenance of the seafarer according to his rank or rating, and for the return of that seafarer to a proper return port(2) if the master, owner of a ship or his agent fails without reasonable cause to comply with the provisions of sub-section (1), the expenses of maintenance and of the journey to the proper return port shall, if defrayed by the seafarer, be recoverable as wages due to him, and if defrayed by an indian consular officer, be regarded as expenses falling within the provisions of sub-sections (3) and (4) of section 865explanation—for the purposes of sub-section (2), inability to provide the said expenses shall not, be regarded as reasonable cause10certain undisbursed amounts to be utilised for welfare of seafarers76 subject to such restrictions and conditions as may be prescribed, any amount deposited with or recovered by the shipping master as wages or for making payment in accordance with the allotment note made by a seafarer or for being paid to a seafarer or his nominee may, if such amount remains unclaimed with the shipping master for a period of not less than six years, be utilised for the welfare of seafarer in such manner as the central government may direct1577 (1) where under the agreement with the seafarer any dispute arises at any port in india between the master, owner or agent of a ship and any of the seafarer of the ship, it shall be submitted to the shipping masterdecision of questions by shipping masters(2) any dispute of an indian seafarer, on a vessel registered in a country other than india, in indian territorial waters, with the master, owner of the ship or his agent may be submitted to the shipping master20(3) the shipping master shall hear and decide the dispute submitted under sub-sections (1) and (2) and make an award which shall be conclusive as to the rights of parties and any document relating to such dispute or award itself shall be prima facie evidence thereof25(4) any person aggrieved by the award made by the shipping master under this section may, within a period of thirty days from the date of receipt of such award, prefer an appeal before the principal officer having jurisdiction over the matter and the principal officer may, after giving the parties to the appeal an opportunity of being heard, pass an order within a period of forty-five days from the date of receipt of such appeal30(5) any person aggrieved by the order passed by the principal officer under this section may, within a period of thirty days from the date of receipt of order, prefer second appeal to the director-general who may, after giving the parties to the appeal an opportunity of being heard, pass an order within a period of forty-five days35(6) an award made under this section may be enforced by a judicial magistrate of thefirst class or a metropolitan magistrate, as the case may be, in the same manner as an order of payment of wages made by such magistrate under this act26 of 1996(7) nothing in the arbitration and conciliation act, 1996 shall apply to any matter submitted to a shipping master for decision under this section40power of shipping master to require production of ship's papers78 in any proceedings under this act before a shipping master relating to the wages,claims or discharge of a seafarer, the shipping master may require the owner, master his agent or seafarer to produce any log books, papers, or other documents in his possession or power relating to any matter in question in the proceedings, and may require the attendance of and examine any of those persons being then at or near the place on the mattersummary proceedings for wages4579 (1) a seafarer or a person duly authorised by him may, as soon as any wages dueto him become payable but not paid, apply to any judicial magistrate of the first class or any metropolitan magistrate, as the case may be, exercising jurisdiction in or near the place at which his service has terminated or at which he has been discharged, or at which any person upon whom the claim is made is or resides, and such magistrate shall try the case in a summary way and the order made by such magistrate in the matter shall be final(2) an application under sub-section (1) may also be made by any officer authorised by the central government in this behalf by general or special order80 a proceeding for the recovery of wages due to a seafarer shall not be instituted by or on behalf of any seafarer in any civil court except where,—restrictions on suits for wages(a) the owner of the ship has been declared insolvent;5(b) the ship is under arrest or sold by the authority of any court; (c) a judicial magistrate of the first class or a metropolitan magistrate, as thecase may be, refers a claim to the court10wages not recoverable outside indiain certaincases81 where a seafarer is engaged for a voyage which is to terminate in india, he shall not be entitled to sue in any court outside india for wages unless he is discharged with such sanction as is required by this act, and with the written consent of the master, or proves such ill-usage on the part, or by the authority, of the master, as to warrant a reasonable apprehension of danger to his life if he were to remain on board82 (1) the master of a ship shall, so far as the case permits, have the same rights, liensand remedies for the recovery of his wages as a seafarer has under this act or by any law or custom15remedies of master for wages, disbursements, etc20(2) the master of a ship or every person lawfully acting as master of a ship by reason of the disease or incapacity from illness of the master of the ship shall, so far as the case permits, have the same rights, liens and remedies for the recovery of disbursements or liabilities properly made or incurred by him on account of the ship as a master has for the recovery of his wages25(3) if in any proceeding in any court touching the claim of a master in respect of such wages, disbursements or liabilities any set-off is claimed or any counter claim is made, the court may enter into, and adjudicate upon, all questions and settle all accounts then arising or outstanding and unsettled between the parties to the proceeding and may direct payment of any balance found to be due30power to refer disputes between seafarers and their employers to tribunal83 (1) where the central government is of the opinion that any dispute between seafarer or any class of seafarers or of any union of seafarers and the owners of ships in which such seafarers are employed or are likely to be employed exists or is apprehended and such dispute relates to any matter connected with or incidental to the employment of the seafarers, the central government may, by notification, constitute a tribunal consisting of one or more persons, having knowledge of maritime matter, and refer the dispute for adjudication5 of 1908(2) the tribunal shall not be bound by the procedure laid down by the code ofcivil procedure, 1908 but shall be guided by the principles of natural justice3510 of 1872(3) the tribunal shall also not be bound by the rules of evidence contained inthe indian evidence act, 18725 of 1908(4) the tribunal shall, for the purposes of discharging its functions under thisact, have power to regulate its own procedure and shall have the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit in respect of the following matters, namely:—40(a) summoning and enforcing the attendance of any person and examining himon oath;(b) compelling the production of documents; (c) receiving evidence on affidavits;45(d) issuing commissions for the examination of witnesses; (e) any other matter which may be prescribed45 of 1860(5) any proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code(6) no party to a dispute shall be entitled to be represented by a legal practitioner in any proceeding before the tribunal except with the consent of the other party or parties to the proceeding and with the leave of the tribunal5(7) the tribunal shall dispose of the reference within a period as may be specified in the notification under sub-section (1) and submit its award to the central government(8) on receipt of the award, the central government shall cause it to be published and the award shall become enforceable on the expiry of thirty days from the date of such publication:10provided that where the central government is of the opinion that it shall be inexpedient on public grounds to give effect to the award or any part of it, it may before the expiry of the said period of thirty days by order in the official gazette either reject the award or modify it, and where the central government does so, the award shall not become enforceable or shall become enforceable subject to the modifications, as the case may be15(9) an award which has become enforceable under this section shall be binding on—(a) all parties to the dispute; (b) where any party to the dispute is the owner of the ship, his heirs, successors, or assigns20(10) save as otherwise provided in the award, an award shall remain in operation for a period of one year from the date on which it becomes enforceable and shall thereafter continue to remain in operation until a period of two months has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award25(11) unless otherwise directed by the central government, the tribunal shall cease to exist on the expiry of a period of thirty days after publication of the award(12) any money due to a seafarer from the owner of a ship under an award may be recovered as wages14 of 194730(13) nothing contained in the industrial disputes act, 1947, shall apply to any dispute between seafarers or any class of seafarers or any union of seafarers and the owners of ships in which such seafarers are employed or are likely to be employed(14) during the pendency of proceedings under this section,—35(a) no seafarer or class of seafarers or union of seafarers shall go or remain on strike or otherwise act in a manner prejudicial to the normal operation of the ships in which the seafarer is employed or are likely to be employed; and(b) no owner of a ship shall,-(i) alter to the prejudice of the seafarer concerned in the dispute, the conditions of service applicable to them immediately before the commencement of such proceedings; or40(ii) discharge or punish any seafarer in respect of any matter connected with the disputerecovery of wages, etc, of seafarers lost with their ship4584 (1) where a seafarer is lost with the ship to which he belongs, the central government or such officer as the central government may appoint in this behalf may recover the wages and the compensation due to him from the master or owner of a ship or his agent in the same court and in the same manner in which the seafarer's wages are recoverable, and shall deal with those wages in the same manner as with the wages and compensation due to other deceased seafarers under this act5(2) in any proceeding for the recovery of the wages and compensation, if it is shown by some official records or by other evidence that the ship has, twelve months or upwards before the institution of the proceeding, left any port, she shall, unless it is shown that she has been heard of within twelve months after the departure, be deemed to have been lost with all hands on board either immediately after the time she was last heard of or at such later time as the court hearing the case may think probablenomination85 (1) a seafarer may, for the purposes of sub-section (3) of section 69, nominate any person or persons:10provided that if the seafarer has a family, he may nominate for the purposes aforesaid any one or more members of his family only and if a seafarer acquires a family after he has made any such nomination, the nomination shall become void(2) the form in which any nomination may be made under sub-section (1), the cancellation or variation of any such nomination (including the making of a fresh nomination) and all other matters connected with such nominations shall be such as may be prescribed15relief and maintenance of distressed seafarers86 (1) the indian consular officer at or near the place where a seafarer is in distress shall, on application being made to him by the distressed seafarer, provide in accordance with the rules made under this act for the return of that seafarer to a proper return port, and also for the said seafarer's necessary clothing and maintenance until his arrival at such port20(2) a distressed seafarer shall not have any right to be maintained or sent to a proper return port except to the extent and on the conditions provided for in the rules25(3) all repatriation expenses, other than excepted expenses, incurred by or on behalf of the central government in accordance with the provisions of this act shall constitute a debt due to the central government for which the owner or agent of the ship to which the seafarer in respect of whom they were incurred belonged at the time of his discharge or other event which resulted in his becoming a distressed seafarer shall be liable, and the owner or agent shall not be entitled to recover from the seafarer any amount paid by him to the central government in settlement or part settlement of such debt30 35(4) all excepted expenses incurred by or on behalf of the central government inaccordance with the provisions of this act shall constitute a debt due to the central government for which the seafarer in respect of whom they were incurred and the owner or the agent of the ship to which that seafarer belonged at the time of his discharge or other event which resulted in his becoming a distressed seafarer shall be jointly and severally liable, and theowner or agent shall be entitled to recover from the seafarer any amount paid by him to the central government in settlement or part settlement of such debt, and may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seafarer40(5) all excepted expenses incurred in accordance with the provisions of this act inrespect of any distressed seafarer by the owner or agent of the ship to which he belonged at the time of his discharge or other event which resulted in his becoming a distressed seafarer shall constitute a debt due to the owner or agent for which the seafarer shall be liable, and the owner or agent may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seafarer; but he shall not be entitled to recover from the seafarer any repatriation expenses other than excepted expenses45(6) in any proceedings for the recovery of any expenses which in terms of sub-section (3)or sub-section (4) are a debt due to the central government, the production of an account ofthe expenses and proof of payment thereof by or on behalf of or under the direction of the central government shall be prima facie evidence that the expenses were incurred inaccordance with the provisions of this act by or on behalf of the central government50(7) any debt, which may be due to the central government under this section, may berecovered by any officer authorised by it in writing in this behalf from the person concerned in the same manner, as the wages are recoverable under section 79(8) the central government may, make rules with respect to relief, maintenance and return to the proper port of a seafarer found in distress in any place out of india and with respect to the circumstances in which and the conditions subject to which the seafarer may be relieved and provided with passages under this part and generally to carry out the provisions of this part relating to distressed seafarer5explanation—for the purposes of this section,—(a) "excepted expenses" means repatriation expenses incurred in cases where the cause of the seafarer being left behind is desertion or absence without leave or imprisonment for misconduct or discharge from his vessel on the grounds of misconduct;10(b) "repatriation expenses" means expenses incurred in returning a distressed seafarer to a proper return port and in providing him with necessary clothing and maintenance until his arrival at such a port, and includes in the case of a shipwrecked seafarer the repayment of expenses incurred in conveying him to a port after shipwreck and maintaining him while being so conveyed15evidence of distress87 in any proceeding under this part, a certificate of the central government or of such officer as the central government may specify in this behalf, to the effect that any seafarer named therein is distressed shall be conclusive evidence that such seafarer is distressed within the meaning of this act88 (1) a shipping master, surveyor, seafarer's welfare officer, indian consular officer or any other officer at any port duly authorised in this behalf by the central government shall,—20inspection by shipping master, etc(a) in the case of any ship upon which the seafarer has been shipped at that port, at any time, and(b) in the case of any indian ship, at any time, and if the master or three or more of the crew so request,25enter on board the ship and inspect,—(i) the provisions and water; (ii) the weights and measures;30(iii) the accommodation for seafarers, with which the ship is required to be provided by or under this act and also the space and equipment used for the storage and handling of food and water and the galley and other equipment used for the preparation and service of meals;(iv) maritime labour certificate and declaration of maritime labour compliance35(2) all indian ships engaged in international voyage or operating from a port, or between ports, in another country, shall possess a maritime labour certificate and a declaration of maritime labour compliance(3) ships not covered under sub-section (2) shall, unless exempted by the central government, possess such certificate in such manner and form as may be prescribed40(4) for the purpose of preventing seafarer from being taken on board any ship at any port in india contrary to the provisions of this act, any shipping master or deputy or assistant shipping master or any director, deputy director or assistant director of the seafarer's employment office, may enter at any time on board any such ship upon which he has reasons to believe that seafarers have been shipped, and may muster and examine the several seafarers employed thereinexplanation— for the purposes of this section,—45(a) "declaration of maritime labour compliance" means a declaration issued by the central government or by any officer, authority or organisation authorised by it in this behalf, in respect of a ship that it meets with the requirements and standards set out in the provisions of the maritime labour convention;(b) "international voyage" means a voyage from or to a port or place in india to or from a port or place outside india or between any ports outside india589 (1) a seafarer shall, for the purposes of this part, be deemed to be a serving seafarer during any period commencing on the date of the agreement with the crew and ending thirty days after the date on which the seafarer is finally discharged from such agreement10special provisions for the protection of seafarers in respect of litigation(2) if any person presenting any plaints, applications or appeal to any court has reason to believe that any adverse party is serving seafarer, he shall make a statement accordingly in such plaint, application or appeal(3) if any collector has reason to believe that any seafarers who ordinarily resides or has property in his district and who is a party to any proceeding pending before any court is unable to appear therein or is a serving seafarer, the collector may certify the facts to the court15(4) if a collector has certified under sub-section (3) or if a court has reason to believethat a seafarer who is a party to any proceeding before the court, is unable to appear therein or is a serving seafarer, the court shall suspend the proceeding and shall give notice thereof to the shipping master:provided that the court may refrain from suspending the proceeding and giving the notice if,—20(a) the proceeding is one instituted or made by the seafarer, alone or conjointly with others, with the object of enforcing a right of pre-emption; or25(b) the interests of the seafarer in the proceeding are, in the opinion of the court,either identical with those of any other party thereto and adequately represented by such other party, or merely of a formal nature(5) if it appears to the court before which any proceeding is pending that a seafarer though not a party to the proceeding is materially concerned in the outcome of the proceeding and that his interests are likely to be prejudiced by his inability to attend, the court may suspend the proceeding and shall give notice thereof to the shipping master30(6) if on receipt of a notice under sub-section (4) or sub-section (5), the shippingmaster certifies to the court, that the seafarer is a serving seafarer, the court shall thereupon postpone the proceeding in respect of the seafarer for such period as it thinks fit:35provided that if by reason of the continued absence of the seafarer the question of anyfurther postponement of the proceeding in respect of the seafarer arises, the court shall in deciding the question have regard to the purposes of the provisions of this act conferring special protection on seafarer in respect of litigation40(7) if the shipping master either certifies that the seafarer is not for the time being aserving seafarer or fails within two months from the date of the receipt of the notice under sub-section (4) or sub-section (5), as the case may be, to certify that the seafarer is a serving seafarer, the court may, if it thinks fit, continue with the proceeding45(8) where in any proceeding before a court, a decree or order has been passed againstany seafarer while he was a serving seafarer, the seafarer, or if he dies while he is a serving seafarer, his legal representative, may apply to the said court to have the decree or order to be set aside, and if the court, after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice requires that the decree or order to be set aside as against the seafarer, the court shall subject to such conditions, if any, as it thinks fit to impose, make an order accordingly, and may, if it appears that any opposite party in the proceeding has failed to comply with the provisions of sub-section (2), award, subject tosuch conditions as it thinks fit to impose, damages against such opposite party5 36 of 1963(9) the period of limitation for an application under sub-section (8) shall be sixty days from the date on which the seafarer first ceases to be a serving seafarer after the passing of the decree or order, or where the summons or notice was not duly served on the seafarer in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order, whichever is later; and the provisions of section 5 of the indian limitation act, 1963, shall apply to such applications(10) where the decree or order in respect of which an application under sub-section (8) is made is of such a nature that it cannot be set aside as against the seafarer only, it may be set aside as against all or any of the parties against whom it was made10(11) where a court sets aside a decree or order under this section, it shall appoint a day for proceeding with the suit, appeal or application, as the case may be, in respect of which the decree or order was passed36 of 196315(12) in computing the period of limitation provided in the foregoing provisions or in the indian limitation act, 1963, or in any other law for the time being in force, for any suit, appeal or application to a court to which a seafarer is a party, the period or periods during which the seafarer has been a serving seafarer, and if the seafarer has died while he was a serving seafarer, the period from the date of his death to the date on which his next-of-kin was first informed, by the shipping master or otherwise, of his death, shall be excluded:20provided that this section shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of presumption except in such areas and in such circumstances as the central government may, by notification, specify in this behalf(13) if any court is in doubt whether, for the purposes of this section, a seafarer is or was at any particular time or during any particular period a serving seafarer, it may refer the question to the shipping master, and the certificate of the shipping master shall be conclusive evidence on the question25facilities for making complaint90 if a seafarer states to the master that he desires to make a complaint to a judicial magistrate of the first class or a metropolitan magistrate, as the case may be, or other proper officer against the master or any of the crew, the person authorised by the central government in this behalf shall,—30(a) if the ship is then at a place where there is a judicial magistrate of the firstclass or a metropolitan magistrate, as the case may be, or other proper officer, as soon after such statement as the service of the ship shall permit, and(b) if the ship is not then at such place, as soon after her first arrival at such placeas the service of the ship shall permit,35allow the complainant to go ashore or send him ashore under proper protection so that he may be enabled to make the complaintassignment or sale of salvage invalid91 subject to the provisions of this act, an assignment of salvage payable to aseafarer made prior to the accruing thereof shall not bind the person making the same, and a power of attorney or authority for the receipt of any such salvage shall not be irrevocable40ship not to be boarded without permission4592 where a ship has arrived at a port or place in india at the end of a voyage and anyperson, not being in the service of the government or not being duly authorised by law for the purpose, goes on board the ship without the permission of the master, the master of the ship may take such person into custody and deliver him up forthwith to a police officer to be taken before a judicial magistrate of the first class or a metropolitan magistrate, as the case may be, to be dealt with according to the provisions of this act93 no seafarer belonging to an indian ship wherever it may be, or to any other ship,while in india, shall knowingly,—misconduct endangering life or ship50(a) do anything tending to the immediate loss or destruction of, or seriousdamage to, the ship, or tending immediately to endanger the life of, or to cause injury to any person belonging to or on board the ship; or(b) refuse or omit to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction or serious damage, or for preserving any person belonging to or on board the ship from danger to life or from injury94 (1) no seafarer lawfully engaged shall,—5(a) desert his ship; ordesertion and absence without leave10(b) neglect or refuse, without reasonable cause, to join the ship or to proceed tosea in his ship or be absent without leave at any time within twenty-four hours of the ship's sailing from a port either at the commencement or during the progress of a voyage, or be absent at any time without leave and without sufficient reason from his ship or from his duty(2) for the purposes of sub-section (1), the fact that the ship on which the seafarer is engaged or to which he belongs is unseaworthy shall be deemed to be a reasonable cause:15provided that the seafarer has, before failing or refusing to join his ship or to proceed to sea in his ship or before absenting himself or being absent from the ship, as the case may be, complained to the master or a shipping master, surveyor, seafarer's welfare officer, port health officer, indian consular officer or any other officer at any port duly authorised in this behalf by the central government, that the ship is unseaworthy20(3) if it is shown to the satisfaction of a shipping master that a seafarer has deserted his ship or has absented himself without leave and without sufficient reason from his ship or from his duty, the shipping master shall forthwith make a report to that effect to the director- general who may thereupon direct that the seafarer's continuous discharge certificate and seafarer identity document shall be withheld for such period as may be specified in the direction25(4) if a seafarer deserts his ship or is absent without leave and without sufficient reason from his ship or from his duty, the master, any seafarer, the owner or agent of the owner of the ship may, without prejudice to any other action that may be taken against the seafarer under this act, convey him on board his ship and may for that purpose cause to be used such force as may be reasonable in the circumstances of the case30(5) if, either at the commencement or during the progress of any voyage, a seafarer engaged in an indian ship commits outside india, the offence of desertion or absence without leave or any offence against discipline, the master, any mate, the owner or agent of the owner of the ship may, if and so far as the laws in force in the place shall permit, arrest him without first procuring warrant(6) no person shall convey on board or arrest a seafarer on improper or insufficient grounds35 40(7) where a seafarer is brought before a court on the ground of desertion or ofabsence without leave or of any offence against discipline, and the master or the owner, or his agent, so requires, the court, may, in lieu of committing and sentencing him for the offence, cause him to be conveyed on board his ship for the purpose of proceeding on the voyage, or deliver him to the master or any mate of the ship or the owner or his agent, to be by them so conveyed, and may in such case order any costs and expenses properly incurred by or on behalf of the master or owner by reason of the conveyance to be paid by the offender and, if necessary, to be deducted from any wages which he has then earned or by virtue of his then existing engagements may afterwards be earned95 a seafarer lawfully engaged shall be guilty of an offence against discipline if he commits any of the following acts, namely:—general offences against discipline45(a) if he quits the ship without leave after her arrival at her port of delivery andbefore she is placed in security;(b) if he wilfully disobeys any lawful command or neglects the duty; (c) if he continues to wilfully disobey any lawful commands or continues withwilful neglect of duty;(d) if he assaults the master or any other officer of, or a seafarer belonging to theship;(e) if he combines with any of the crew to disobey lawful commands or to neglectduty or to impede the navigation of the ship or retard the progress of the voyage;5(f) if he wilfully damages his ship or commits criminal misappropriation or breachof trust in respect of, or wilfully damages any of, her stores or cargo;(g) if he has received an advance payment on the basis of his agreement andwilfully or through misconduct fails to attend his ship or desert therefrom before the payment becomes due to him10smuggling of goods byseafarer96 (1) if a seafarer engaged is convicted of an offence of smuggling any goods,whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay to that master or owner a sum sufficient to reimburse the loss or damage and the whole or a part of his wages may be retained in satisfaction on account of that liability without prejudice to any other remedy15(2) if a seafarer engaged is convicted of an offence of smuggling any goods, the director-general may direct that the seafarer's continuous discharge certificate and seafarer's identity document shall be cancelled or shall be suspended for such period as may be specified in the direction2097 (1) if any offence within the meaning of this act of desertion or absence without leave or against discipline is committed, or if any act of misconduct is committed for which the offender's agreement imposes a fine and it is intended to enforce the fine—entry of offences in official log book(a) an entry of the offence or act shall be made in the official log book and signedby the master, the officer on watch;25(b) the offender, if still in the ship, shall, before the next subsequent arrival of theship at any port, or, if she is at the time in port, before her departure therefrom, be furnished with a copy of the entry and have the same read over distinctly and audibly to him and may thereupon make such reply thereto as he thinks fit;30(c) a statement of a copy of the entry having been so furnished and the entryhaving been so read over and the reply, if any, made by the offender shall likewise be entered and signed in the manner aforesaid; and(d) in any subsequent legal proceedings the entries by this section requiredshall, if practicable, be produced or proved, and, in default of such production or proof, the court hearing the case may in its discretion, refuse to receive evidence of the offence or act of misconduct35report of desertions and absences without leave98 whenever any seafarer engaged outside india on an indian ship deserts or otherwiseabsents himself in india without leave, the master of the ship shall, within forty-eight hours of discovering such desertion or absence, report the same to the shipping master or to such other officer as the central government specifies in this behalf, unless in the meantime, the deserter or absentee returns40entries and certificates of desertion abroad99 (1) in every case of desertion from an indian ship whilst such ship is at any placeout of india, the master shall produce the entry of desertion in the official log book to the indian consular officer at the place, and that officer shall thereupon make and certify a copy of the entry45(2) the master shall forthwith transmit such copy of entry certified undersub-section (1) to the shipping master at the port at which the seafarer was shipped, and theshipping master shall, if required, cause the same to be produced in any legal proceeding(3) such copy of the entry, if purporting to be so made and certified as provided under sub-section (1), shall, in any legal proceeding relating to such desertion, be admissible in evidencefacilities for proving desertion in proceedings for forfeiture of wages5100 (1) whenever a question arises whether the wages of any seafarer are forfeited for desertion from a ship, it shall be sufficient for the person insisting on the forfeiture to show that the seafarer was duly engaged in or belonged to the ship, and either that he left the ship before the completion of the voyage or engagement or, if the voyage was to terminate in india and the ship has not returned, that he is absent from her and that an entry of his desertion has been duly made in the official log book(2) the desertion shall thereupon, so far as relates to any forfeiture of wages under this part, be deemed to be proved, unless the seafarer can produce a proper certificate of discharge or can otherwise show to the satisfaction of the court that he had sufficient reasons for leaving his ship10application of forfeitures101 (1) where any wages or other property are under this act forfeited for desertion from a ship, they shall be applied towards reimbursing the expenses caused by the desertion to the master or the owner of the ship or his agent of the ship, and subject to that reimbursement, shall be paid to the central government15(2) for the purposes of such reimbursement, the master, or the owner or his agent may, if the wages are earned subsequent to the desertion, recover them in the same manner as the deserter could have recovered them if not forfeited, and the court in any legal proceeding relating to such wages may order them to be paid accordingly20102 any question concerning the forfeiture of or deductions from the wages of a seafarer may be determined in any proceeding lawfully instituted with respect to those wages, notwithstanding that the offence in respect of which the question arises, though by this act made punishable by imprisonment as well as forfeiture has not been made the subject of any criminal proceeding| decision | of ||----------------|------|| questions of | || forfeiture and | || deduction in | || suits | for || wages | |25103 (1) every fine imposed on a seafarer for any act of misconduct under his agreement shall be deducted and paid as follows, namely:—payment of fines imposed under agreement to shipping master(a) if the offender is discharged at any port or place in india and the offence andsuch entries in respect thereof as aforesaid are proved to the satisfaction of the shipping master, the master or owner or agent shall deduct such fine from the wages of theoffender and pay the same to such shipping master; and30 35(b) if the seafarer is discharged at any port or place outside india and the offenceand such entries as aforesaid are proved to the satisfaction of the indian consular officer, by whose sanction he is so discharged, the fine shall thereupon be deducted asaforesaid, and an entry of such deduction shall then be made in the official log book, if any, and signed by such officer and on the return of the ship to india, the master or owner shall pay such fine to the shipping master(2) an act of misconduct for which any such fine has been inflicted and paid shall not be otherwise punishable under the provisions of this act(3) the proceeds of all fines received by a shipping master under this section shall be utilised for the welfare of seafarers in such manner as the central government may direct40seafarer not to be enticed to desert104 (1) no person shall by any means whatever persuade or attempt to persuade aseafarer to neglect or refuse to join or proceed to sea in or desert from his ship, or otherwise to absent himself from his duty45(2) no person shall harbour or secrete a seafarer who has wilfully neglected or refused to join or has deserted from his ship, knowing or having reason to believe the seafarer to have so done:provided that the provisions of this sub-section shall not extend to the case in which the harbour or secreting is by the spouse of the seafarer50105 (1) no person shall secrete himself and go to sea in a ship without the consent ofeither the owner, agent or master, or of a mate, or of the person in charge of the ship or of any other person entitled to give that consentstowaways and seafarers carried under compulsion5(2) every seafaring person whom the master of a ship is under the authority of this act or any other law compelled to take on board and convey and every person who goes to sea in a ship without such consent as aforesaid, shall, so long as he remains in the ship, be subject to the same laws for preserving discipline and to the same fines, and punishments for offences constituting or tending to a breach of discipline as if he were a member of, and has signed the agreement with the crew(3) the master of any indian ship arriving at any port or place in or outside india and the master of any ship other than an indian ship arriving at any port or place in india shall, if any person has gone to sea on that ship without the consent referred to in sub-section (1), report the fact in writing to the proper officer as soon as may be after arrival of the ship10on change of master, documents tobe handedover to successor15106 (1) if during the progress of a voyage the master of any indian ship is removed or superseded or for any other reason quits the ship and is succeeded in the command by some other person, he shall, deliver to his successor the various documents relating to the navigation of the ship and the crew thereof which are in his custody and a handing over note enlisting such documents(2) on receipt of such documents and the handing over note, the successor shall make an entry in the official log book to that effect which shall also be endorsed by the predecessordeserters from foreign ships20107 (1) where it appears to the central government that due facilities are or shall be given by the government of any country outside india for recovering and apprehending seafarers who desert from indian ships in that country, the central government may, by notification, stating that such facilities are or shall be given, declare that this section shall apply to seafarers belonging to ships of such country, subject to such limitations or conditions as may be specified in the notification25 30(2) where this section applies to seafarers belonging to ships of any country and a seafarer deserts from any such ship, when within india, any court that would have taken cognizance of the matter if the seafarer had deserted from an indian ship shall, on the application of a consular officer of that country, aid in apprehending the deserter and for that purpose may, on information given on oath, issue a warrant for his apprehension and on proof of the desertion order him to be conveyed on board his ship or delivered to the master or mate of his ship or to the owner of the ship or his agent to be so conveyed and any such warrant or order may be executed accordinglyofficial logbook108 (1) except a ship of less than two hundred tons gross, there shall be kept anofficial log book in such form and such manner as may be prescribed35(2) the master, owner or agent of every ship for which an official log book is required to be kept under this act shall, deliver the official log book to the shipping master as and when required by the shipping master(3) no person shall make or procure to be made or assist in making any entry in any official log book in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge more than twenty-four hours after such arrival40109 (1) the central government may make rules to carry out the provisions of this partpower to make rules for this part(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 conditions under sub-section (3) of section 6345(b) the continuous discharge certificate and seafarer's identity documents under clause (b) of section 64;(c) the other functions and duties of the seafarer's employment offices under clause (b) of section 65;(d) the form, the manner of the issue of continuous discharge certificate and seafarer's identity documents and fees for such discharge certificate and identity documents under sub-section (4) of section 66;(e) the qualifications of the seafarer engaged or carried to sea to in any capacity in any ship under sub-section (6) of section 66;5(f) the form of certificate to be possessed by seafarer and the authority whogrants that certificate to the effect that the seafarer is medically fit under sub-section (7) of section 66;(g) the form of agreement and manner of making agreement undersub-section (1) of section 67;10(h) the manner of discharge from service of seafarer under sub-section (1) ofsection 73;(i) the manner of discharge of property under section 74; (j) the restrictions and conditions for utilisation of any amount deposited withor recovered by shipping master under section 76;15(k) any other matter relating to functions of the tribunal under clause (e) of subsection (4) of section 83;(l) the form of nomination, cancellation or variation of such nomination and allother matters connected with the nominations under sub-section (2) of section 85;20(m) the form of certificate and the manner of possession of such certificateunder sub-section (3) of section 88;(n) the form and manner of keeping log book under sub-section (1) ofsection 108;(o) any other matter which is required to be or may be prescribed part vi25 safety and secuirity110 this part shall, unless otherwise exempted, apply to,—application of this part(a) indian vessel, except vessel covered under part xiii, on matters relating to safety and security;30(b) vessel other than indian vessel when such vessel is within india, including waters within the jurisdiction of india on matters relating to safety and security;(c) port facility, on matters relating to security; and (d) company, on matters relating to safety and security of the vessel111 in this part, unless the context otherwise requires,—definitions35(a) "company" means the owner of the vessel or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the vessel from the owner of the vessel and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the international safety management code under the safety convention;40(b) "port facility" means any location or area including anchorages or awaitingberths or approaches from seaward as determined by the central government where interface between vessel or a vessel and a port takes place;(c) "voyage" means the whole time and distance between the vessels port orplace of departure and her final port or place arrival;45(d) words and expressions used in this part but not defined, shall have the samemeanings as assigned to them in the conventions as referred to in section 112112 (1) every vessel shall, subject to such conditions as may be prescribed, comply with the provisions of the following convention or agreement, as applicable, namely:—safety and security requirements(a) the safety convention; (b) the load lines convention;5(c) the special trade passenger ships agreement,1971; (d) the convention on the international regulations for preventing collisions atsea, 1972;(e) the international convention on maritime search and rescue, 1979; (f) the tonnage measurement convention, 1969; (g) international convention for safe containers, 1972;10(h) any other convention or agreement or any treaty relating to safety or securityto which india is a party:provided that vessels, to which the provisions of the above conventions are not applicable, shall comply with such safety and security requirements as may be prescribed15(2) the safety and security requirements for different classes of vessels and certificates to be held by such vessels shall be such as may be prescribedreporting of incidents113 (1) when an incident relating to the safety and security takes place on a vessel,the master of vessel shall report the particulars of such incident to such authority in such manner as may be prescribed20(2) when an incident takes place relating to the loss or likely loss overboard of dangerous goods in packaged form into the sea, or dangerous goods in solid form in bulk into the sea, or any incident impeding safe navigation, the master of every vessel shall report the particulars of such incident to such authority in such manner as may be prescribed25(3) the vessel referred to in sub-section (1) or sub-section (2) being abandoned, or a report from such vessel being incomplete, the central government shall fix the responsibility on the master of the vessel30114 (1) the master of an indian vessel, on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress, shall proceed with all speed to the assistance of the persons in distress (informing them if possible that he is doing so) unless he is unable or in the special circumstances of the case considers it unreasonable or unnecessary to do so or unless he is released from such obligation under the provisions of sub-section (3) or sub-section (4)obligation to render assistance on receiving signal of distress and to persons in danger35(2) where the master of any vessel in distress has requisitioned any indian vessel that has answered his call, it shall be the duty of the master of the requisitioned vessel to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress unless he is released from the obligation under the provisions of sub-section (4)(3) the master shall be released from the obligation imposed by sub-section (1) as soon as he is informed of the requisition of one or more vessels other than his own and that the requisition is being complied with by the vessel or vessels requisitioned40(4) the master shall be released from the obligation imposed by sub-section (1), and if his vessel has been requisitioned, from the obligation imposed by sub-section (2), if he is informed by the persons in distress or by the master of any vessel that has reached the persons in distress that assistance is no longer required45(5) if the master of an indian vessel on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress is unable or in the special circumstances of the case considers it unreasonable or unnecessary to go to the assistance of the persons in distress, he shall forthwith cause a statement to be entered in the official log book or if there is no official log book, cause other record to be kept of his reasons for not going to the assistance of those persons5(6) the master of every indian vessel for which an official logbook is required shallenter or cause to be entered in the official log book every signal of distress or message that a vessel, aircraft or person is in distress at sea10(7) the master of every indian vessel shall render assistance to every persons foundat sea in danger of being lost, unless he is unable or, in the special circumstance of the case, considers that such assistance cannot be rendered without serious danger to his vessel, or the persons thereon(8) if the master of an indian vessel is unable or consider it unreasonable to go to the assistance of a person found at sea in danger of being lost, the master shall forthwith cause a statement to be entered in the official log book or, if there is no official log book, cause other record to be kept of his reasons for not going to the assistance of that person15search and rescue services80 of 197620115 the central government may make arrangements for search and rescue servicesfor dealing with distress situation at sea, including territorial waters of india or any marine areas adjacent thereto over which india has, or may have jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force or such territory under international convention on maritime search and rescue, 1979 and agreement related thereto and such services shall include the establishment of rescue co-ordination centers and sub-centersradio communication requirements116 every indian vessel shall be equipped and maintained with such communicationequipment, distress and safety equipment and shall be provided with such certified operators as may be prescribed25information about vessel stability117 every indian vessel shall carry on board such information relating to the stabilityof the vessel, and the effects of any damage, control and general precautions necessary to maintain watertight integrity of the vessels, duly approved, as required under the provisions of safety convention, and the load line convention, or the safety and security requirements in accordance with the provisions of section 11230explanation—for the proposes of this section, "load line convention" means theinternational convention on load lines, 1966 and its protocolssubmersion of load lines35118 (1) no vessel, other than a vessel exempted from the provisions of this part relating to load lines, shall be so loaded as to submerge in salt water, when the vessel has no list, the appropriate load line on each side of the vessel, that is to say, the load line indicating or purporting to indicate the maximum depth to which the vessel is for the time being entitled under the load line rules to be loaded(2) without prejudice to any other proceedings under this act, any vessel which is loaded in contravention of this section may be detained until she ceases to be so loaded40no vessel to carry passenger without a certificate119 (1) no vessel shall carry passengers between ports or places in india, or to or from any port or place in india from or to any port or place outside india, unless she has all certificates required under this part in force(2) the central government may, by general or special order, specify the conditions relating to,—(a) passenger accommodation;45(b) scale of passenger and crew amenities to be provided; (c) space or disallowance of any space on a vessel ; (d) scale of provisions and water to be provided;(e) hospital accommodation and medical facilities; (f) the conditions for carriage of cargo and livestock; and (g) any other matter to carry out the purposes of this part5(3) subject to the conditions specified in sub-section (2), the master of a passenger vessel departing or proceeding on a voyage shall make a statement about the passengers on board the vessel in such form as may be specified by the central government in this behalf120 no vessel shall proceed to sea unless there is in force in respect of such vessel the certificates required under the convention or agreement referred to in section 112vessel not to proceed to sea without valid safety and security certificatesoffences121 (1) if any person who, -(a) being drunk or disorderly attempts to enter a vessel; or10(b) on board molest or continues to molest any person on board; or (c) travels or attempts to travel without payment of fare; or (d) wilfully refuses or neglects to quit the vessel on arrival at destination; or (e) fails to exhibit his ticket when requested by the master or other officer; or15(f) misconducts himself in such a manner as to cause annoyance or injury topersons on board; or(g) carries any substance that could jeopardize the safety or security of the vessel, lives onboard or the environment in general, he shall be guilty of an offence under this sub-section20(2) the master may refuse to receive on board any person referred to in sub-section (1), and if any such person is on board, may put him on shore, and the person so refused admittance or put on shore shall not be entitled to return of any fare he has paid25(3) the master or other officer of any such vessel and all persons called by him or other officer to his assistance, without warrant, may detain any person who commits any offence under sub-section (1) and convey the offender with all convenient dispatch before the nearest police station to be dealt with in accordance with the law122 (1) no vessel shall carry or attempt to carry cargo in contravention of section 120or shall have on board or in any part thereof a cargo which is not in accordance with the certificate held by the vesselvessel not to carry cargo or passengers in contravention of act30(2) no vessel shall carry or attempt to carry passengers in contravention of section120 or shall have on board or in any part thereof a number of passengers, which is greater than the number set forth in the certificate held by the vessel(3) if the master of any vessel which carries or attempts to carry cargo or passengers in contravention of this section he shall be liable to have his certificate of competency cancelled or suspended for such a period as the central government may, by order, specify in this behalf35unseaworthy vessel not to be sent to sea40123 (1) every person who sends or attempts to send a vessel which is not in a seaworthy condition to sea so that the life of any person is likely to be thereby endangered shall, unless he proves that he used all reasonable means to ensure her being sent to sea in a seaworthy state or that her going to sea in such unseaworthy state was under the circumstances reasonable and justifiable, be guilty of an offence under this sub-section(2) every master of a vessel who knowingly takes a vessel which is not in seaworthy condition that the life of any person is likely to be thereby endangered shall, unless he proves that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable, be guilty of an offence under this sub-section(3) for the purpose of giving such proof, every person charged under this section may give evidence in the same manner as any other witness(4) no prosecution for an offence under sub-section (2) shall be instituted except by, or with the written consent of the central government5obligation of owner to seafarer with respect to seaworthiness10124 (1) in every contract of service, express or implied between the owner of a vesseland the master or any seafarer thereof, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner that such owner and the master, and every agent charged with the loading of such vessel or the preparing thereof for sea, or the sending thereof to sea, shall use all reasonable means to ensure the seaworthiness of such vessel for the voyage at the time when such voyage commences, and to keep her in a seaworthy state during the voyage(2) for the purpose of verifying that the provisions of this section have been complied with, the central government may, either at the request of the owner or otherwise, arrange for a survey of the hull, equipment or machinery of any sea-going vessel by a surveyor or any person so authorised15125 (1) every vessel, company or port facility, as the case may be, shall comply withsuch requirements as may be prescribed for safety management and security managementsafety and security management(2) the central government or a person authorised by it shall arrange for the audit of the vessel, company or port facility for the purpose of sub-section (1)20(3) the central government or a person authorised by it, may set different levels ofsecurity and provide such information thereof to all the port facilities, and all vessels entering into any port facility25control measures and detention of vessels126 (1) no vessel shall enter into or sail out of or operate within the port, terminal,anchorages, port facilities, indian offshore facilities or indian territorial waters without complying with such provisions with regard to insurance, classification and condition of vessel or any other relevant requirements for the purposes of this part as may be prescribed30(2) the surveyor may inspect any indian vessel or any vessel other than an indianvessel, whilst at a port or place in india for the purpose of this part and if it is found on any inspection that the vessel is not complying the provisions of this part or any international convention to which india is a party, the surveyor shall report it to the principal officer35(3) on receipt of report under sub-section (2), the principal officer may take suchaction as may be necessary, including detention of such vessel, till such time the vessel is incompliance with the provisions of this part or provisions applicable under the international conventions, and may allow such vessel to proceed to sea, if it does not pose an unreasonable threat to safety or security or environmentliability for costs and damage when vessels detained40127 (1) if it appears that there was no reasonable or probable cause, by reason of thecondition of the vessel or the act or default of the owner or master, for detention of the vessel, the central government shall be liable to pay to the owner of the vessel his costs of and incidental to the detention of the vessel and also compensation for any loss or damage sustained by him by reason of detention(2) if a vessel is detained under this part by reason of the condition of the vessel ordue to the act or default of the owner or master, the owner of a vessel shall be liable to pay to the central government its costs of and incidental to the detention and survey of the vessel and the vessel shall not be released until such costs are paid and faults are rectified45power to make rules128 (1) the central government may make rules for safety and security requirementsapplicable to vessel, company or port facility under this part(2) in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—50(a) the conditions under sub-section (1) section 112 and the safety and securityrequirements under proviso to sub-section (1) that section;(b) the safety and security requirements for different classes of vessels and the certificates under sub-section (2) of section 112;(c) the manner of reporting the particulars of incidents and the authority to whom such particulars to be reported under sub-section (1) of section 113;5(d) the manner of reporting the particulars of incidents and the authority to whom such particulars to be reported under sub-section (2) of section 113;(e) the communication equipment, distress and safety equipment to be equipped and maintained, and the certified operators to be provided under section 116;(f) the requirements for safety management or security management under subsection (1) of section 125;10(g) the provisions with regard to insurance, classification and condition of vessel or any other relevant requirements under sub-section (1) of section 126; and(h) any other matter which is required to be or may be prescribed part vii15 prevention, containment of pollution from vessel and response129 save as otherwise provided, this part shall apply to,—application of this part(a) every indian vessel; (b) every vessel other than an indian vessel;20(c) vessel not entitled to fly the flag of india but which operate under the authority of india;2580 of 1976(d) any vessel that enters a port, shipyard, or offshore terminal or place in india or within the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, exclusive jurisdiction in regard to control of pollution under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force; and30(e) any incident of marine casualty or any act relating to such casualty occurring with grave and imminent danger to indian coast line or maritime zones of india or related interests from pollution or threat of pollution in the sea or air either by deliberate, negligent or accidental release of oil, ballast water, noxious liquid substance, garbage, sewage, waste, harmful anti-fouling substances, harmful emissions or any other harmful substance including such incidents occurring on the high seas;(f) port shipyard or offshore terminal for the purpose of providing reception facilitiesdefinitions130 in this part, unless the context otherwise requires,—3580 of 1976(a) "coastal waters" means any part of territorial waters of india, or any marinearea adjacent thereto over which india has, or, may hereafter have, exclusive jurisdiction in regard to control of marine pollution under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976, or any other law for the time being in force;40(b) "harmful substance" means any substance, or form of energy, which, ifintroduced into the sea or air, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea, air and includes any substance subject to control by any of the conventions to which india is a party;45(c) "vessel" means a vessel of any type whatsoever operating in the marine oraquatic environment and includes hydrofoil boats, air-cushion vehicles, submersibles,floating craft, fixed or floating platforms, floating storage units and floating production storage and off-loading units5131 (1) unless otherwise expressly provided, all vessels shall be under an obligationto prevent discharge or emission of harmful substances or mixtures containing such substances and for that purpose, the central government may make rules requiring indian vessel to be fitted with such equipment and to comply with such requirements relating to construction, survey of equipment and structure of such vessel and specifying conditions, prior to issuing a certificate under this partcontrol of discharge or emission of harmful substances or dumping at sea10(2) for the purpose of ensuring that the provisions of this section have been compliedwith, the central government may, either at the request of the owner or otherwise, arrange for the survey of the hull, equipment or machinery of any vessel by a surveyor and, if found fit, shall issue a certificates in accordance with the provisions of this act and rules made there under in such form and for such duration subject to such conditions as may be prescribed15(3) the central government may take all steps to prevent the pollution of the sea bythe dumping of waste and other matter by vessels that is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea132 every vessel shall, subject to such conditions as may be prescribed, comply with the provisions of the following convention, as applicable, namely:—(a) the marpol convention;20(b) the anti-fouling systems convention;requirements of prevention and containment of pollution and response(c) the ballast water management convention; (d) any other pollution prevention convention or agreement or treaty to whichindia is a party:25provided that the vessel, to which the provisions of the above conventions are notapplicable, shall comply with such pollution prevention requirements as may be prescribed:provided further that the vessel shall possess such different types of certificates and documents depending on the type, size, nature and area of operation of the vessel as may be prescribed30133 no vessel shall proceed to sea unless there is in force in respect of such vessel thecertificates required under the convention or agreement or treaty referred to in section 132vessel not to proceed to seawithout validpollution prevention certificatesrecord books134 (1) every indian vessel shall maintain such books of record in such form and manner as may be prescribed35(2) the manner in which record books shall be maintained, the nature of entries to bemade therein, the custody and disposal thereof , and all other matters relating thereto shall be such as may be prescribedreception facilities135 (1) the port, shipyard, ship breaking yards, ship repair unit, offshore facilities and terminals taking into account the international standards, shall provide such reception facilities and surveillance, supervision and guidance thereof as may be prescribed40(2) the central government may give directions to be compiled with by the portauthorities, shipyard, ship breaking yards ship repair unit, offshore facilities and terminals to take appropriate measures in its territory to require that wastes generated during operation, repair and re-cycling of vessel are collected, handled, treated and disposed of in a safe and environmentally sound manner, to protect human health and the environment45(3) notwithstanding anything contained in any other law for the time being in force, inrespect of every port or place in india, the powers of the port authority or such persons under whose supervision such place is operated shall include the power to provide reception facilities in accordance with the requirements of the convention(4) a port authority providing reception facilities or a person providing such facilities by arrangement with the port authority, may impose charges for the use of the facilities at such rates and may impose such conditions in respect of the use thereof as may be notified by the central government in respect of the port510(5) where the central government is satisfied that there are no reception facilities at any port, shipyard, ship breaking yards, ship repair unit, offshore facilities and terminals in india or that the facilities available at such port or place are not adequate for enabling vessel calling at such port or place to comply with the requirements of the convention, the central government, may direct, by order in writing, such authority to provide or arrange for the provision of such reception facilities as may be specified in the order15136 (1) when an incident in which the cargo or harmful substances, as covered under this part or the pollution prevention convention is escaping or likely to escape from a vessel and may cause or threaten to cause pollution of air, any part of coasts or coastal waters of india, the master of every vessel shall report the particulars of such incident to such authority in such manner as may be prescribedpowers to take measures for prevention or containment of pollution and reporting of incidents(2) the vessel referred to in sub-section (1) being abandoned, or a report from such vessel being incomplete, the central government shall fix the responsibility on the master of that vessel20(3) where the central government is satisfied that the cargo or harmful substances as covered under this part or the pollution prevention convention is escaping or likely to escape and may cause or threaten to cause pollution of air, any part of coasts or coastal waters of india, it may direct the owner, agent, master, charterer, operator, lessee or licensee of the vessel by notice served on him, to take following action, namely:-25(a) to prevent the escape of harmful substances from the vessel, as may be specified in such notice;(b) to remove the cargo or oil or noxious liquid substance or harmful substance from the vessel, in such manner and to such place, if any, as may be specified in the notice;(c) to remove the vessel to a place, if any, as may be specified in the notice;30(d) to remove the cargo or oil or noxious liquid substance or harmful substance slicks on the surface of the sea in such manner, if any, as may be specified in the notice; and(e) to prohibit the removal of the vessel including any cargo or stores therein,from a place specified in the notice35(4) notwithstanding anything contained in sub-section (3), the central government may, if it is of the opinion that the pollution caused or likely to be caused by release of harmful substances has or may present a grave and imminent danger to the coastline or related interest from pollution or threat of pollution, proceed to take such measures as may be deemed necessary to prevent, mitigate or eliminate such threat or danger and any measures so taken shall be deemed to have been taken under this section40(5) where any person fails to comply, or fails to comply in part, with any notice served on him under sub-section (3), the central government may, whether or not such person is convicted of an offence under this part by reason of his having so failed to comply, cause such action to be taken as it may deem necessary for,—45(a) carrying out the directives given in the notice issued under sub-section (1);and(b) containing the pollution already caused or preventing the pollution threatened to be caused, of any part of the coast of india by any harmful substance escaped or threatening to escape from the vessel5(6) subject to the provisions of this part any expenditure or liability incurred by the central government in, or by reason of, the exercise of powers under sub-section (4) in relation to any vessel in respect of which a notice had been issued under sub-section (3), shall be a debt due to the central government by the person or persons on whom the notice was served and may be recovered from that person, or as the case may be, from all or any of those persons and shall be a charge upon all or any vessel owned by that person or persons which may be detained by the central government until the amount is paid10(7) notwithstanding anything contained in sub-sections (3) to (6), to prevent, mitigate or eliminate grave and imminent danger to the coastline or related interests from pollution or threat of pollution following upon a maritime casualty or acts relating to such casualty on the high seas which may reasonably be expected to result in major harmful consequences to the indian coastal water, the central government shall take such measures as may be necessary1580 of 1976(8) the central government may make national or regional arrangement system for responding promptly and effectively to pollution incidents occurring within the zones under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force20137 (1) where for the purposes of taking any measures under sub-section (1) of section 136, the central government or any other officer authorised by it in this behalf may, if deems necessary so to do, direct, by an order in writing, the owner of any indian vessel, tug, barge or any other equipment, to provide such services or assistance as may be specified in that orderpower of the central government to give directions to certain vessels or persons to render certain service(2) the owner of any vessel, tug, barge or any other equipment with respect to which an order under sub-section (1) has been made shall be entitled to tariff rates of freight and charter hire, at reasonable rates having regard to current market conditions:25provided that where tariff rates of freight are not fixed or where there is any disputeabout reasonable rate of charter hire, the freight or, as the case may be, charter hire, shall be paid at such rates as may be fixed by the central government by an order in writing, subject to determination of reasonability of such rates of freight or charter hire by examining such witnesses, documents and accounts as it may deem necessary30power to make rules138 (1) the central government may, having regard to the provisions of the pollution prevention convention, make rules to carry out the purposes of this part(2) in particular, and without prejudice to the generality of the provisions of sub-section (1), such rules may provide for all or any of the following matter, namely:-35(a) the form and period of the certificate and conditions on which a certificatemay be issued under sub-section (2) of section 131;(b) the conditions to comply the provisions of the conventions undersection 132;(c) the pollution prevention requirements under first proviso to section 132;40(d) the different types of certificates and documents under second proviso tosection 132;(e) the form and manner of maintenance of record book under sub-section (1) ofsection 134;(f) the other matter relating to maintenance of record book under sub-section (2)of section 134;45(g) the reception facilities, surveillance, supervisions and guidance undersub-section (1) of section 135;(h) the manner and of reporting the incident to the authority under sub-section(1) of section 136; and(i) any other matter which is required to be or may be prescribed part viii5 survey, audit and certificationsurvey, audit and certification139 (1) every indian vessel, company, port facility, shipyard, ship breaking yard,ship repair unit, offshore facilities or terminals shall unless otherwise exempted be surveyed or audited for verification of compliance with such requirements as may be prescribed10(2) the central government, surveyor or any person authorised by it in this behalf may, if satisfied that any vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal has been surveyed or audited as per the requirements under the rules made under this act or as required by convention to the extent of applicability, issue the appropriate certificate or, as the case may be, documents in respect of such vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal15 20(3) notwithstanding anything contained in this act, where any survey, or, as the case may be, audit of a vessel, company, port shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal facility under this part has been completed, the owner, agent or master of such vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal shall not make or cause to be made any alteration in the structure, equipment, fittings, arrangements, material, systems or scantlings covered by the survey or audit without the prior written permission of the central government or any person authorised by it in this behalf25 30(4) if the central government or any person authorised by it has reason to believe that since the completion of last survey or audit, changes have been made to the structure, equipment, fittings, arrangements, material, systems or scantlings, or they have sustained any damage or are otherwise found insufficient, then the central government or any person authorised by it in this behalf may require that the vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal to be re-surveyed or audited to such extent as it may deem fit or may modify or revoke or suspend or cancel or surrender the certificates and documents in such manner as may be prescribed(5) subject to any exemption granted by the central government, no vessel shallproceed to sea unless the owner, or master, of the vessel holds onboard all the applicable certificates or documents as required under this act and the rules made thereunder35explanation— for the purposes of this part, the word "company" or "port facility"shall have the same meaning as assigned to it under clauses (a) or (b) of section 111,respectivelycertificates140 every vessel, company, port facility, shipyard, ship breaking yard, ship repairunit, offshore facilities or terminal shall, unless exempted, be in possession of such certificates as may be prescribed40power of surveyor141 (1) except otherwise provided, for the purposes of this act, a surveyor may, atany reasonable time, go on board a vessel, and may inspect or audit the vessel, and any part thereof, the structure, equipment, fittings, arrangements, materials, systems, scantlings, cargo, provisions, stores, her certificates, and certificates of the seafarers on board:45provided that he does not unreasonably hinder the operation of the vessel, orunreasonably detain or delay her from proceeding on any voyage(2) the owner, agent, master or every officer of the vessel shall afford to the surveyorall reasonable facilities for a survey, and provide all such information in respect of the vessel and her structure, equipment, fittings, arrangements, materials, scantlings, systems, cargo,provisions, stores, her certificates, and certificates of the seafarers, as the surveyor reasonably requirescompliance of provisions of convention5142 notwithstanding anything contained in sub-section (1) of section 139, every vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal shall be surveyed, audited and certified to confirm the compliance of requirements as specified in the following conventions, namely:—(a) the safety convention; (b) the marpol convention;10(c) the anti-fouling systems convention; (d) the ballast water management convention; (e) the load lines conventions; (f) the tonnage measurement convention, 1969; (g) the special trade passenger ships agreement, 1971 and its protocol;15(h) the convention on the international regulations for preventing collisions atsea, 1972;(i) the international convention on maritime search and rescue, 1979 (sar1979);(j) the maritime labour convention, 2006; or20(k) any other convention relating to survey, audit or certification:25provided that if every such vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal, as the case may be, is not covered under the provisions of the above conventions, such vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal, as the case may be, shall, for survey, audit and certification, comply with such requirements and in such manner as may be prescribed:provided further that different classes of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal shall be surveyed, audited or certified with such requirements in such manner as may be prescribed30recognition of certificates issued outside india143 a valid certificate issued under a convention in respect of a vessel other than anindian vessel by the government of the country to which the vessel belongs shall subject to such rules as the central government may make in this behalf, have the same effect in india as the corresponding certificates issued in respect of an indian vessel35144 (1) the central government may at the request of the government of a country to which convention applies cause an appropriate convention certificate to be issued in respect of a vessel registered or to be registered in that country, if it is satisfied in like manner as in the case of an indian vessel that such certificate can properly be issued and where a certificate is issued at such a request it shall contain a statement that it has been so issued| issue | of ||-----------------|---------|| certificate to | || foreign vessels | || in india and | || indian vessels | || in | foreign || countries | |40(2) the central government may request the government of a country to which the convention applies to issue an appropriate convention certificate in respect of a vessel registered or to be registered in india and a certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purpose of this act as if it had been issued by the central government145 (1) the central government may make rules to carry out the purposes of this partpower to make rules for this part45(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 requirements for verification of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal under sub-section (1) of section 139;5(b) the manner of requirements and the manner of survey, audit and certification of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal and modification, revocation, suspension, cancellation or surrender of the certificates and documents under sub-section (4) of section 139;(c) the certificates to be possessed by a vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal under section 140;10(d) the manner of compliance for survey, audit and certification under first proviso to section 142;(e) the requirement and manner of survey, audit and certification of different classes of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal under second proviso to section 142;15(f) any other matter which is to be required or may be prescribed part ix maritime liability and compensation chapter i collision, accident at sea and liability20146 this chapter shall apply to,—application of this chapter(a) indian vessel; and2580 0f 1976(b) any vessel other than an indian vessel while it is at a port or place in india including, the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in forceapportionment of liability147 (1) if the collision, damage, or loss is caused by the fault of one of the vessels, the liability to make good the damages attaches to the one who has committed the fault30(2) whenever by the fault of two or more vessels damage or loss is caused to one or more of them or to the cargo of one or more of them or to any property on board one or more of them, the liability to make good the damage or loss shall be in proportion to the degree in which each vessel was at fault:provided that—35(a) if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally;(b) nothing in this section shall operate so as to render any vessel liable for any loss or damage to which her fault has not contributed;40(c) nothing in this section shall affect the liability of any person under any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law45(3) for the purposes of this chapter, references to damage or loss caused by the fault of a vessel shall be construed as including references to any salvage or other expenses, consequent upon that fault, recoverable in any law for the time being in force by way of damagesdamages for personal injury148 (1) whenever loss of life or personal injuries are suffered by any person on board a vessel owing to the fault of that vessel or any other vessel or vessels, the liability of the owners of the vessels concerned shall be joint and several5(2) nothing in this section shall be construed as depriving any person of any right of defence on which, he might have relied in an action brought against him by the person injured, or any person entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relatesright of contribution10149 (1) whenever loss of life or personal injuries are suffered by a person on board a vessel owing to the fault of that vessel and of any other vessel, and a proportion of the damages is recovered from the owner of one of the vessels which exceeds the proportion in which she was in fault, the said owner may recover by way of contribution the amount of the excess from the owners of the other vessel or vessels to the extent to which those vessels were respectively in fault:15provided that no amount shall be so recovered which shall not, by reason of any statutory or contractual limitation of, or exemption from, liability, or which shall not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor20(2) in addition to any other remedy provided by law for the time being in force, the person entitled to any contribution under sub-section (1) shall, for the purpose of recovering the contribution, have subject to the provisions of this act, the same rights, and powers as the persons entitled to sue for damages in the first instance150 in every case of collision between two vessels it shall be the duty of the master or person in-charge of each vessel, in and so far as he can do so without danger to his own vessel, crew and passengers, if any,-duty of master of vessel to assist in case of collision25(a) to render to the other vessel, her master, crew and passengers, if any, suchassistance as may be practicable and may be necessary to save them from any danger caused by the collision and to stay by the other vessel until he has ascertained that she has no need of further assistance; and30(b) to give to the masters or persons in-charge of the other vessels the name ofhis own vessel and of the port to which she belongs and also the names of the ports from which she comes and to which she is boundcollision to be entered in official logbook35151 in every case of collision in which it is practicable so to do, the master of every vessel shall, immediately after the occurrence, cause a statement thereof and of the circumstances under which the same occurred to be entered in the official log book, if any, and the entry shall be signed by the master and also by the officer on watch or one of the seafarer40report to central government of accidents to vessels152 when an indian vessel has sustained or caused any accident occasioning loss of life or any serious injury to any person or has received any material damage affecting her seaworthiness or her efficiency either in her hull or is so altered in any part of her machinery as not to correspond with the particulars contained in any of the certificates issued under this act in respect of the vessel, the owner or master or agent shall, within twenty-four hours after the happening of the accident or damage or as soon thereafter as possible, transmit to the central government or the nearest principal officer a report of the accident or damage and of the probable cause thereof stating the name of the vessel, her official number, if any, her port of registry and the place where she is45notice of loss of indian vessel to be given to central government153 if the owner or agent of any indian vessel has reason, owing to the non-appearance of the vessel or to any other circumstance, to apprehend that the vessel has been wholly lost, he shall, as soon as conveniently may be, send notice, in writing, to the central government relating to the loss and the cause of such loss stating the name of the vessel, her official number, if any, and her port of registry50 chapter ii limitation of liability for maritime claims154 this chapter shall apply to,—application of this chapter(a) indian ship; and580 of 1976(b) any ship other than an indian ship while it is at a port or place in indiaincluding, the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force10155 (1) the shipowner or salvor or any person for whose act, neglect or default, theshipowner or salvor, or any such person, as the case may be, is responsible, and the insurer of liability for such claims, may limit his liability as provided,—limitation ofliability for damages in respect of certain claims15(a) claims of loss of life or personal injury or loss of or damage to propertyincluding damage to harbour works, basins and waterways and aids to navigation, occurring on board or in direct connection with the operation of the vessels or with salvage operations, and consequential loss resulting therefrom;(b) claims of loss resulting from delay in the carriage by sea of cargo, passengersor their luggage;20(c) claims of other loss resulting from infringement of rights other than contractualrights, occurring in direct connection with the operation of the vessel or salvage operations;(d) claims of the raising, removal, destruction or the rendering harmless of avessel which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such vessel;25(e) claims in respect of the removal, destruction or the rendering harmless of thecargo of the vessel;(f) claims of a person other than the person liable in respect of measures taken inorder to avert or minimise loss for which the person liable may limit his liability inaccordance with the convention, and further loss caused by such measures30(2) the claims set out under sub-section (1) shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise:provided that claims set out under clauses (d), (e) and (f) of sub-section (1) shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable35(3) nothing in this section apply to,—(a) claims for salvage, including, if applicable, any claim for special compensation under article 14 of the salvage convention, or contribution in general average;(b) claims for oil pollution damage under chapter iii of this part relating to civilliability for oil pollution damage;40(c) claims subject to any international convention or national legislationgoverning or prohibiting limitation of liability, for nuclear damage;(d) claims against the shipowner of a nuclear ship, for nuclear damage;(e) claims by servant of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependants or5other persons entitled to make such claims, if under the law governing the contract of service between the shipowner or salvor and such servants, the shipowner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided in the provisions of llmc convention or the rules made under this chapter explanation 1— for the purposes of this section the act of invoking limitation of liability shall not be an admission of liabilityexplanation 2— for the purposes of this chapter,—10(a) the liability of a shipowner shall include the liability in an action broughtagainst the ship herself;(b) "shipowner" means the owner, charter, manager or operator of a sea-goingvesselconduct barring limitation15156 a person liable under section 155 shall not be entitled to limit his liability if it isproved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss may probably resultcounter claims157 where a person entitled to limitation of liability under this chapter has a claim against the claimant arising out of the same occurrence, their respective claims shall be set off against each other and the provisions of this chapter shall only apply to the balance, if any20limits of liability158 (1) the limits of liability for claims other than those mentioned in section 159arising on any distinct occasion, shall be calculated in accordance with the provisions of llmc convention:provided that in cases where the provisions of the llmc convention are not applicable, the limit of liability shall be such as may be prescribed25(2) where the amount calculated in respect of claims for loss of life or personal injuryis insufficient to pay such claims in full, the amount calculated in respect of other claims shall be made available for payment of the unpaid balance of claims in respect of claims for loss of life or personal injury and such unpaid balance shall rank rateably with claims in respect of other claims30(3) without prejudice to the right of claims for loss of life or personal injury accordingto the provision of sub-section (2), the claims in respect of damage to harbour works, basins,waterways and aids to navigation shall have priority over other claims35(4) the limits of liability for any salvor not operating from any vessel or for any salvoroperating solely on the vessel to, or in respect of which he is rendering salvage services, shall be calculated according to a gross tonnage of 1,500limit for passenger claims159 in respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship the limit of liability of the shipowner thereof shall be such amount, as may be prescribed40explanation— for the purposes of this section, "claims arising in any distinct occasion for loss of life or personal injury to passengers of a ship " means any claim brought by or on behalf of any person carried in that ship,—(a) under a contract of passenger carriage; or (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods45aggregation of claims160 (1) the limits of liability determined in accordance with the provisions of section158 shall apply to the aggregate of all claims which arise on any distinct occasion, —(a) against the person or persons or any person for whose act, neglect ordefault he or they are responsible; or(b) against a shipowner rendering salvage services from that ship and the salvoror salvors operating from such ship and any person for whose act, neglect or default he or they are responsible; or5(c) against the salvor or salvors who are not operating from a ship or who areoperating solely on the ship to, or in respect of which, the salvage services are rendered and any person for whose act, neglect or default he or they are responsible10(2) the limits of liability determined in accordance with the provisions of section 159shall apply to the aggregate of all claims subject thereto which may arise on any distinct occasion against the shipowner in respect of the ship referred to in that section and any person for whose act, neglect or default he or they are responsible161 (1) limitation of liability may be invoked notwithstanding that a limitation fundas mentioned in section 162 has not been constitutedlimitation of liabilitywithoutconstitution of a limitation15(2) where an action is brought to enforce a claim subject to limitation, a person liablemay only invoke the right to limit liability if a limitation fund is or has been constituted in accordance with the provisions of this chapter when the right to limit liability is invoked162 (1) any person alleged to be liable may constitute a fund with the high court in which legal proceedings are instituted in respect of claims subject to limitationconstitution of limitation fund20(2) the fund shall be constituted in the sum of such of the amounts in accordance with the provisions of section 158 or section 159 as are applicable to claims for which that person may be liable, together with interest thereon from the date of occurrence giving rise to the liability until the date of the constitution of the fund(3) the fund constituted under sub-section (1) shall be,—(a) by depositing the amount calculated under section 158 or section 159 with the high court; or25(b) by producing a guarantee acceptable under any law for the time being inforce and considered to be adequate by the court(4) the fund so constituted shall be available only for the payment of claims in respect of which limitation of liability may be invoked30(5) the fund constituted by one of the persons referred to in section 161 or his insurer shall be deemed to be constituted by all persons mentioned in that sectiondistribution of the fund163 (1) subject to the provisions of sections 158 and 159, the fund shall be distributedamong the claimants in proportion to their established claims against the fund(2) if before the fund is distributed, the person liable or his insurer has settled a claim against the fund, such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this chapter35(3) the right of subrogation provided for in sub-section (2) may also be exercised by persons other than those mentioned therein in respect of any amount of compensation which they may have paid, but only to the extent that such subrogation is permitted under any law for the time being in force40(4) where the person liable or any other person establishes that he may be compelled to pay, at a later date, in whole or in part any such amount of compensation with regard to which such person would have enjoyed a right of subrogation pursuant to sub-sections (2) and (3) had the compensation been paid before the fund was distributed, the high court where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim against the fund45bar to other actions164 (1) where a fund has been constituted under section 162, any person havingmade a claim against the fund shall be barred from exercising any right in respect of suchclaim against any other assets of a person by or on behalf of whom the fund has been constituted5(2) after a fund has been constituted under section 162, any ship or other property,belonging to a person on behalf of whom the fund has been constituted, which has been arrested or attached for a claim which may be raised against the fund, or any security given, may be released by an order of the high court and such release shall always be ordered if the fund has been constituted with the high court administering the fund10(3) the provisions of sub-sections (1) and (2) shall apply only if the claimant may claim against the fund before the high court administering that fund and the fund is actually available and freely transferable in respect of that claimscope of application165 (1) the provisions of this chapter shall apply whenever any person referred to in section 155 seeks to limit his liability before the high court or seeks to procure the release of a ship or other property or the discharge of any security given within the indian jurisdiction:15provided that the person who at the time when the provisions under this chapter are invoked before any high court does not have his habitual residence in india or does not have his principal place of business in india or any ship in relation to which the right of limitation is invoked or whose release is sought and which does not at the time specified above fly the flag of a country, which is a party to the llmc convention, shall be excluded from invoking the provisions of this chapter20(2) the provisions of this chapter shall not apply to air-cushion vehicles or floating platforms constructed for the purpose of exploring or exploiting the natural resources of the sea-bed or the subsoil thereofpower to make rules166 (1) the central government may, having regard to the provisions of llmcconvention, make rules to carry out the purposes of this chapter25(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 limits of liability in cases where the provisions of llmc convention arenot applicable under proviso to sub-section (1) of section 158;30(b) the amount of limit of liability of the owner for loss of life or personal injuryto passengers of a ship under section 159;(c) any other matter which is required to be or may be prescribed chapter iii civil liability for oil pollution damage167 this chapter shall apply to,—application of this chapter35(a) pollution damage caused by,—(i) indian ship wherever it is; and4080 of 1976(ii) any ship other than an indian ship while it is at a port or place in india including, the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act,1976 or any other law for the time being in force; (b) preventive measures, wherever taken, to prevent or minimise such pollution damagedefinitions168 in this chapter, unless the context otherwise requires,—45(a) "incident" means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage;5(b) "oil" means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil whether carried on board a ship as cargo or in the bunkers of such a ship;(c)"owner" means,—(i) the person registered as the owner of the ship; or (ii) in the absence of registration, the person owning the ship; or10(iii) in the case of a ship owned by a country and operated by a companyof that country, the persons registered in that country as the operator of such ship;(d) "person" means any individual or partnership or any public or private body, whether corporate or not, including a state or any of its constituent sub-divisions;(e) "pollution damage" means,—15(i) loss or damage caused outside the ship by contamination resultingfrom the escape or discharge of oil from the ship, wherever such escape or discharge may occur:20provided that compensation for impairment of the environment other thanloss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and(ii) the costs of preventive measures and further loss or damage caused by preventive measures;(d)"preventive measures" means any reasonable measures taken by any person after an incident has occurred to prevent or minimie pollution damage;25(g) "ship" means any sea-going vessel and seaborne craft of any type whatsoeverconstructed or adapted for the carriage of oil in bulk as cargo:30provided that a ship capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard;(h) "state of the ship's registry" means in relation to registered ships thestate of registration of the ship, and in relation to unregistered ships the state whose flag the ship is flyingliability of owner35169 (1) save as otherwise provided in sub-sections (2) and (3) of this section, theowner of a ship at the time of an incident or where the incident consists of a series of occurrences, at the time of first of such occurrence, shall be liable for any pollution damage caused by the ship as a result of the incident(2) no liability for pollution damage shall attach to the owner, if he proves that the pollution damage,—40(a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or(b) was wholly caused by an act or omission done with intent to cause damage by a third party45(3) where the owner proves that the pollution damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the owner may be exonerated wholly or partially from his liability to such person(4) no claim for compensation for pollution damage may be made against the owner otherwise than in accordance with the provisions of this chapter(5) subject to sub-section (6), no claim for compensation for pollution damage under this chapter or otherwise may be made against,—5(a) the servants or agents of the owner or the members of the crew; (b) the pilot or any other person who, without being a member of the crew,performs services for the ship;10(c) any charterer (by whatever name called including a bareboat charterer),manager or operator of the ship;(d) any person performing salvage operations with the consent of the owner oron the instructions of a competent public authority;(e) any person taking preventive measures; (f) all servants or agents of persons mentioned in clauses (c), (d) and (e),15unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage may probably result(6) nothing in this chapter shall prejudice any right of recourse of the owner against third parties20joint and several liability for ships170 when an incident involving two or more ships occurs and pollution damageresults therefrom, the owners of all the ships concerned, unless exonerated under sub-section (3) of section 169, shall be jointly and severally liable for all such damage whichis not reasonably separablelimitation of liability171 (1) the owner may limit his liability under this chapter in respect of any incident,to an aggregate amount in accordance with the provisions of the 1992 liability convention25(2) the owner shall not be entitled to limit his liability under this chapter, if it is proved that the pollution damage resulted from his personal act or omission, committed or made with the intent to cause such damage, or recklessly and with knowledge that such damage may probably result30constitution of limitation fund172 (1)(a) any owner, desiring to avail of the benefit of limitation of his liability undersection 171, shall constitute a limitation fund (hereafter in this chapter referred to as fund) for the total sum representing his limits of liability in the high court(b) such fund may be constituted either by depositing the sum with the high court or by furnishing bank guarantee or such other security as, in the opinion of the high court, is satisfactory35(2) (a) the insurer or any other person providing financial security to the owner may apply to the high court for constitution of the fund under sub-section (1) and any fund so constituted shall have the same effect as if it were constituted by the owner40(b) such fund may be constituted even in cases where sub-section (2) of section 171applies but in any such event constitution of the fund shall not prejudice the rights of any claimant against the owner for full compensation exceeding the amount deposited or secured in the fund45(3) the amount in special drawing rights to be deposited or secured in the fund under sub-section (1) shall be converted in rupees on the basis of official value in rupees of the special drawing rights as determined by the reserve bank of india on the date of constitution of the fundacquisition of right for compensation by subrogation5173 (1) where, before the fund is distributed, the owner or any of his servants oragents or any person providing him insurance or other financial security has as a result of an incident paid compensation for pollution damage, such person shall upto the amount he has paid, acquire by subrogation the rights which the person so compensated may have enjoyed under this chapter10(2) where the owner or any other person establishes that he may be compelled to pay at a later date in whole or in part any such amount of compensation, with regard to which such person shall have enjoyed a right of subrogation under sub-section (1), had the compensation been paid before the fund was distributed, the high court where the fund has been constituted, may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim against the fund174 (1) the high court shall consolidate all claims against the fund including thosearising under section 173consolidationof claim anddistribution of fund15(2) any claim in respect of expenses reasonably incurred or sacrifices reasonablymade by the owner voluntarily to prevent or minimise pollution damage shall rank equally with other claims against the fund(3) subject to the provisions of sub-section (2) of section 173, the high court shall distribute the amount in the fund among all claimants in proportion to their established claims20compulsory insurance or other financial guarantee175 (1) the owner of every ship carrying more than 2000 tons of oil in bulk as cargoshall, in respect of such ship, maintain an insurance or other financial security to cover his liability for pollution damage under this chapter for the amount specified under the provisions of the 1992 liability convention25(2) in respect of every indian ship which maintains insurance or other financial securityunder sub-section (1), there shall be issued by the central government a certificate in suchform and giving such particulars as may be prescribed(3) on an application by the owner or agent of any foreign ship, the central governmentmay issue a certificate under sub-section (2) in respect of such foreign ship on productionof satisfactory evidence relating to maintenance of insurance or other financial security in accordance with the provisions of the 1992 liability convention30(4) for every certificate issued under sub-sections (2) and (3) there shall be chargedsuch fee as may be prescribed35acceptance of certificate issued outside india176 any certificate issued by a competent authority in any country outside india toa ship registered in that country or any certificate issued by a competent authority of any country which is a contracting party to the 1992 liability convention to any ship wherever it is registered, shall be accepted at any port or place in india as if it were issued under this act40177 (1) no indian ship, which has on board more than 2000 tons of oil in bulk as cargoshall enter or leave or attempt to enter or leave any port or place in india, unless it carries on board a certificate issued under sub-section (2) of section 175 or a certificate accepted undersection 176ban on entering or leaving an indian port without certificate45(2) no ship other than an indian ship carrying more than 2000 tons of oil in bulk ascargo, wherever registered, shall enter or leave or attempt to enter or leave any port or place in india, unless it carries on board a certificate issued under sub-section (3) of section 175 ora certificate accepted under section 176(3) no proper officer shall grant inward entry or outward clearance to any ship towhich sub-section (1) or, as the case may be, sub-section (2) applies, unless its master produces a certificate required under the respective sub-section178 (1) the insurer or other person providing financial security for the owner's liability for pollution damage may be directly liable for any claim for compensation for such damage5direct action against insurer or other person providing financial security(2) the insurer or other person referred to in sub-section (1) may, if the owner is notentitled to limit his liability in accordance with the provisions of section 171, avail himself such limits of liability as specified in that section10(3) any claim for compensation for pollution damage may be brought directly againstthe insurer or other person providing financial security for the owner's liability for pollution damage and in such cases the insurer or other person providing financial security may, even if the owner is not entitled to limit his liability in accordance with the provisions of section 171, avail himself such limits of liability as specified in that section15(4) the insurer or other person providing financial security may further avail himself of the defences (other than the bankruptcy or winding up of the owner) which the owner himself would have been entitled to invoke and the defendant may avail himself of the defence that the pollution damage resulted from the wilful misconduct of the owner himself, but the defendant shall not avail himself of any other defence which he might have been entitled to invoke in proceedings brought by the owner against him(5) the insurer or other person providing financial security shall in any case have the right to require the owner to be joined in the proceedings20(6) any sum provided by insurance or by other financial security maintained inaccordance with sub-section (1) of section 175 shall be available exclusively for the satisfactionof claims under this chapterlimitation period179 (1) rights of compensation under this chapter shall be extinguished unless anaction is brought within a period of three years from the date when the damage occurred:25provided that, no action shall be made for compensation after six years from the date ofthe incident which caused the damage(2) if incident consists of a series of occurrences, the period of six years shall start from the date of the first occurrencegovernment ships30180 nothing in this chapter shall apply to any ship of war or any ship for the timebeing used by the government of any country for purposes other than commercial purposespower to make rules181 (1) the central government may make rules to carry out the provisions of thischapter(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—35(a) the form of certificate and particulars to be given thereto under sub-section (2)of section 175;(b) the fees to be charged for issue of certificates under sub-section (4) ofsection 175;(c) any other matter which required to be or may be prescribed 40 chapter iv civil liability for bunker oil pollution damage182 this chapter applies to, —application of this chapter80 of 1976(a) pollution damage caused due to escape or discharge of bunker oil from every indian ship and from every ship other than an indian ship while it is,—45(i) within the territory including territorial sea of india; or80 of 19765(ii) at a port or a place in india or within the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force; (b) preventive measures, wherever taken, to prevent or minimise the pollution damage:10provided that this chapter shall not apply to warships, naval auxiliary or other vessels owned or operated by the government and used, for the time being, only on government non-commercial service:provided further that this chapter shall not apply to pollution damage specified in chapter iii of this partdefinitions183 in this chapter, unless the context otherwise requires,—15(a) "bunker convention" means the international convention on civil liability for bunker oil pollution damage, 2004;(b) "bunker oil" means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil;20(c) "civil liability convention" means the international convention on civil liability for oil pollution damage, 1992;(d) "incident" means any occurrence or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage;25(e) "person" means any individual or partnership or any public or private body, whether corporate or not, including a state or any of its constituent sub-divisions;(f) "pollution damage" means,—(i) loss or damage caused outside the ship by contamination resulting from the escape or discharge of bunker oil from the ship, wherever such escape or discharge may occur:30provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement undertaken or to be undertaken; and(ii) the costs of preventive measure and further loss or damage caused by preventive measures;35(g) "preventive measure" means any reasonable measures taken by any person after an incident has occurred to prevent or minimise pollution damage;(h) "registered owner" means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship, and, in the case of a ship owned by a state and operated by a company which in that state is registered as the ship's operator, "registered owner" shall mean such company;40(i) "ship" means any sea-going vessel and sea borne craft, of any type whatsoever;(j) "shipowner", means the owner, including the registered owner, bareboat charterer, manager or operator of the ship;45(k) "state of the ship's registry" means, in relation to a registered ship, the state of registration of the ship and, in relation to an unregistered ship, the state flag the ship is entitled to fly184 (1) save as otherwise provided in section 186,—liability for bunker oil pollution(a) where pollution damage is caused due to discharge or escape of bunker oilon board or originating from the ship, the shipowner shall be liable for,—(i) any pollution damage;5(ii) the cost of any reasonable measures taken for the purpose of preventingor minimising any pollution damage so caused or likely to be caused; and(iii) any damage caused by any such preventive measure so taken:10provided that where an incident consists of a series of occurrences havingthe same origin, the liability shall attach to the shipowner at the time of the first of such occurrences and where more than one person is liable, their liability shall be joint and several; (b) where there arises a grave and imminent threat of damage being causedoutside a ship, the shipowner shall be liable for the cost of any measures reasonably taken to prevent or minimise any such damage15(2) where any incident involving two or more ships occurs resulting in pollution damage, the shipowners of all ships involved in such incident shall, unless the damage is reasonably separable, be jointly and severally liable for such damage20(3) with respect to ships owned by the government or the government of any country and used for commercial purposes, the government or the government of each of such country shall be liable for pollution damage under this chapterexemption from liability185 (1) no liability for pollution damage shall be incurred by the ship owner under this chapter, if he proves that such damage,—(a) resulted from an act of war, hostilities, civil war, insurrection or a naturalphenomenon of an exceptional, inevitable and irresistible character; or25(b) was wholly caused by any act or omission done with an intent to cause suchdamage by any person other than an employee or agent of the owner30(2) if the shipowner proves that the pollution damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, then, he shall be wholly or partially exonerated from his liability to such person186 (1) the shipowner and the person providing insurance or other financial security shall be entitled to limit his liability under this chapter, in respect of any one or more incident, in accordance with the provisions of chapter ii of this partright of owner to limitation of liability35(2) the shipowner shall not be entitled to limit his liability if it is proved that the incident causing pollution damage occurred as a result of his personal act or omission, committed or made with intent to cause such damage, or recklessly and with knowledge that such damage may probably resultdetermination of limitation of liability40187 (1) where the shipowner is alleged to have incurred a liability under section 184, or his insurer, may make an application to the high court for determination of limitation of his liability(2) after receiving the application under sub-section (1), the high court may determine the amount of liability of shipowners and direct the shipowner or his insurer, as the case may be, to deposit such amount with the high court45188 the high court may consolidate all claims against the shipowner or his insurerwho has deposited the amount under section 187 and may distribute the amount amongst the claimantsconsolidation of claims and distribution of amount189 (1) the right to claim compensation under this chapter shall be extinguished if such claim is not made within a period of three years from the date of occurrence of damage:extinguishment of right to claimprovided that in no case, such claim may be made after six years from the date ofincident which caused such damage5(2) where the incident consists of a series of occurrences, the period of six years shallrun from the date of the first of such occurrence10190 every registered owner of a ship having gross tonnage of more than one thousand shall, for the purpose of his liability for pollution damage under this chapter, maintain compulsory insurance coverage or such other financial security, to the limits specified under the provisions of the llmc conventionmaintenance of compulsory insurance or other financial security191 (1) the insurer or other person providing financial security for the owner'sliability for pollution damage may be liable for any claim for compensation for such damage15(2) the insurer or other person referred to in sub-section (1) may, if the owner is not entitled to limit his liability in accordance with the provisions of section 184 may avail himself such limits of liability as may be prescribeddirect actionagainst insureror other person providing financial security20(3) any claim for compensation for pollution damage may be brought directly against the insurer or other person providing financial security for the registered owner's liability for pollution damage and in such a case, the insurer or such person may invoke defences (other than bankruptcy or winding up of the owner) which the shipowner would have been entitled to invoke, including limitation of liability pursuant to section 187:provided that where the shipowner is not entitled to limitation of liability under section187, the insurer or such person may limit the liability to an amount equal to the amount of the insurance or other financial security required to be maintained under sub-section (1):25provided further that the insurer or such person may invoke the defence that the pollution damage resulted from the wilful misconduct of the shipowner but shall not invoke any other defence which such insurer or person might have been entitled to invoke in proceedings brought by the shipowner against such insurer or person:provided also that the insurer or such person may make the shipowner as a party to such proceedings30issue of certificate192 (1) the central government shall issue a certificate in respect of every shipwhich maintains insurance or other financial security under section 190, in such form, containing such particulars and subject to such conditions and on payment of such fee, as may be prescribed35(2) every certificate issued under sub-section (1) shall be renewed after its expiry insuch manner and on payment of such fee as may be prescribed193 (1) no ship shall enter or leave or attempt to enter or leave any port or place towhich this chapter applies, unless it carries on board a certificate issued under section 192ban on entering or leaving port without certificate40(2) any certificate issued by a competent authority in any country outside india to aship registered in that country or any certificate issued by a competent authority of any country which is a contracting party to the bunker convention to any ship wherever registered, shall be accepted at any port or place in india as if it were issued under this act(3) no proper officer shall permit inward entry or outward clearance to any ship towhich sub-section (1) or sub-section (2) applies unless the master of the ship produces thecertificate referred to in that sub-section45right of recourse194 nothing contained in this chapter shall prejudice the right of recourse that theshipowner may have against any other person in respect of his liability195 (1) any judgment passed by a court shall be recognised in india except where, —(a) the judgment was obtained by fraud; orrecognition and enforcements of decision of the court5(b) the shipowner or the insurer or the person providing financial security whois a party to the proceedings was not given reasonable notice and a fair opportunity to present his case(2) any judgment passed by a court in accordance with the provision of the bunker convention under sub-section (1) shall be enforceable in india as soon as the procedures required have been complied with:provided that such procedure shall not permit the merits of the case to be re-opened10power tomake rules196 (1) the central government may make rules to carry out the provisions of this part(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:—15(a) the limits of liability of the insurer or other person providing financial security under sub-section (2) of section 191;(b) the form of certificate, the particulars containing therein with the conditions and fee for issue of certificate under sub-section (1) of section 192;(c) the manner of renewal of certificate and fees therefor under sub-section (2)of section 192;20(d) any other matter which is required to be or may be prescribed chapter v international oil pollution compensation fundapplication2580 of 1976197 this chapter shall apply to pollution damage caused in the territory, including the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, exclusive jurisdiction in regard to control of marine pollution under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force and to preventive measures, wherever taken, to prevent or minimize such damagedefinitions198 in this chapter unless the context otherwise requires,—30(a) "contributing oil" means crude oil and fuel oil; explanation—for the purposes of this clause,—35(i) ''crude oil'' means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation and includes crude oils from which certain distillate fractions have been removed (sometimes referred to as "topped crudes") or to which certain distillate fractions have been added (sometimes referred to as "spiked" or "reconstituted" crudes),40(ii) ''fuel oil'' means heavy distillates or residues from crude oil or blendsof such materials intended for use as a fuel for the production of heat or power of a quality equivalent to the ''american society for testing and materials' specification for number four fuel oil (designation d 396-69)'', or heavier(b) ''fund'' means the international oil pollution compensation fund,1992established by article 2 of the fund convention;(c) ''fund convention'' means the international convention on the establishment of an international fund for compensation for oil pollution damage, 1992;(d) ''guarantor'' means any person providing insurance or other financial security to cover an owner's liability in pursuance of paragraph 1 of article vii of the 1992 liability convention;5(e) ''incident'', ''oil'', ''organisation'', ''owner'', ''person'', ''pollution damage'',''preventive measures" or "ship" shall have same meaning as assigned to it in the 1992 liability convention;(f) ''ship's tonnage'' shall have the same meaning as assigned to in paragraph10 of article v of the 1992 liability convention;10(g) ''terminal installation'' means any site for the storage of oil in bulk which iscapable of receiving oil from waterborne transportation, including any facility situated off-shore and linked to such site;(h) ''ton'', in relation to oil, means a metric toncontribution to fund15199 (1) contribution to the fund, in respect of contributing oil carried by sea to portsor terminal installations in india, shall be payable in accordance with articles 10 and 12 of the fund convention(2) the provisions of sub-section (1) shall apply whether or not the contributing oil is imported, and notwithstanding that contributions are payable to the fund, in respect of carriage of the same contributing oil on a previous voyage20(3) the contributions shall also be payable to the fund in respect of contributing oil when first received in any installation in india after having been carried by sea and discharged in a port or terminal installation in a country which is not a fund convention country(4) the person liable to pay contributions to the fund shall be—(a) in case of contributing oil which is being imported into india, the importer; or (b) in any other case, the person by whom the oil is received in india25(5) a person shall not be liable to pay contributions to the fund, in respect of the contributing oil imported or received by him in any year if the quantity of contributing oil so imported or received in the year does not exceed one hundred and fifty thousand tons or as may be specified from time to time in the fund convention30explanation—for the purposes of sub-section (3) of this section, ''fund convention country'' means a country in which the fund convention is for the time being in force200 (1) the contributions payable to the fund by a person for any year shall be,—contribution payable bypersons to the fund(a) such amounts as may be determined by the assembly of the fund underarticles 10 and 12 of the fund convention;35(b) in such instalments, becoming due at such dates, as may be notified and ifany amount due from such person remains unpaid after the date on which it became due, it shall be from that due date bear interest at a rate determined by the said assemblyuntil it is paid40(2) the central government may require persons, who are or may be liable to paycontributions to the fund under section 199, to give financial security for payment of contributions to the central government or the fundliability of fund201 (1) where any person suffering pollution damage has been unable to obtain fulland adequate compensation for the damage under the provisions of 1992 liability convention, the fund shall be liable to pay compensation for pollution damage to such person if,—45(a) no liability for the damage arises in accordance with the provisions of the1992 liability convention;(b) the owner liable for the damage under the provisions of 1992 liabilityconvention is financially incapable of meeting his obligations in full and any financial security that may be provided under the convention does not cover or is insufficient to satisfy the claims for compensation for the damage;5(c) the damage exceeds the owner's liability under the provisions of 1992 liabilityconvention as limited pursuant therein(2) expenses incurred or sacrifices made by the owner voluntarily to prevent or minimize pollution damage shall be treated as pollution damage for the purposes of this section(3) the fund shall incur no obligation under sub-section (1) if,—10(a) it proves that the pollution damage resulted from an act of war, hostilities,civil war or insurrection or was caused by oil which has escaped or been discharged from a warship or other ship owned or operated by a state and used, at the time of the incident, only on government non-commercial service; or(b) the claimant cannot prove that the damage resulted from an incident involvingone or more vessel15(4) if the fund proves that the pollution damage resulted wholly or partly either froman act or omission done with the intent to cause damage by the person who suffered the damage or from the negligence of that person, the fund may be exonerated wholly or partly from its obligation to pay compensation to such person20(5) the fund shall in any event be exonerated to the extent that the vessel owner may have been exonerated under the provisions of 1992 liability convention:provided that there shall be no such exoneration of the fund with regard to preventive measurespower to call for information25202 (1) the central government may, for the purposes of transmitting to the fund, the names and addresses of the persons who under the provisions of section 197 are liable to make contributions to the fund every year and the quantity of contributing oil in respect of which they are so liable, by notice, require to any such person to furnish such information as may be specified therein(2) a notice under sub-section (1) may specify the manner in which, and the time within which, such notice shall be complied with30 35(3) in proceedings by the fund against any person to recover any amount due undersection 197, particulars contained in any list transmitted by the central government to thefund shall, so far as those particulars are based on information obtained under this section, be admissible as evidence of the facts stated in the list, and so far as particulars which are so admissible are based on information given by the person against whom the proceedings are brought, those particulars shall be presumed to be accurate until the contrary is proved(4) no person shall disclose any information which has been furnished to or obtained by him under this section unless the disclosure is made,—(a) with the consent of the person from whom the information was obtained; (b) in connection with the compliance of this section;40(c) for the purpose of any legal proceedings arising out of this section or of anyreport of such proceedings(5) a person who,—(a) refuses or wilfully neglects to comply with a notice under this section; or45(b) makes, while furnishing any information in compliance with a notice under this section, any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence punishable under this act203 (1) any claim against the fund for compensation under this chapter shall bebrought directly before the fundclaims against fund andjurisdiction of courts(2) any action for a claim against the fund shall be brought before the high court5(3) where an action for compensation for pollution damage has been brought againstthe owner or his guarantor before the high court each party to the proceedings may notify the fund of the proceedings(4) the fund shall have the right to intervene as a party to any legal proceedingsinstituted in the high court against the owner or his guarantor10(5) where such notice of proceedings has been given to the fund, any judgmentgiven in the proceedings shall, after it has become final and enforceable, become binding upon the fund to the effect that the facts and evidence in that judgment may not be disputed by the fund on the ground that it has not intervened in the proceedingsextinguishment of claims15204 notwithstanding anything contained in any other law for the time being in force,no action to enforce a claim against the fund under this chapter shall be entertained by a high court, unless,—(a) the action to enforce is commenced; or (b) notice of action to enforce a claim against the owner or his guarantor inrespect of the same pollution damage is given to the fund,within three years from the date when the damage occurred:20provided that no action to enforce a claim shall be brought after six years from the dateof the incident that caused such damagesubrogation and right of recourse25205 in respect of any sum paid by a public authority in india or the fund, as the casemay be, as compensation for pollution damage, that authority or the fund shall acquire by subrogation any rights which the person so compensated would have enjoyed under the fund conventionpower to make rules206 the central government may make rules to carry out the provisions of the fundconvention part x investigation and inquiries30marine casualties and report thereof207 (1) for the purposes of investigations and inquiries under this part, a marinecasualty shall be deemed to be an event, or sequences of events that has resulted in any of the following and has occurred directly by, or in connection with the operations of indian vessels and vessels other than indian vessels, when,—35(a) on or near the coast of india, any vessel is lost, abandoned, stranded ormaterially damaged;(b) on or near the coast of india, any vessel causes loss or material damage toany other vessel;(c) any loss of life or presumed loss of life, ensues by reason of any casualty happening, or otherwise, to or on board any vessel, on or near the coast of india;40(d) any loss of life or presumed loss of life, ensues by reason of any casualtyhappening, or otherwise, to an indian national on board any vessel, anywhere in the world;45(e) in any place, any such loss, abandonment, stranding, material damage or casualty as mentioned above occurs to or on board any indian vessel, and any competent witness thereof is found in india;(f) any indian vessel is lost or is supposed to have been lost, and any evidence is obtainable in india as to the circumstances under which she proceeded to sea or was last heard of;80 of 1976 5(g) in any place within the zones under the territorial waters, continental shelf,exclusive economic zone and other maritime zones act, 1976, pollution, or the potential threat of such pollution to the environment, or severe damage to the environment, or the potential to severe damage to the environment is caused of a vessel;10(h) a fire or explosion takes place on any indian vessel anywhere in the world, ora fire or explosion takes place on a vessel other than an indian vessel, while such vessel is on, or near, the coast of india(2) in the cases mentioned in sub-section (1), the owner, manager, operator, company, pilot, harbour-master, master, or other person in charge of the vessel, or, where two vessels are concerned, in charge of each vessel at the time of the marine casualty, as the case may be, shall, within twenty-four hours of the occurrence, give notice of the marine casualty to the officer appointed in this behalf by the central government15(3) wherever any such officer receives the notice of the marine casualty under sub-section (2), he shall forthwith report in writing the information to the central government and may proceed to make preliminary inquiry into the marine causalty and shall furnish the report on completion of independent inquiry into the incident20(4) the central government may, for the purposes of the investigation, appoint abody to conduct a marine safety investigation in accordance with the safety convention(5) the body appointed under sub-section (4) shall, make preliminary assessment of the marine casualty and conduct a marine safety investigation for ascertaining its causes and circumstances and submit its report to the central government25explanation— for the purposes of this part, the word ''company'' has the samemeaning as assigned to it in clause (a) of section 111208 on receipt of report under sub-section (5) of section 207 or otherwise, if the central government is of the opinion that prima-facie, there exists, incompetency, misconduct or violation of any law for the time being in force on part of any person, it may,—power of central government to initiate proceedings30(a) initiate administrative action; and(b) direct such officer or other authority having jurisdiction over the area toinitiate any proceedings, as may be required in accordance with the provision of any law for the time being in force35209 the central government may, by order, cancel or suspend any certificate granted under this act to any seafarer for any specified period,—power to cancel, suspend, etc, certificate of seafarers(a) if the inquiry report or investigation report reveals that the seafarer is incompetent or has been guilty of misconduct;(b) in a case of collision, the seafarer has failed to render assistance;40(c) if the seafarer has been convicted of any offence under this act or any nonbailable offence committed under any other law for the time being in force in india or outside india;(d) the casualty, if any, has been caused by wrongful act or default of the seafarer; or45(e) if the seafarer to whom the certificate has been granted contravenes any provisions of this act: provided that no order under this section shall be passed unless the person concerned has been given an opportunity of making a representation against such orderre-hearing210 whenever an investigation or inquiry has been made under this act, the central government may order the case to be re-heard either generally or as to any part thereof, and shall so order,—5(a) if new and important evidence which could not be produced at the time of investigation has been discovered; or(b) if for any other reason there has, in its opinion, been a miscarriage of justice part xi wreck and salvage chapter i10 wreckapplication of this chapter to wrecks80 of 1976211 this chapter shall apply to the wrecks located within the territory of india including the territorial sea or any marine areas adjacent thereto over which india has, or may hereafter have, exclusive jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976:15provided that this chapter shall not apply to,—(a) any measures taken under the international convention relating to the intervention on the high seas in cases of oil pollution casualties,1969;(b) any warship or other vessel owned or operated by the government for non-commercial servicedefinitions20212 in this chapter, unless the context otherwise requires,—(a) ''authority'' means the central government or any person authorised by it; (b) ''affected country'' means the country in whose convention area the wreck is located;25(c) ''convention'' means the nairobi convention on the removal of wrecks,2007;30(d) ''convention area'' means the exclusive economic zone of a state party, established in accordance with international law or, if a state party has not established such a zone, an area beyond and adjacent to the territorial sea of that state determined by that state in accordance with international law and extending not more than two hundred nautical miles from the baselines from which the breadth of its territorial sea is measured;(e) ''hazard'' means any condition or threat, that,—(i) poses a danger or impediment to navigation; or35(ii) may reasonably be expected to result in major harmful consequences to the marine environment, or damage to the coastline or related interests of india or any other country; (f) ''maritime casualty'' means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo;40(g) ''operator of the ship'' means the owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all duties and responsibilities established under the international safety management code;(h) ''receiver of wreck'' means a person appointed as such under sub-section (1)of section 213;(i) ''registered owner'' means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship at the time of the maritime casualty:5provided that in the case of a ship owned by a state and operated by a company which in that state is registered as the operator of the ship, "registered owner" shall mean such company;(j) ''related interests'', in relation to the interest of india directly affected or threatened by a wreck, means—10(i) maritime coastal, port and estuarine activities, including fisheriesactivities, constituting an essential means of livelihood of the persons concerned;(ii) tourist attractions and other economic interests of the areas concerned; (iii) the health of the coastal population and the well being of the areaconcerned, including conservation of marine living resources and of wild life; and15(iv) offshore and underwater infrastructure;(k) ''removal'' means any form of prevention, mitigation or elimination of the hazard created by a wreck, and the expressions "remove", "removed" and "removing" shall be construed accordingly;20(l) ''ship'' means a sea-going vessel of any type whatsoever and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and floating platforms, except when such platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources;(m) ''state of the ship's registry'' means,—(i) in relation to a registered ship, the country of registration of the ship; and25(ii) in relation to an unregistered ship, the country, under whose flag the ship is entitled to fly; (n) ''wreck'', in relation to maritime casualty, means —(i) a sunken or stranded ship;30(ii) any part of a sunken or stranded ship, including any object or goodsor cargo that is or has been on board such a ship;(iii) any object or goods or cargo that is lost at sea from a ship and that is stranded, sunken or adrift at sea;35(iv) a ship that is in distress or is about, or may reasonably be expected, tosink or to strand, where effective measures to assist the ship or any property in danger are not already being taken; or(v) a ship abandoned without hope or intention of recoveryexplanation— for the purposes of this sub-clause, any question as to whether the measures adopted to assist the ship or any property in danger are effectively being taken or not shall be decided by the director-general40receivers of wreck213 (1) the central government, may by notification, appoint any person to be thereceiver of wreck to receive and take possession of wreck and to perform such duties connected therewith as are hereinafter mentioned, within such limits as may be specified in that notification45(2) the receiver of wreck shall receive and take possession of wreck with all powers in respect thereof, including powers for disposal or sale of the wreck, power to give notices, power to enforce performance of obligations by owner, operator, insurer of the vessel, as provided in this chapter, and take such action as require to remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of maritime environmentduty to report wrecks5214 (1) when any indian ship has been involved in a maritime casualty resulting in awreck in any area to which this chapter applies, the master or owner or the operator of the ship shall, without any delay, report such incident to the receiver of wreck and the central government10(2) when any indian ship has been involved in a maritime casualty resulting in a wreck in a convention area of any country, the master and the operator of that ship shall, without any delay, report such incident to the affected country in such manner as may be required by that country and shall also report such incident to the central government15(3) when any ship other than indian ship has been involved in a maritime casualty resulting in a wreck in any area to which this chapter applies, the master and the operator of the ship shall, without any delay, report such incident to the receiver of wreck and the central governmentdetermination of hazard215 for determining as to whether a wreck poses a hazard or not, the following criteria shall be taken into account, namely:—(a) the type, size and construction of the wreck; (b) depth of the water in the area;20(c) tidal range and currents in the area; (d) proximity to protected areas including coral reefs and other areas as notifiedby the government;25(e) particularly sensitive sea areas identified and, as appropriate, designated inaccordance with guidelines adopted by the international maritime organisation, or a clearly defined area of the exclusive economic zone where special mandatory measures have been adopted in accordance with requirements of the united nations convention on the law of the sea, 1982;(f) proximity of shipping routes or established traffic lanes; (g) traffic density and frequency;30(h) type of traffic; (i) nature and quantity of the wreck's cargo, the amount and types of oil (such asbunker oil and lubricating oil) on board the wreck and, in particular, the damage likely to result if the cargo or oil is released into the marine environment;(j) vulnerability of port and port facilities;35(k) prevailing meteorological and hydrographical conditions; (l) submarine topography of the area; (m) height of the wreck above or below the surface of the water at lowestastronomical tide;(n) acoustic and magnetic profiles of the wreck;40(o) proximity of offshore installations, pipelines, telecommunication cables and similar structures;(p) proximity of tourist spots and heritage locations; and(q) any other circumstances that might necessitate the removal of the wrecklocating and marking ofwrecks216 (1) the central government may, if considers necessary, give directions to a receiver of wreck or any other person or authority including the director-general of light house or the port authority or a maritime board or indian coast guard, as the case may be, within their respective jurisdiction to locate or mark the wreck, or both5(2) when a wreck has been determined to be a hazard, it shall be the duty of the owner or the operator of such a vessel,—(a) to immediately mark the wreck at his or its own cost in such manner as may be prescribed; and(b) to maintain the marking until the wreck is removed10(3) the cost for locating and marking the vessel shall be borne by or recovered from the owner or the operator of such a vesselpower to pass over adjoining lands15217 (1) whenever a vessel is wrecked, stranded or in distress, all persons may, for the purpose of rendering assistance to the ship or of saving the lives of the shipwrecked persons, or of saving the cargo or equipment of the vessel, unless there is some public road equally convenient, pass and repass, either with or without vehicles or animals, over any adjoining lands without being subject to interruption by the owner or occupier, so that they do as little damage as possible and may also on the like condition, deposit on these lands any cargo or other article recovered from the vessel20(2) any damage sustained by an owner or occupier in consequence of the exercise of the rights under this section shall be a charge on the vessel, cargo or articles in respect of or by which the damage is sustained and in case of dispute, the amount payable in respect of such damage shall be determined by a magistrate on an application made to him in this behalf218 no person shall,—prohibition of certain acts in respect of wreck25(a) without the leave of the master, board or attempt to board any vessel which is wrecked, stranded or in distress, unless the person is, or acts by command of, the receiver of wreck; or30(b) impede or hinder or attempt in any way to impede or hinder the saving of any vessel stranded or in danger of being stranded or otherwise in distress in any area to which this chapter applies or of any part of the cargo or equipment of the vessel, or of any wreck; or(c) secrete any wreck or deface or obliterate any marks thereon; or(d) wrongfully carry away or remove any part of a vessel stranded or in dangerof being stranded or otherwise in distress, in any area to which this chapter applies, or any part of the cargo or equipment of the vessel or any wreck35search warrants where wreck is involved40219 where a receiver of wreck suspects or receives information that any wreck issecreted or is in the possession of some person who is not the owner thereof or that any wreck is otherwise improperly dealt with, he may apply to the nearest judicial magistrate of the first class or metropolitan magistrate, as the case may be, for a search warrant, and that judicial magistrate of the first class or metropolitan magistrate, as the case may be, shall have power to grant such warrant and the receiver of wreck by virtue thereof may enter any house or other place wherever situate and also any vessel and search for, seize and detain any such wreck found thereof220 (1) when it is determined that the wreck constitutes a hazard, the receiver of wreck shall give the detail information to the central government45measures to facilitate the removal ofwrecks(2) the central government, on receipt of information under sub-section (1), shall—(a) inform the government of the country of the vessel registry and the registeredowner of the vessel; and(b) consult the government of the country of the vessel registry and other countriesaffected by the wreck regarding measures to be taken in relation to such wreck (3) the registered owner of the vessel or, as the case may be, the operator of the vessel shall remove such wreck which has been determined to constitute a hazard:provided that where any dispute arises as to whether the wreck constitutes a hazard or not, the decision of the central government shall be final and binding on all parties5(4) when a wreck has been determined to constitute a hazard, the registered owner of the vessel or, as the case may be, any interested person shall provide to the central government or the receiver of wreck with the evidence of insurance or other financial security maintained by him in accordance with the provisions of this act10(5) the receiver of wreck shall, having regard to the nature of the hazard, set such time limit as may be prescribed for the owner of the vessel or its operator to remove the wreck15(6) if the owner of the vessel or its operator does not remove the wreck within the time specified under sub-section (5), the receiver of wreck may, at the expense of such owner or operator, remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment and the wreck or any sale proceeds derived from such wreck shall become the property of the central government20(7) where immediate action is required and the receiver of wreck has informed the owner of the vessel or the operator accordingly, he may, at the expense of such owner or operator, remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment| liability ||-----------------------------------------------------------------------------------------|| owner || 221 || (1) || the registered owner shall be liable for the costs of locating, marking and || removing the wreck under this chapter unless he proves that the maritime casualty which || caused the wreck,— || 25 || (a) || resulted from an act of war, hostilities, civil war, insurrection, or a natural || phenomenon of an exceptional, inevitable and irresistible character; or || (b) || was wholly caused by act or omission done with an intent to cause damage || by a third party; or || 30 || (c) || was wholly caused by the negligence or other wrongful act of any government || or other authority responsible for the maintenance of lights or other navigational aids || in the exercise of that function |(2) nothing contained in this chapter shall affect the right of the registered owner to limit his liability in accordance with the provisions of section 155(3) nothing contained in this part shall prejudice any right of recourse available to the registered owner against third parties35222 (1) every registered owner of an indian ship of gross tonnage three hundred and above shall, for the purpose of covering his liability under this chapter, be required to maintain compulsory insurance coverage or such other financial security, as may be prescribedmaintenance of insurance or other financial security40(2) every owner of a vessel or operator of a vessel other than an indian vessel of gross tonnage of three hundred and above, while it is in the area to which this chapter applies, shall maintain insurance coverage or other financial security to cover his liability under the convention and shall carry on board a certificate attesting that such insurance or other financial security is in force in accordance with the provisions of the convention(3) the certificate referred to in sub-section (2) shall, in case the vessel is,—45(a) an indian vessel, be issued by the authority; (b) registered in a convention country other than india, be issued by or under the authority of the government of that country; and(c) registered in a country which is not a convention country, be issued or certified by the appropriate authority authorised by any convention country (4) any vessel found contravening the provisions of sub-section (2) shall be liable to be detained by the authority5(5) any claim for costs arising under this chapter may be brought directly against theinsurer or other person providing financial security for the registered owner's liability and in such a case, the insurer or such person may invoke defences (other than bankruptcy or winding up of the registered owner) which the registered owner would have been entitled to invoke, including limitation of liability as provided under the provisions of this act:10provided that where the registered owner is not entitled to limitation of liability under theprovisions of this act, the insurer or such person may limit liability to an amount equal to the amount of the insurance or other financial security required to be maintained under sub-section (1):15provided further that the insurer or such person may invoke the defence that themaritime casualty resulted from the wilful misconduct of the registered owner but shall not invoke any other defence which such insurer or person might have been entitled to invoke in proceedings brought by the registered owner against such insurer or person:provided also that the insurer or such person shall have the right to require the registeredowner to be joined in such proceedings20exception to liability223 (1) the registered owner shall not be liable under this chapter for meeting thecosts referred to in sub-section (5) of section 222 if, and to the extent that, liability for suchcosts is in conflict with,—(a) any other chapter or provisions of this act;38 of 2010(b) the provisions of the civil liability for nuclear damage act, 2010; or25(c) any other applicable or binding international legal instrument which indiaadopts(2) where measures are taken under this chapter to the extent such measures are construed to be salvage under the provisions of section 229, the provisions of said section 229 shall apply for the purposes of remuneration or compensation payable to salvers3015 of 1908explanation—for the removal of doubts, it is hereby clarified that the provisions ofthis section shall be construed harmoniously with the provisions of the indian ports act, 1908 and in case of any ambiguity or conflict thereof, the provisions of the indian ports act, 1908 shall prevail35claims of owners to wreck224 (1) the owner of any wreck in the possession of the receiver upon establishinghis claim to the same to the satisfaction of the receiver within one year from the time at which the wreck came into the possession of the receiver shall, upon paying the salvage and other charges, be entitled to have the wreck or the proceeds thereof delivered to him40(2) where any articles belonging to or forming part of a vessel other than an indianvessel which has been wrecked or belonging to and forming part of the cargo of such vessel, are found in any area to which this chapter applies or are brought into any port in india, the consular officer of the country in which the vessel is registered or, in the case of cargo, the country to which the owners of the cargo may have belonged shall, in the absence of the owner and of the master or other agent of the owner, be deemed to be the agent of the owner, with respect to the custody and disposal of the articles45(3) where the owner of the wreck does not appear and claim the balance of theproceeds of sale within one year from the date of sale, the said balance shall become the property of the central government225 any claim for recovery of costs for locating and marking of the vessel under sub-section (3) of section 216 shall be made within a period of three years from the date of determination of the hazard:extinguishment of right toclaim recovery of costs5provided that no claim shall be made after six years from the date of the maritime casualty that resulted in the wreck:provided further that where the maritime casualty consists of a series of occurrences, the six years period shall run from the date of the first occurrence chapter ii salvage10226 (1) this chapter applies to judicial or arbitral proceedings relating to salvage operations in respect of a vessel or any other property, which are instituted in india:application of this chapter to salvageprovided that this chapter shall not apply to the fixed or floating platforms or to mobile offshore drilling units when such platforms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources:15provided further that this chapter shall not apply to warships or other non-commercial vessels owned or operated by the government which are entitled, at the time of salvage operations, to sovereign immunity(2) this chapter shall apply, notwithstanding that the vessel undertaking the salvage operations belong to the same owner of the vessel20227 in this chapter, unless the context otherwise requires,—definitions(a) ''damage to the environment'' means substantial physical damage to human health or to marine life of resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents;25(b) ''payment'' means any reward, remuneration or compensation due under the salvage convention;(c) ''property'' means any property not permanently and intentionally attached to the shoreline and includes freight at risk;(d) ''salvage convention'' means international convention on salvage, 1989;30(e) ''salvage operation'' means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or any other waters to which this chapter applies and includes,—(i) the raising, removal, destruction or rendering a vessel harmless which is sunk, wrecked, stranded or abandoned including anything that is or has been on board such vessel;35(ii) the removal, destruction or rendering the cargo of a vessel harmless; (iii) the measures taken to avert or minimise loss to a vessel or its cargo or both; and(iv) any other salvage services40(f) ''salvor'' means any person rendering services in direct connection with salvage operation;(g) ''vessel'' means any ship or craft, or any structure capable of navigationsalvage award228 every master who, renders assistance to any person in danger of being lost at sea, or to property, shall be paid a salvage award for such assistance229 (1) where services are rendered,—45(a) wholly or in part within the territorial waters of india in saving life from any vessel, or elsewhere in saving life from a vessel registered in india;salvage payable for saving life, cargo or wreck(b) in assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded or in distress at any place to which this chapter applies as specified in section 226; or5(c) by any person other than the receiver of wreck in saving any wreck, there shall be payable to the salvor by the owner of the vessel, cargo, equipment, a reasonable sum for salvage having regard to all the circumstances of the case (2) salvage in respect of the preservation of life when payable by the owner of the vessel shall be payable in priority to all other claims for salvage10230 where salvage operation are rendered by or on behalf of the government or by a vessel of the indian navy or of the coast guard or the commander or crew of any such vessel or the port authorities or any public authority, as the case may be, it shall be entitled to salvage and payment for such services as provided under this chapter and shall have the same rights and remedies in respect of those services as any other salvorsalvage operations controlled by government or port and public authorities salvage contracts15231 (1) subject to the provisions contained in section 232, this chapter shall apply to any salvage operation save to the extent that a contract otherwise provides expressly or by implication(2) the master shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel20(3) the master or the owner of the vessel shall have the authority to conclude such contracts on behalf of the owner of the property on board the vessel232 (1) the salvor shall have the following duties towards the owner of the vessel or other property in danger, namely:—duties of salvor, owner and master(a) to carry out the salvage operations with due care;25(b) to exercise due care to prevent or minimise damage to the environment during salvage operations;(c) to seek assistance from other salvors including port authorities or public authorities when circumstances so require; and(d) to accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or other property in danger:30provided that if it is found that such a request was unreasonable, it shall not prejudice the amount of reward of such salvor(2) the owner, master of the vessel or the owner of other property who is in danger shall have the following duties towards the salvor, namely:—35(a) to co-operate fully with the salvor during the course of the salvage operations;(b) to exercise due care to prevent or minimize damage to the environmentduring the salvage operations;(c) when the vessel or other property has been brought to a place of safety, toaccept redelivery when reasonably requested by the salvor to do so; and40(d) to provide satisfactory security for the claim, including interest and costs ofthe salvor for salvage operations, at the request of the salvor45233 (1) the central government shall take such measures as may be prescribed to protect its coastline or related interests from pollution or threat of pollution arising out of a maritime casualty or acts relating to such casualty which may result in major harmful consequencesrights and duties of central government in relation to salvage operations(2) the central government shall give such directions as it deems fit to the concerned vessel owner or the master or the salvor or a port authority or a public authority or any other person in relation to salvage operations5(3) the central government shall, for the purposes of efficient and effective salvage operations, saving life or property in danger and preventing damage to the environment, seek cooperation from the concerned vessel owner or the master or the salvor or a port authority or a public authority or any other person, to give assistance to vessel in need, to admit to ports of vessel in distress or in need of assistance and to give facilities to salvorsrights of salvors10234(1) a salvor shall have a right to payment for the services rendered by him relatingto salvage operations:provided that no such payment shall be made where there is express and reasonable prohibition from the owner or master of vessel or owner of any other property in danger15(2) the criteria for claiming rewards, the manner of fixing rewards, the payment of special compensation, the apportionment of payment amongst salvors, the salvage of persons, the payment under the contract, the payment for additional services not covered under the contract and the effect of misconduct of salvors on reward or payment under this chapter shall be such as may be prescribed20(3) the salvor shall have right to enforce his maritime lien against the owner or master of vessel or owner of any other property in danger when satisfactory security for his claim, including interest and costs, has not been provided by such personadjudication of disputes235 (1) a dispute relating to claims under this part shall be determined upon applicationmade by either of the disputing parties to the concerned high court25(2) where there is any dispute as to the persons who are entitled to the salvage amount under this section, the high court shall decide the dispute and if there are more persons than one entitled to such amount, the high court shall apportion the amount thereof, among such persons30(3) the cost of and incidental to all proceedings before the high court under this section shall be in the discretion of the high court and the high court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose aforesaid(4) the high court may, by interim order, direct that the salvor shall be paid such amount as may appear to it to be fair and just, upon such terms, including terms as to security, as may appear to it to be necessary, fair and just, according to the circumstances of each case35extinguishment of claims236 any action relating to payment under this chapter shall extinguish if no action forsuch claim is made within a period of two years from the date of completion of salvage operations237 nothing in this chapter shall affect,—savings40(a) any treaty or arrangement with any foreign country to which india is a partywith reference to the disposal of the proceeds of wrecks on their respective coasts; or15 of 1908(b) the provisions of section 29 of the indian ports act, 1908, or any person tosalvage in respect of any property recovered by creeping or sweeping in contravention of that section238 (1) the central government may make rules to carry out the provisions of this partpower to make rules respecting wreck and salvage(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the manner of marking wreck under clause (a) of sub-section (2) of section 216;(b) the time-limit to remove the wreck under sub-section (5) of section 220;5(c) the other financial security under sub-section (1) of section 222;(d) the measures to be taken to protect the coastline or related interests frompollution or threat of pollution under sub-section (1) of section 233;10(e) the criteria for claiming rewards, the manner of fixing rewards, the payment ofspecial compensation, the apportionment of payment amongst salvors, the salvage of persons, the payment under the contract, the payment for additional services not covered under the contract and the effect of misconduct of salvors on reward or payment under sub-section (2) of section 234;(f) any other matter which is required to be or may be prescribed part xii15 control of indian vessels and foreign vessels engaged in coasting trade239 this part shall apply to all vessels including vessels other than indian vesselapplication of this part licensing of vessels240 (1) no vessel, other than a vessel registered under this act shall engage in the coasting trade of india or exploration, exploitation or research in the coastal waters of india except under a licence granted by the director-general under sub-section (4)20(2) no other vessel chartered by a citizen of india or a company or a co-operative society other than vessel registered under this act shall be taken to sea from a port or place within or outside india except under a licence granted by the director-general under this section25(3) an indian controlled tonnage vessel may be granted a licence under this section subject to such conditions as may be specified by the director-general(4) a licence granted under this section may be—(a) a general licence;(b) a licence for the whole or any part of the coasting trade of india; or30(c) a licence for a specified period or voyage(5) a licence granted under sub-section (4), shall be in such form and shall be valid for such period as may be prescribed, and shall be subject to such conditions as may be specified by the director-general:35provided that the central government, if it is of the opinion that it is necessary or expedient in the public interest so to do, it may, by a general or special order, exempt any class of vessels from the provisions of this section241 (1) the director-general may, at any time if the circumstances of the case so require, revoke or modify a licence granted under section 240revocation, modification or surrender of licence40(2) no licence shall be revoked or modified under this section unless the person concerned has been given a reasonable opportunity of making a representation against such revocation or modification, as the case may be(3) when a licence granted under section 240 ceases to be valid, the person to whom it was granted shall, without unreasonable delay, return it or causes it to be returned to the director-general242 no proper officer shall grant a port clearance to a vessel not registered under this act in respect of which a licence is required under this part, until after the production of such a licence by the owner, master or agent of such vesselno port clearance until licence is producedpower to give direction5243 (1) the director-general may, if he is satisfied that in the public interest or in the interests of indian shipping it is necessary so to do, give, by order in writing, such directions as he thinks fit,—(a) in the case of a vessel which has been granted a licence under section 240, with respect to all or any of the following matters, namely:—(i) the ports or places, whether in or outside india, to which, and the routes by which, the vessel shall proceed for any particular purpose;10(ii) the diversion of any vessel from one route to another for any particular purpose;(iii) the classes of passengers or cargo which may be carried in the vessel;15(iv) the order of priority in which passengers or cargo may be taken on or put off the vessel at any port or place, whether in or outside india; (b) in the case of a vessel which has been granted a licence under section 240with respect to the order of priority in which passengers or cargo may be taken on the vessel at any port or place in india from which she is about to proceed for any port or place in india at which she is to call in the course of her voyage20(2) the director-general may, by notice, require,—(a) the owner, master or agent of any vessel in respect of which a licence granted under section 240; or(b) the owner, master or agent of any vessel in respect of which any directions have been or may be given under clause (b) of sub-section (1), to furnish within the period specified in the notice the information as to—25(i) the classes of passengers and cargo which the vessel is about to carry or is capable of carrying or has carried during any specified period;(ii) any other matter which may be prescribed30(3) notwithstanding anything contained in any other law for the time being in force, the central government may, in public interest, by an order in writing, give such directions as it may deem appropriate to ban any vessel from entering any port, anchorage or offshore facility in india 244 (1) if it appears to the central government,—35(a) that measures have been taken by or under the law of any foreign country forregulating or controlling the terms or conditions upon which goods or passengers may be carried by sea, or the terms or conditions of contracts or arrangements relating to such carriage; andpowers of central government to protect interests of indian shipping from undue foreign intervention40(b) that such measures, in so far as they apply to things done or, to be doneoutside the territorial jurisdiction of that country by persons carrying on lawful business in india, constitute an infringement of the jurisdiction which belongs to india, it may, by an order in writing, direct that this section shall apply to those measures either in whole or to such extent as may be specified in the order45(2) where an order issued under sub-section (1) is in force in relation to any measures, it shall be the duty of every person in india who carries on business consisting or comprising of the carriage of goods or passengers by sea to give notice to the central government of any requirement or prohibition imposed or threatened to be imposed on him pursuant to such measures so far as this section applies to him, including any requirement to submit any contract or other document for approval thereunder(3) where a notice under sub-section (2) is received from any person or there are grounds to believe that a notice is likely to be received, the central government may, by an order in writing, give to such person directions prohibiting compliance with any such requirement or prohibition as it considers proper for maintaining the jurisdiction of india510(4) if it appears to the central government that any person in india has been or may berequired to produce or furnish to any court, or authority of a foreign country any commercial document which is not within the territorial jurisdiction of that country or any commercial information to be compiled from documents not within the territorial jurisdiction of that country and that the requirement constitutes or may constitute an infringement of the jurisdiction which belongs to india, the central government may, by an order in writing, give directions to that person, prohibiting him from complying with the requirement except to such extent or subject to such conditions as may be specified in that orderpower to make rules245 (1) the central government may make rules to carry out the provisions of this part15(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 licence and the valid period of such licence under sub-section (5) of section 240;20(b) any other matters under sub-clause (ii) of clause (b) of sub-section (2) of section 243;(c) any other matter which is required to be or may be prescribed part xiii sailing, fishing and other vesselsapplication of part25246 (1) save as otherwise provided, this part shall apply to vessels of the following description, namely:—(a) sailing vessel; (b) fishing vessel; (c) vessel without mechanical means of propulsion;30(d) vessel whose net tonnage is less than fifteen and is engaged solely incoasting trade of indiaexplanation—for the purposes of this section, the words "net tonnage" means the measure of the useful capacity of a vessel determined in accordance with the rules made in this behalf(2) the provisions of this act, other than those contained in part i, part ii, part iii, part x, part xiv and this part, shall not apply to vessels under sub-section (1):35provided that the central government may, by notification direct that any other provisions of this act shall also apply to such vessels subject to such conditions, exceptions and modifications as may be specified in the notification40247 if any question arises whether a vessel falls under this part, it shall be decided by the director-general and his decision thereon shall be finaldecision on whether a vessel falls under this part248 (1) every vessel covered under this part shall be manned and carry on board such fittings, material, appliances and apparatus, for safety, security and prevention of pollution as may be prescribedrequirements for safety, security, prevention of pollution, and insurance45(2) every owner of the vessel covered under this part shall provide a policy of insurance for all persons employed as members of the crew of such vessel against death or personal injury caused by accident arising in the course of their employment, for an amount which shall not be less than the amount as may be notified(3) no vessel shall ply or proceed to sea unless it complies with the provisions under sub-sections (1) and (2)5249 (1) no vessel shall ply or proceed to sea unless there is in force in respect of thatvessel prescribed certificates granted under this part, the same being applicable to the voyage on which she is about to ply or proceedvessel not to proceed without valid certificates(2) every certificate shall be granted in such manner and shall be in force for such period as may be prescribed:10provided that where a vessel is not at a port at the time of expiry of the certificate, the owner, master, tindal or skipper of that vessel shall inform to the central government and the certificate shall continue to be valid until her first arrival at the next port after the expiry of such period15250 (1) every owner, master or tindal or skipper of a vessel shall maintain or cause to be maintained a statement of the crew of the vessel containing with respect to each member thereof in such form as may be prescribed, namely:—statement relating to crew of vessels to be maintained(a) his name; (b) the wages payable to him; (c) the names and addresses of his next-of-kin; (d) the date of commencement of his employment; and20(e) such other particulars as may be prescribed(2) every change in the crew of the vessel shall be entered in the statement under sub-section (1)25(3) a copy of such statement and of every change entered therein shall be communicated as soon as possible to the shipping masterinquiry to jettisoning of cargo30251 (1) if any owner, master or tindal or skipper of a vessel in the course of her voyage, has jettisoned or claims to have jettisoned the whole or any part of the cargo of the vessel on account of abnormal weather conditions or for any other reason, he shall immediately after arrival of the vessel at any port or place in india give notice of such jettisoning to the proper officer, and such notice shall contain full particulars of the cargo jettisoned and the circumstances under which such jettisoning took place(2) where the proper officer receives the notice under sub-section (1), he shall forthwith report in writing to the central government and may proceed to make an inquiry into the matter35detention of vessel by proper officer252 (1) any vessel attempting to ply or proceed to sea without free board markings or any vessel which has been so loaded as to submerge such markings or carrying persons in excess of the certified capacity, may be detained by a proper officer until the vessel complies with the rules made in this behalf40(2) except otherwise provided, for the purposes of this part, a proper officer may, at any reasonable time, go on board a vessel, and may inspect or audit the vessel, and any part thereof, the structure, equipment, fittings, arrangements, materials, systems, scantlings, cargo, provisions, stores, her certificates, and certificates of the crew on board:provided that the proper officer shall not unreasonably hinder the operation of the vessel, or unreasonably detain or delay her from proceeding on any voyage45(3) the owner, agent, master or every officer of the vessel shall afford to the proper officer all reasonable facilities for a survey or audit, and provide all such information in respect of the vessel and her structure, equipment, fittings, arrangements, materials, scantlings, systems, cargo, provisions, stores, her certificates, and certificates of the crew, as the proper officer reasonably requires5detention of unseaworthy vessels253 (1) if any vessel under this part, arrives in or proceeds from a port or place in indiain an unseaworthy condition or which is likely to pose a threat to the security on indian coasts or offshore installations, the vessel may be detained until the owner, master or tindal or skipper takes all reasonable measures to ensure the seaworthiness of the vessel10(2) nothing contained in sub-section (1) shall affect the liability of the person in charge of the vessel in respect of such unseaworthiness or threat to the security on indian coasts or offshore installations under any other provisions of this actpower toexempt15254 (1) notwithstanding anything contained in this part, the central government may, by order in writing and upon such conditions, if any, as it may think fit to impose, exempt any vessel or tindal, skipper or member of crew of such vessel or any class thereof, from any specified requirement contained in or prescribed in pursuance of this act or dispense with the observance of any such requirement in the case of any vessel or tindal, skipper or member of crew of such vessel or any class thereof if it is satisfied that the requirement has been substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the case20(2) where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-sectionpower to make rules255 (1) the central government may make rules to carry out the provisions of this part(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-25(a) the scale of manning and fittings, material, appliances and apparatus to be carried on board by indian vessel under sub-section (1) of section 248;(b) the certificates required to ply or proceed to sea by a vessel under sub-section (1) of section 249;30(c) the manner of granting of certificate and the period said certificate undersub-section (2) of section 249;(d) the form for maintaining a statement of the crew of the vessel under sub-section (1) of section 250;(e) any other matter which is required to be or may be prescribed35 part xiv penalties and procedurespenalties256 (1) any person who contravenes any provision of this act or fails to comply with any provision thereof, which it was his duty to comply with, shall be guilty of an offence committed under this act40(2) the offences mentioned in column (2) of the table below shall be punishable to the extent mentioned in column (4) of the said table with reference to such offence respectively45(3) any person who contravenes any provision of this act or fails to comply with any provision thereof, which it was his duty to comply with, shall be guilty of an offence, and if in respect of any such offence, no penalty is specially provided in sub-section (2), he shall be punishable with fine which may extend to fifty thousand rupees(4) the principal officer may, after giving the parties an opportunity of being heard, by order in writing, impose penalties as specified in column (4) of the said table5(5) any person aggrieved by the order under sub-section (4), may, within a period of thirty days from the date of receipt of such order, prefer an appeal before the director-general in such form and manner as the central government may specify in this behalf(6) the director-general may, after giving the parties an opportunity of being heard, within a period of thirty days from the date of receipt of the order under sub-section (5), pass appropriate order which shall be final and binding on all partiestable10 15serialoffencessectionpenaltiesby whomnoof thisthe offenceact totriable andwhichpenaltiesoffenceimposedhas referred(1) (2)(3) (4) (5)201if any person causes14 (1)imprisonment whichcourta vessel to proceed tomay extend to sixsea in contraventionmonths or fine whichof sub-section (1) ofmay extend to twosection 14lakh rupees, or both252if the owner of an17 (1)fine which mayprincipalindian vessel fails toextend to fiftyofficercomply with, orthousand rupeescontravenes, sub-section (1) of section 17303if any person contravenes20 (2)fine which mayprincipalsub-section (2) ofextend to fiftyofficer section 20thousand rupees4if the owner fails to deliver22fine which mayprincipalthe certificate of registryextend to fiftyofficerto the registrar as requiredthousand rupeesunder section 22355if any person contravenes24 (1)fine which may extendprincipalsub-section (1) of section 24to one lakhofficerrupees40456if an owner fails to make35fine which may extendprincipalan application forto fifty thousand rupees; officerregistering a new vesseland in addition, a fineor for registering anwhich may extend toalteration of a vesseltwo thousand rupeesunder section 35for everyday duringwhich the offence continues afterconviction| (1) | (2) | (3) | (4) | (5) ||--------------------------------|-------------------------------------|---------|--------------------|----------|| 5 | | | | || 7 | if any distinctive national | 40 | | || (1) | | | | || fine which may extend | principal | | | || colours except those | to two lakh rupees | officer | | || declared under | | | | || sub-section | | | | || (1) | | | | || of section 40 | | | | || are hoisted on board by | | | | || indian vessel | | | | || 10 | | | | || 8 | if any person acts in | 40 | | || (2) | | | | || fine which may extend | principal | | | || contravention of | to fifty thousand rupees officer | | | || sub-section | | | | || (2) | | | | || of section 40 | | | | || 15 | | | | || 9 | if any person contravenes | 40 | | || (4) | | | | || imprisonment which | court | | | || sub-section | | | | || (4) | | | | || of | may extend to two | | | || section 40 | years, or fine which | | | || may extend to two lakh | | | | || rupees, or both | | | | || 10 | if an owner or a master | 41 | imprisonment which | court || of an indian vessel | may extend to two | | | || contravenes section 41 | years, or fine which | | | || may extend to two lakh | | | | || rupees, or both | | | | || 20 | | | | || 25 | | | | || 11 | if any person in the case | general | imprisonment which | court || of any declaration made | may extend to six | | | || in the presence of, or | months, or fine which | | | || produced to, registrar | may extend to two | | | || under part iv or in any | lakh rupees, or both | | | || document or other evidence | | | | || produced to such registrar— | | | | || 30 | | | | || 35 | | | | || 35 | | | | || 40 | | | | || 45 | | | | || (i) | | | | || wilfully makes or | | | | || assists in making or | | | | || procures to be made, any | | | | || false statement concerning | | | | || the title to or owner vessel | | | | || of or the interest existing in | | | | || any vessel or any share | | | | || in a vessel; or | | | | || (ii) | | | | || utters, produces or | | | | || makes | use | of | any | || declaration or document | | | | || containing any such false | | | | || statement knowing the same | | | | || to be false | | | | || 12 | if the indian charterer fails to 49 | | | || (7) | | | | || fine which may extend | principal | | | || inform the registrar under | to two lakh rupees | officer | | || sub-section | | | | || (7) | | | | || of section 49 | | | | || 13 | if any person having | 51 | | || (2) | | | | || imprisonment which | court | | | || been engaged as one of | may extend to six | | | || the officers referred to | months or fine which | | | || in sub-section | | | | || (2) | | | | || of | may extend to two | | | || section 51 goes to sea | lakh rupees, or both | | | || as such officer without | | | | || holding a certificate | | | | || referred to in sub-section | | | | || (2) | | | | || of that section | | | | || (1) | (2) | (3) | (4) | (5) ||-------------------------------|-----------------------------|-----------|--------------------|-------------|| 5 | | | | || 14 | if any person conducts | 53 | | || (2) | | | | || imprisonment which | court | | | || training course in | may extend to two | | | || contravention of | years, or fine which | | | || sub-section | | | | || (2) | | | | || of section 53 | may extend to twenty | | | || lakhs rupees, or both | | | | || 10 | | | | || 15 | if any person obstructs | 53 | | || (3) | | | | || fine which may | principal | | | || authorised person under | extend to two lakh | officer | | || sub-section | | | | || (3) | | | | || of | rupees | | | || section 53 | | | | || 15 | | | | || 16 | if any person causes a | general | imprisonment which | court || vessel or fishing vessel | may extend to six | | | || to proceed to sea without | months or fine which | | | || the required certificate | may extend to two | | | || personnel | lakh rupees, or both | | | || 20 | | | | || 17 | if a master fails to comply | 55 | | || (1) | | | | || fine which may extend | principal | | | || with the requirement under | to fifty thousand rupees | officer | | || sub-section | | | | || (1) | | | | || of | and in addition, a fine | | | || section 55 | which may extend to | | | || five thousand rupees | | | | || for everyday during | | | | || which the offence | | | | || continues after | | | | || conviction | | | | || 25 | | | | || 18 | if any person contravenes | 63 | | || (4) | | | | || fine which may extend | principal | | | || sub-section | | | | || (4) | | | | || of section 63 | to two lakh rupees | officer | | || 30 | | | | || 19 | if any person contravenes | 66 | | || (2) | | | | || imprisonment which | court | | | || sub-section | | | | || (2) | | | | || of section 66 | may extend to one year | | | || | or fine which may | | | || extend to five lakh | | | | || rupees, or both | | | | || 35 | | | | || 20 | if any person contravenes | 66 | | || (3) | | | | || fine which may extend | principal | | | || sub-section | | | | || (3) | | | | || of section 66 | to two lakh rupees, for | officer | | || every seafarer engaged | | | | || in contravention to | | | | || section 66 | | | | || (3) | | | | || 21 | if any person,— | | | || 40 | | | | || (i) | | | | || is carried sea to work in | 66 | | | || (5) | | | | || fine which may extend | principal | | | || contravention of | to two lakh rupees for | officer | | || sub-section ( | | | | || 5 | | | | || ) of section 66,or | every seafarer engaged in | | | || contravention to | | | | || section 66 | | | | || (5) | | | | || | | | | || 45 | | | | || 50 | | | | || (ii) | | | | || is engaged to work in any | fine which may extend | principal | | || capacity in a vessel in | to fifty thousand rupees | officer | | || contravention of | for every seafarer engaged | | | || sub-section | | | | || (5) | | | | || of section 66 on | in contravention to | | | || a false representation by his | section 66 | | | || (5) | | | | || parent or guardian that the | | | | || young person is of an age | | | | || at which such engagement | | | | || is not in contravention of | | | | || that section | | | | || (1) | (2) | (3) | (4) ||-------------------------------|------------------------------|------------------------|------------------|| 5 | | | || 22 | if any person contravenes | 66 | || (6) | | | || fine which may extend | principal | | || sub-section | | | || (6) | | | || of section 66 | to two lakh rupees for | officer | || every seafarer engaged | | | || in contravention to | | | || section 66 | | | || (6) | | | || 10 | | | || 23 | if any person contravenes | 66 | || (7) | | | || fine which may extend | principal | | || sub-section | | | || (7) | | | || of section 66 | to two lakh rupees for | officer | || every seafarer engaged | | | || in contravention to | | | || section 66 | | | || (7) | | | || 15 | | | || 24 | if any person contravenes | 66 | || (8) | | | || fine which may extend to | principal | | || sub-section | | | || (8) | | | || of | two lakh rupees for every | officer | || section 66 | seafarer in respect of whom | | || the offence is committed | | | || 25 | if any person contravenes | 66 | || (9) | | | || fine which may extend | principal | | || of sub-section | | | || (9) | | | || of | to two lakh rupees for | officer | || section 66 | every offence | | || 20 | | | || 26 | if a master, owner or his | 67 | || (1) | | | || fine which may extend to | principal | | || agent carries any seafarer to | fifty thousand rupees for | officer | || sea in contravention | every seafarer in respect | | || sub-section | | | || (1) | | | || of section 67 | of whom the offence is | | || committed | | | || 27 | if any person,— | | || 25 | | | || (a) | | | || forges or fraudulently | general | imprisonment which may | court || alters any certificate of | extend to six months or | | || discharge or a certificate as | fine which may extend | | || to the work of a seafarer or | to two lakh, rupees, or | | || a continuous discharge | both | | || certificate or a copy of | | | || any such certificate; or | | | || 30 | | | || 35 | | | || (b) | | | || fraudulently uses any | | | || certificate of discharge or a | | | || certificate as to the work of | | | || a seafarer or a continuous | | | || discharge certificate or a | | | || copy of any such certificate | | | || which is forged or altered or | | | || does not belong to him | | | || 40 | | | || 28 | if a master or owner acts in | 73 | || (2) | | | || fine which may extend | principal | | || contravention | to one lakh rupees | officer | || sub-section | | | || (2) | | | || of section 73 | | | || 29 | if any master acts in | 73 | || (5) | | | || fine which may extend | principal | | || contravention | to fifty thousand rupees | officer | || sub-section | | | || (5) | | | || of section 73 | | | || (1) | (2) | (3) | (4) | (5) ||--------------------------------|------------------------------|------------------------------------|------------------------------------|--------------|| 5 | | | | || 10 | | | | || 30 | if a master fails to comply | 74 | fine which may extend | principal || with the provisions of this | to three times the value | officer | | || act with respect to taking | of the property not | | | || charge of the property or | accounted for or if such | | | || to making in the official | value is not ascertained, | | | || logbook the proper entries | to twenty thousand | | | || relating thereto or to the | rupees | | | || payment or delivery of | | | | || such property as required | | | | || under section 74 | | | | || 15 | | | | || 31 | if any person fails, without | 78 | fine which may extend | principal || reasonable cause, to comply | to twenty five thousand | officer | | || with any requisition under | rupees | | | || section 78 | | | | || 20 | | | | || 32 | if any person commits a | 83 | | || (9) | | | | || imprisonment which may | court | | | || breach of any term of any | extend to one month, or | | | || award which is binding | fine which may extend | | | || on him under | to two lakh rupees, or | | | || sub-section ( | | | | || 9 | | | | || ) of section 83 | both | | | || 25 | | | | || 33 | if a seafarer contravenes | 83 | | || (14) | | | | || | | | | || (a) | | | | || ; imprisonment which may | court | | | || clause | | | | || (a) | | | | || , | 83 | | | || (14)(b) | | | | || extend to one month, or | | | | || or an owner contravenes | fine which may extend to | | | || clause | | | | || (b) | | | | || , | fifty thousand rupees, | | | || of sub-section ( | | | | || 14 | | | | || ) of | or both | | | || section 83 | | | | || 30 | | | | || 34 | | | | || (a) | | | | || if any requirement | 88 | fine which may extend to principal | | || under section 88 is not | fifty thousand rupees | officer | | || complied within the | unless he can prove that | | | || case of any vessel; or | the non-compliance was | | | || not caused by his | | | | || in attention, neglect or | | | | || wilful default; | | | | || 35 | | | | || 40 | | | | || (b) | | | | || if any person obstruct the 88 | fine which may extend | principal | | || shipping master, survey or | to fifty thousand rupees | officer | | || or seafarer welfare officer, | unless he can prove | | | || indian consular officer or any | that the obstruction was | | | || other officer at any port in | caused without his | | | || the discharge of his duty | knowledge or connivance | | | || under section 88 | | | | || 35 | if a master fails, without | 90 | fine which may extend to principal | || reasonable cause, to | fifty thousand rupees | officer | | || comply with section 90 | | | | || 45 | | | | || 36 | if any person goes on | 92 | fine which may extend to principal | || board a vessel contrary | fifty thousand rupees | officer | | || to section 92 | | | | || 50 | | | | || 37 | if a master or seafarer | 93 | imprisonment which may | court || contravenes section 93 | extend to two years or | | | || fine which may extend | | | | || to five lakh rupees | | | | || (1) | (2) | (3) ||------------------------------|-------------------------|---------|| 5 | | || 10 | | || 15 | | || 20 | | || 38 | if a seafarer,— | 94 || (1) | | || | | || (a) | | || he shall be liable to | principal | || (a) | | || deserts his vessel | forfeit all or any part | officer || under clause | | || (a) | | || of | of the property leaves | || sub-section | | || (1) | | || of | on board and of the | || section 94; | wages has then earned | || and also if the desertion | | || takes place at any place | | || not in india, to forfeit | | || all or any part of the | | || wages which earn in | | || any other vessel in | | || which employed until | | || next return to india, | | || and to satisfy any | | || excess of wages paid | | || by the master or owner | | || of the vessel from which | | || deserts to any substitute | | || engaged in his place at a | | || higher rate of wages | | || than the rate stipulated | | || to be paid to him | | || 25 | | || 30 | | || 35 | | || (b) | | || contravenes clause | | || (b) | | || 94 ( | | || 1 | | || ) ( | | || b | | || ) he shall, if the | principal | || of sub-section | | || (1) | | || of | contravention does not | officer || section 94 | amount to desertion, be | || liable to forfeit out of his | | || wages a sum not | | || exceeding two days pay | | || and in addition for every | | || twenty-four hours of | | || absence either a sum not | | || exceeding six days' pay or | | || any expenses properly | | || incurred in hiring a | | || substitute | | || 39 | if a seafarer is guilty | || of the offence specified | | || in,— | | || 40 | | || (i) | | || clause | | || (a) | | || of section 95; | 95 | || (a) | | || forfeiture out of his | principal | || wages of a sum not | officer | || exceeding one month's | | || pay; | | || 45 | | || (ii) | | || clause | | || (b) | | || of section 95; | 95 | || (b) | | || forfeiture out of his | principal | || wages of a sum not | officer | || exceeding two days' | | || pay; | | || (1) | (2) | (3) | (4) | (5) ||-----------------------------|-------------------------------|---------|-----------------------|------------|| 5 | | | | || 10 | | | | || (iii) | | | | || clause | | | | || (c) | | | | || of section 95; | 95 | | | || (c) | | | | || imprisonment which | court | | | || may extend to one month | | | | || and also for every | | | | || twenty-four hours of | | | | || continuance of such | | | | || disobedience or neglect, | | | | || forfeiture out of his wages | | | | || of a sum not exceeding six | | | | || days' | pay | or | any | || expenses which may have | | | | || been properly incurred in | | | | || hiring a substitute; | | | | || 15 | | | | || (iv) | | | | || clauses | | | | || (d) | | | | || and | | | | || (e) | | | | || of | 95 | | | || (d) | | | | || imprisonment which may | court | | | || section 95; | and 95 | | | || (e) | | | | || extend to three months, | | | | || or fine of fifty thousand | | | | || rupees which may | | | | || extend to one month's | | | | || pay or both; | | | | || 20 | | | | || 25 | | | | || (v) | | | | || clause | | | | || (f) | | | | || of section 95; | 95 | | | || (f) | | | | || forfeiture out of his | court | | | || wages of a sum equal | | | | || to the loss sustained | | | | || and also imprisonment | | | | || which may extend to | | | | || three months; | | | | || 30 | | | | || (vi) | | | | || clause | | | | || (g) | | | | || of section 95 | 95 | | | || (g) | | | | || fine which may extend | principal | | | || to one lakh rupees but | officer | | | || nothing herein shall take | | | | || away or limit any other | | | | || remedy which any person | | | | || would otherwise have for | | | | || breach of contract or | | | | || refund | of | money | | || advanced or otherwise | | | | || 35 | | | | || 40 | if any master fails to comply | 98 | fine which may extend | principal || with section 98 | to one lakh rupees, or | officer | | || both | | | | || 40 | | | | || 45 | | | | || 41 | if a seafarer on or before | general | fine which may extend | principal || being engaged wilfully | to fifty thousand | officer | | || and fraudulently makes | rupees | | | || a false statement of the | | | | || name of his last vessel | | | | || or alleged last vessel or | | | | || wilfully and fraudulently | | | | || makes a false statement | | | | || of his own name | | | | || 42 | if any person contravenes,— | | | || (a) | | | | || sub-section | | | | || (1) | | | | || of | 104 | | | || (1) | | | | || fine which may extend | principal | | | || section 104; | to two lakh rupees | officer | | || (1) | (2) | (3) | (4) | (5) ||-----------------------------|------------------------------|---------|--------------------------|------------|| (b) | | | | || sub-section | | | | || (2) | | | | || of | 104 | | | || (2) | | | | || fine which may extend | principal | | | || section 104 | to two lakh rupees | officer | | || 5 | | | | || 43 | if any person goes to | 105 | | || (1) | | | | || imprisonment which | court | | | || sea in a vessel contrary | may extend to one | | | || to sub-section | | | | || (1) | | | | || of | month, or fine which | | | || section 105 | may extend to one lakh | | | || rupees, or both | | | | || 10 | | | | || 44 | if a master fails to deliver | 106 | fine which may extend | principal || the documents referred | to fifty thousand rupees | officer | | || to in sub-section | | | | || (1) | | | | || of | | | | || section 106 | | | | || 15 | | | | || 45 | if any person harbours | general | fine which may extend | principal || or secretes any deserter | to fifty thousand rupees | officer | | || knowing or having reason | | | | || to believe that he has | | | | || deserted | | | | || 20 | | | | || 25 | | | | || 46 | if any person wilfully | general | imprisonment which may | court || destroys or mutilates or | extend to one year | | | || renders illegible any entry | | | | || in any official logbook | | | | || or wilfully makes | | | | || or procures to be made | | | | || or assists in making a | | | | || false or fraudulent entry | | | | || in or omission from an | | | | || official logbook | | | | || 30 | | | | || 47 | if the vessel contravenes | 112 | the owner or master of | principal || section 112 | the vessel shall be liable | officer | | || to fine which may extend | | | | || to fifteen lakh rupees | | | | || and the vessel may also | | | | || be detained | | | | || 48 | if the master fails, without | | | || reasonable cause,— | | | | || 35 | | | | || (a) | | | | || to comply with sub- | 113 | | | || (1) | | | | || fine which may extend to | principal | | | || section | | | | || (1) | | | | || of section 113; | fifty thousand rupees | officer | | || (b) | | | | || to comply with | 113 | | | || (2) | | | | || fine which may extend | principal | | | || sub-section | | | | || (2) | | | | || of section 113 | to two lakh rupees | officer | | || 40 | | | | || 49 | if any person contravenes | 116 | fine which may extend | principal || section 116 | to fifteen lakh rupees | officer | | || and the vessel may also | | | | || be detained | | | | || 45 | | | | || 50 | if any vessel proceeds or | 117 | the master of the vessel | principal || attempts to proceed to sea | shall be liable to fine | officer | | || without carrying on board | which may extend to | | | || the information required | one lakh rupees | | | || by section 117 | | | | || (1) | (2) | (3) | (4) | (5) ||-----------------------------|------------------------------------|---------------------------|-------------------------|------------|| 5 | | | | || 10 | | | | || 15 | | | | || 20 | | | | || 51 | if an vessel other than a | 118 | | || (1) | | | | || the master or owner of | principal | | | || vessel exempted under | the vessel shall be liable | officer | | || part vi is loaded in | to fine which may extend | | | || contravention of | to four lakh rupees and | | | || sub-section | | | | || (1) | | | | || of section 118 | to such additional fine | | | || not exceeding twenty-five | | | | || thousand rupees for | | | | || every inch or fraction of | | | | || an inch by which the | | | | || appropriate load lines on | | | | || each side of the vessel | | | | || are submerged or would | | | | || have been submerged if | | | | || the vessel had been in salt | | | | || waters and had no list, as | | | | || the principal officer | | | | || thinks fit to impose, | | | | || having regard to the | | | | || extent to which the | | | | || earning capacity of the | | | | || vessel is or would have | | | | || been increased by reason | | | | || of the submersion: | | | | || 25 | | | | || 30 | | | | || 35 | | | | || provided that it shall be | | | | || a good defence for the | | | | || master or owner to prove | | | | || that a contravention was | | | | || due solely to deviation or | | | | || delay caused solely by | | | | || stress of whether or other | | | | || circumstance | which | | | || neither the master nor the | | | | || owner nor the charterer, if | | | | || any, could have prevented | | | | || or forestalled | | | | || 52 | if a vessel carries passengers 119 | the owner or master shall | principal | || in contravention of | be liable to fine which may | officer | | || section 119 | extend to two lakh rupees | | | || 40 | | | | || 45 | | | | || 50 | | | | || 53 | if the master owner or | general | imprisonment for a term | court || agent of a special general | which may extend to six | | | || trade passenger vessel, | months, or fine which | | | || after having obtained | may extend to fifty | | | || any of the certificates | thousand rupees, or both | | | || referred to in part vi, | | | | || fraudulently does or | | | | || suffers to be done anything | | | | || whereby the certificate | | | | || becomes inapplicable to | | | | || the altered state of the | | | | || vessel, or special trade | | | | || passengers other matters | | | | || to which the certificate | | | | || relates | | | | || (1) | (2) | (3) | (4) | (5) ||-----------------------------|-----------------------------|------------------------|--------------------------|------------|| 5 | | | | || 54 | if any person contravenes | 120 | fine which may extend | principal || section 120 | to fifteen lakh rupees | officer | | || and the vessel may | | | | || also be detained | | | | || 55 | if any person is guilty of | 121 | | || (1) | | | | || fine which may extend | court | | | || an offence under sub- | fifty thousand rupees | | | || section | | | | || (1) | | | | || of section 121 | | | | || 10 | | | | || 56 | if any person is guilty of | 122 | | || (1) | | | | || or imprisonment which may | court | | | || an offence under sub- | 122 | | | || (2) | | | | || extend to six months, or | | | | || section | | | | || (1) | | | | || or sub-section | fine which may extend | | | || (2) | | | | || of section 122 | to two lakhs rupees, or | | | || both | | | | || 15 | | | | || 57 | if a person sends or | 123 | imprisonment which may | court || attempts to send a | extend to one year, or | | | || vessel in contravention | fine which may extend | | | || of section 123 | to two lakhs rupees, | | | || or both | | | | || 20 | | | | || 58 | if any owner causes a | 124 | imprisonment which may | court || vessel to proceed to sea | extend to one year, or fine | | | || in unseaworthy condition | which may extend to two | | | || in contravention of | lakhs rupees, or both | | | || section 124 | | | | || 25 | | | | || 59 | if oil or oily mixture or | 131 | | || any other polluting | | | | || substance is discharged | | | | || in contravention of | | | | || section 131,— | | | | || 30 | | | | || | | | | || (a) | | | | || where such discharge | 131 | imprisonment which may | court | || is made from an indian | extend to six months and | | | || tanker anywhere into the | the owner or master of the | | | || sea; | tanker shall be liable to | | | || fine which may extend to | | | | || twenty five lakh rupees | | | | || 35 | | | | || | | | | || (b) | | | | || where such discharge | 131 | fine which may extend | principal | || is made from foreign tanker | to twenty five lakh | officer | | || anywhere within the coastal | rupees | | | || waters of india | | | | || 40 | | | | || 60 | if any person contravenes | 133 | fine which may extend to | principal || section 133 | fifteen lakh rupees and | officer | | || the vessel may also be | | | | || detained | | | | || 45 | | | | || 61 | if the master of a vessel | 134 | fine which may extend to | principal || fails to maintain records | fifty thousand rupees | officer | | || as required by section 134 | | | | || or contravenes any rule | | | | || made under that section | | | | || (1) | (2) | (3) | (4) | (5) ||-------------------------------|-----------------------------|---------|--------------------------|------------|| 5 | | | | || 62 | if the master of an indian | 136 | fine which may extend | principal || vessel or any person fails | to one lakh and fifty | officer | | || to comply with the rules | thousand rupees | | | || made or measure taken | | | | || under section 136 | | | | || 10 | | | | || 15 | | | | || 20 | | | | || 63 | if owner of any indian | 137 | the offender shall be | court || vessel, fails to comply | liable to penalty of | | | || with any order issued | imprisonment which | | | || under section 137 | may extend to six months | | | || or fine which may extend | | | | || to five lakh rupees, or | | | | || both and if the offence is | | | | || a continuing one, the | | | | || offender shall be liable to | | | | || a further fine which may | | | | || extend to fifty thousand | | | | || rupees per day for every | | | | || day during which the | | | | || offence continues after | | | | || conviction | | | | || 25 | | | | || 64 | if any person fails to | 140 | fine which may extend to | principal || posses the certificates | fifteen lakh rupees and the | officer | | || as required under | vessel may also be | | | || section 140 | detained | | | || 65 | if the master of a ship | 193 | fine which may extend to | principal || contravenes sub- | fifteen lakh rupees and | officer | | || section | | | | || (1) | | | | || of section 193 | the vessel may also be | | | || detained | | | | || 30 | | | | || 35 | | | | || 66 | if any person fails to | 207 | | || (2) | | | | || fine which may extend | court | | | || give notice under sub- | to fifty thousand rupees | | | || section | | | | || (2) | | | | || of section 207 | and in default of | | | || payments, simple | | | | || imprisonment which | | | | || may extend to three | | | | || months | | | | || 40 | | | | || 67 | if any person fails to | 214 | | || (1) | | | | || ; | fine which may extend to | court | | || report under sub-section | 214 | | | || (2) | | | | || ; | fifty thousand rupees and | | | || (1) | | | | || or sub-section | | | | || (2) | | | | || 214 | | | | || (3) | | | | || | in default of payments, | | | || or sub-section | | | | || (3) | | | | || of | simple imprisonment which | | | || section 214 | may extend to three months | | | || 45 | | | | || 68 | if any person contravenes | 216 | | || (2) | | | | || fine which may extend to | court | | | || sub-section | | | | || (2) | | | | || of section | two lakh rupees and in | | | || 216 | default of payment, simple | | | || imprisonment which may | | | | || extend to six months | | | | || 50 | | | | || 69 | if any person contravenes | 240 | | || (1) | | | | || or | imprisonment which may | court | | || sub section | | | | || (1) | | | | || or sub- | 240 | | | || (2) | | | | || extend to six months, or fine | | | | || section | | | | || (2) | | | | || of section 240 | which may extend to ten | | | || lakh rupees, or both and the | | | | || vessel may also be detained | | | | || (1) | (2) | (3) ||-----------------------------|-------------------------------|---------|| 5 | | || 70 | if any person to whom | 240 || (5) | | || fine which may extend to | principal | || a licence under sub-section | five lakh rupees and the | officer || (1) | | || or sub-section | | || (2) | | || of | vessel may also be | || section 240 has been | detained | || granted fails to comply | | || with the conditions under | | || sub-section | | || (5) | | || of section | | || 240 | | || 10 | | || 15 | | || 20 | | || 25 | | || 71 | | || (a) | | || if any directions given | 243 | || (1) | | || imprisonment which may | court | || under sub-section | | || (1) | | || of | extend to six months, or | || section 243 are not | fine which may extend to | || complied with; | fifty thousand rupees, or | || or | both | || (b) | | || if the owner, master or | 243 | || (2) | | || imprisonment which may | court | || agent on whom a notice | extend to six months, or | || has been served under | fine which may extend to | || sub-section | | || (2) | | || of section | fifty thousand rupees, or | || 243 fails to furnish the | both | || information required within | | || the time specified or | | || furnishing the information | | || makes any statement | | || which he knows to be | | || false on any material | | || particular | | || 72 | if any person contravenes | 244 || (3) | | || imprisonment which may | court | || sub-section | | || (3) | | || of section | extend to six months, or fine | || 244 | which may extend to fifty | || thousand rupees, or both | | || 30 | | || 73 | if an owner contravenes | 248 || (2) | | || fine which may extend to | principal | || sub-section | | || (2) | | || of section | one lakh rupees and the | officer || 248 | vessel may also be | || detained | | || 35 | | || 74 | if any person contravenes | 249 || (1) | | || fine which may extend to | principal | || sub-section | | || (1) | | || of section | one lakh rupees and the | officer || 249 | vessel may also be | || detained | | || 40 | | || 75 | if the owner, master, tindal | 250 || (1) | | || fine which may extend to | principal | || or skipper fails to comply | fifty thousand rupees | officer || with sub-section | | || (1) | | || of | | || section 250 | | || 45 | | || 76 | if the owner, master, tindal | 251 || (1) | | || imprisonment which may | court | || or skipper fails to comply | extend to three months, or | || with sub-section | | || (1) | | || of | fine which may extend to | || section 251 | fifty thousand rupees, | || or both | | || 50 | | || 77 | | || (a) | | || if any person is guilty | 263 | || (2) | | || imprisonment which may | court | || of an offence under sub- | extend to six months, or fine | || section | | || (2) | | || of section 263 | which may extend to two | || lakh rupees, or both | | || (1) | (2) | (3) | (4) | (5) ||-----------------------------------------------------------------------------------------------|----------------------------|---------|-----------------------|------------|| 5 | | | | || (b) | | | | || if the owner, master or | 263 | | | || (3) | | | | || fine which may extend | court | | | || his agent of vessel is guilty | to two lakh rupees | | | || of an offence under sub- | | | | || section | | | | || (3) | | | | || of section 263 | | | | || 78 | if any person acts in | 270 | | || (2) | | | | || fine which may extend to | principal | | | || contravention of sub- | fifty thousand rupees | officer | | || section | | | | || (2) | | | | || of section 270 | | | | || 10 | | | | || 79 | if any person contravenes | 272 | | || (2) | | | | || fine which may extend | principal | | | || security measures under | to five lakh rupees and | officer | | || sub-section | | | | || (2) | | | | || of section | the vessel may also be | | | || 272 | detained | | | || 15 | | | | || 80 | if any person is guilty of | 274 | | || (2) | | | | || fine which may extend | principal | | | || an offence under sub- | to one lakh rupees | officer | | || section | | | | || (2) | | | | || of section 274 | | | | || 81 | if any vessel is detained | general | fine which may extend | principal || under the provisions of | to fifteen lakh rupees | officer | | || this act for which no fine | | | | || is provided | | | | || 20 | | | | || place of trial | | | | || and | | | | || jurisdiction of | | | | || court | | | | || 257 | | | | || any person committing any offence under this act or any rules made thereunder, | | | | || may be tried for such offence before any place in which he may be found, or in any court | | | | || which the central government may, by notification, direct in this behalf, or in any court in | | | | || which he might be tried in any other law for time being in force | | | | || 2 of 1974 | | | | || 25 | | | | || special | | | | || provision | | | | || regarding | | | | || punishment | | | | || 258 | | | | || notwithstanding anything contained in section 29 of the code of criminal | | | | || procedure, 1973, it shall be lawful for a metropolitan magistrate or a judicial magistrate of | | | | || the first class to pass any sentence authorised by or under this act on any person convicted | | | | || of an offence under this act or any rules made thereunder | | | | || cognizance of | | | | || offence | | | | || 30 | | | | || 259 | | | | || the penalties to which the masters or owners of special trade passenger vessels | | | | || are made liable by section 256 shall be enforced only on a report made by the proper officer | | | | || in this behalf | | | | || offences by | | | | || companies | | | | || 260 | | | | || (1) | | | | || if the person committing an offence under this act is a company, every person | | | | || who, at the time the offence was committed, was in charge of, and was responsible to, the | | | | || company for the conduct of its business, as well as the company, shall be deemed to be | | | | || guilty of the offence and shall be liable to be proceeded against and punished accordingly: | | | | |35provided that nothing in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence40(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary, or any other officer of the company, such director, manager, secretary, or other officer shall also be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation— for the purposes of this section,—45(a) "company" includes a co-operative society, a firm or other association of individuals; and(b) "director" in relation to a firm means a partner in the firm5depositions to be received in evidence when witness cannot be produced261 (1) whenever, in the course of any legal proceeding under this act instituted at any place in india before any court or metropolitan magistrate or a judicial magistrate of the first class or before any person authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject-matter, and the defendant or the person accused, as the case may be, after being allowed a reasonable opportunity for so doing, does not produce the witness before any court or metropolitan magistrate or a judicial magistrate of the first class or person so authorised, any deposition previously made by the witness in relation to the same subject-matter before any court or metropolitan magistrate or a judicial magistrate of the first class in any other place in india or, if elsewhere, before any indian consular officer, shall be admissible in evidence,—10(a) if the deposition is authenticated by the signature of the presiding officer of any court or metropolitan magistrate or a judicial magistrate of the first class or consular officer, before whom it is made;15(b) if the defendant or the person accused had an opportunity by himself or has agent of cross-examining the witness;(c) if the proceeding is criminal, on proof that the deposition was made in the presence of the person accused20(2) it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed such deposition, and a certificate by such person that the defendant or person accused had an opportunity of cross-examining the witness, and that the deposition, if made in a criminal proceeding, was made in the presence of the person accused, shall, unless the contrary is approved, be sufficient evidence that he had that opportunity and that it was so made25power to detain foreign vessel that has occasioned damage30262 (1) whenever any damage has in any part of the world been caused to property belonging to the government or to any citizen of india or a company by a vessel other than an indian vessel and at any time thereafter that vessel is found within indian jurisdiction, the high court may, upon the application of any person who alleges that the damage was caused by the misconduct or want of skill of the master or any member of the crew of the vessel, issue an order directed to any proper officer or other officer named in the order requiring him to detain the vessel until such time as the owner, master or coassignee thereof has satisfied any claim in respect of the damage or has given security to the satisfaction of the high court to pay all costs and damages that may be awarded in any legal proceeding that may be instituted in rest of the damage, and any officer to whom the order is directed shall detain the vessel accordingly35 40(2) whenever it appears that before an application can be made under this section, thevessel in respect of which the applications to be made will have departed from india or the territorial waters of india, any proper officer may detain the vessel for such time as to allow the application to be made and the result thereof to be communicated to the officer detaining the vessel, and that officer shall not be liable for any cost or damages in respect of the detention unless the same is proved to have been made without reasonable grounds(3) in any legal proceedings in relation to any such damage aforesaid, the person giving security shall be made a defendant and shall for the purposes of such proceeding be deemed to be the owner of the vessel that has occasioned the damage45power to enforce detention of vessel263 (1) where under this act a vessel is authorised or ordered to be detained, any commissioned officer of the indian navy or indian coast guard or any port officer, pilot, harbour master, conservator of port or customs collector may detain the vessel under instruction of the proper officer(2) if any vessel after detention or after service on the master for any notice of, or order for, such detention proceeds to sea before she is released by any competent authority, the master of the vessel shall be guilty of an offence under this sub-section505(3) when a vessel so proceeding to sea takes to sea, when on board thereof in the execution of his duty any person authorised under this act to detain or survey the vessel, the owner, master or agent of such vessel shall each be liable to pay all expenses of, and incidental to, such person being so taken to sea and shall also be guilty of an offence under this sub-section10(4) when any owner, or master or agent is convicted of an offence under sub-section (3), the convicting court or metropolitan magistrate or a judicial magistrate of the first class, as the case may be, may inquire it and determine the amount payable on account of expenses by such owner, master or agent under that sub-section and may direct that the same shall be recovered from him in the manner provided for the recovery of fineslevy of wages, etc, by distress of movable property or vessel15264 (1) when an order under this act for the payment of any wages or other sums of money is made by any court or metropolitan magistrate or a judicial magistrate of the first class or other officer or authority, and the money is not paid at the time or in the manner directed, the sum mentioned in the order with such further sum as may be thereby awarded for costs, may be levied by distress and sale of the movable property of the person directed to pay the same under a warrant to be issued for that purpose by such a court or metropolitan magistrate or a judicial magistrate of the first class20 25(2) where any court or metropolitan magistrate or a judicial magistrate of the first class or other officer or authority has power under this act to make an order directing payment to be made of any seafarer's wages, fines or other sums of money, then if the person so directed to pay the same is the master, owner or agent of a vessel and the same is not paid at the time or in the manner directed by the order of the court or metropolitan magistrate or a judicial magistrate of the first class, or other officer or authority may, in addition to any other power it may have for the purpose of compelling payment by warrant, direct the amount remaining unpaid to be levied by distress and sale of the vessel and her equipment30265 if any vessel other than an indian vessel is detained under this act, or if any proceeding is taken under this act against the master, owner or agent of any such vessel, notice shall forthwith be served on the consular officer of the country in which the vessel is registered, at or nearest to the port where the vessel is for the time being, and such notice shall specify the grounds on which the vessel has been detained or the proceedings have been takennotice to be given to consular representative of proceedings taken in respect of foreign vesselservice of documents266 where, for the purpose of this act, any document is to be served on any person, that document may be served,—35(a) in any case by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode, or by post;(b) if the document is to be served on the master of a vessel, where there is one, or a person belonging to a vessel, by leaving the same for him on board that vessel, with the person being or appearing to be in command or charge of the vessel; and40(c) if the document is to be served on the master of a vessel where there is no master and the vessel is in india, on the owner of the vessel, or, if such owner is not in india, in some agent of the owner residing in india, or, where no such agent is known or can be found, by serving a copy thereof to the master of the vessel or by affixing at a suitable place on the bridge part xv45 miscellaneous267 the master of any vessel performing a voyage shall, on arrival, at the next port or place of call, intimate the proper officer, the date of any birth or death of any person occurring during the voyage and the cause of death or any other relevant details, as the central government may, by order, specify in this behalfbirth and death of persons on board vessel during a voyage268 (1) if any person dies on board or is missing from an indian vessel, the master shall forthwith inform to the director-general, and the proper officer of the port or the next port of call5inquiry into cause of death on board or person missing from indian vessel(2) on receipt of information under sub-section (1), the proper officer shall enquire into the cause of death and make in the official log book an endorsement to that effect, either that the statement of the cause of death in the book is in his opinion true, or the contrary according to the result of inquiry10(3) if, in the course of any such inquiry, it appears to the proper officer that a death has been caused on board the vessel by violence or other improper means, he shall either report the matter to the director-general or, if the emergency of the case so requires, shall take immediate steps for bringing the offender to trial45 of 1860269 the following persons shall be deemed to be public servants within the meaning of section 21 of the indian penal code, namely:—(a) every surveyor;certainpersons deemed to be public servants15(b) every person appointed under this act to report information as to shippingcasualties under part x;(c) every person authorised under this act to make any investigation or inquiryand all persons whom he calls to his aid;(d) every person directed to make an investigation into an explosion or fire on avessel; and20(e) every other officer or person appointed under this act to perform any functionsthereunder270 (1) every person who is empowered by this act to make an investigation or inquiry or to board, survey, inspect or detain a vessel,—25power of persons authorised to investigate, inquire, etc30(a) may go on board any vessel and inspect the same or any part thereof, or anyof the machinery, equipment or articles on board thereof, or any certificate of the master or other officer to which the provisions of this act or any of the rules made thereunder apply, not unnecessarily detaining or delaying the vessel from proceeding on any voyage, and if in consequence of any incident to the vessel or for any other reason it is considered necessary so to do, may require the vessel to be taken into dockfor the purpose of inspection or survey;(b) may enter and inspect any premises, the entry and inspection of whichappears to be requisite for the purpose aforesaid;35(c) may, by summons under his hand, require the attendance of all such personsas he thinks fit to call before him and examine them for the purpose aforesaid, and may require answers or returns to any enquiries he thinks fit to make;(d) may require and enforce the production of all relevant books, papers, ordocuments;40(e) may administer oaths or may in lieu of requiring or administering an oath,require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination; and(f) may muster the crew of any such vessel(2) no person shall hinder or obstruct any officer or person referred to in sub-section (1)from going on board any vessel or otherwise impede him in the execution of his duties or the exercise of his powers under this act455power to permit alternative provisions and arrangement271 where this act requires that provisions or arrangements for a vessel shall meetthe obligations under the convention the central government may, after satisfying itself based on the convention or its protocol or its amendments or by trials or otherwise, as effective as that so required, by an order, permit such other provisions or arrangements to be used or provided272 (1) no vessel provided with a nuclear power plant shall proceed to any port orplace in india including territorial waters thereof without permission of the central governmentcontrol of nuclear vessels and security measures(2) the central government may, by general or special order, issue such direction, asit deems fit, to the registered owners of the vessels, for taking such security measure as may be necessary10273 the central government may, by notification, direct that the provisions of thisact or any of them shall not apply to vessels belonging to the government or to any class of such vesselsexemption of public vessels,foreign andindian power to exempt15274 (1) notwithstanding anything contained in this act, the central governmentmay, by order in writing and upon such conditions, if any, as it may think fit to impose, exempt any vessel or tindal or seafarer or any class thereof, from any specified requirement contained in or prescribed in pursuance of this act or dispense with the observance of any such requirement in the case of any vessel or tindal or seafarer, or any class thereof if it is satisfied that the requirement has been substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the case:20provided that no exemption which is prohibited by the safety convention or pollutionprevention convention shall be granted under this sub-section(2) where an exemption is granted under sub-section (1) subject to any conditions, abreach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section25general power to make rules275 without prejudice to any other power to make rules contained elsewhere in thisact, the central government may make rules generally to carry out the provisions of this act276 (1) all rules made under this act shall be published in the official gazette andshall be subject to the condition of previous publicationprovisions with respect to rules30(2) in making a rule under this act, the central government may direct that a breachthereof shall be punishable with fine which may extend to fifty thousand rupees, and if thebreach is a continuing one, with further fine which may extend to five thousand rupees for every day after the first day during which the breach continues35 40(3) every rule made or notification issued 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 notification or both houses agree that the or notification rule should not be made, the rule or notification shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification277 no suit or other legal proceeding shall lie against any person for anything whichis in good faith done or intended to be done under this actprotection of persons acting under the act45278 the central government may enter into agreement with other countries ororganisations for effective implementation of the provisions of this actagreement with other countries removal ofdifficulties50279 (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 be necessary for removing the difficulty:provided that no such order shall be made under this section after the expiry of a period of three years from the commencement of this 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 xvi 5 repeals and savingsrepeal and savings44 of 1958 19 of 1838280 (1) the merchant shipping act, 1958 and the coasting vessels act, 1838 are hereby repealed(2) notwithstanding the repeal of any enactment by sub-section (1),-10(a) any notification, rule, regulation, bye-law, order or exemption issued, madeor granted under any enactment hereby repealed shall, until revoked, have effect as if it had been issued, made or granted under the provisions of this act;15(b) any office established or created, officer appointed and anybody elected orconstituted under any enactment hereby repealed shall continue and shall be deemed to have been established, created, appointed, elected, or constituted, as the case may be, under this act;(c) any document referring to any enactment hereby repealed shall be construedas referring to this act or to the provision of this act;20(d) any fine levied under any enactment hereby repealed may be recovered as ifit had been levied under this act;(e) any offence committed under any enactment hereby repealed may beprosecuted and punished as if it had been committed under this act;(f) any vessel registered under the merchant shipping act, 1958 hereby repealed shall be deemed to have been registered under this act;2544 of 1958(g) any mortgage of vessels recorded in any register book maintained at anyport in india under the merchant shipping act, 1958 any enactment hereby repealedshall be deemed to have been recorded in the register book under the corresponding provision of this act;30 35(h) any licence, certificate of competency or service, certificate of survey, a or bcertificate, safety certificate, qualified safety certificate, safety equipment certificate, exemption certificate, international or indian load line certificate or any other certificate or document issued, made or granted under any enactment hereby repealed and in force at the commencement of this act shall be deemed to have been issued, made or granted under this act and shall, unless cancelled under this act, continue in force until the date shown in the certificate or document, as the case may be;(i) any proceeding pending before any court under any enactment here byrepealed may be tried or disposed of under the corresponding provisions of this act;(j) the officers existing under the commencement of this act shall continue as if they have been established under this act;(k) any person appointed under or by virtue of any repealed enactment shall bedeemed to have been appointed to that office under or by virtue of this act;(l)any inspection, investigation or inquiry ordered to be done under theprovisions of any repealed enactment shall continue to be proceeded with as if such inspection, investigation or inquiry ordered to be done under the corresponding provisions of this act10 of 18975(3) the mention of particular matters in this section 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 repeals statement of objects and reasonsthe merchant shipping act, 1958 has been enacted to foster the development and ensure the efficient maintenance of an indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a national shipping board and a shipping development fund, to provide for the registration of indian ships and generally to amend and consolidate the law relating to merchant shipping the said act has been amended several times and now contains more than 560 sections2 internationally, merchant shipping industry has undergone various changes in recent years in order to meet the new challenges and promote 'ease of doing business', reforms are required to increase tonnage under indian flag and share of indian seafarers, safeguard the rights and privileges of seafarers, enhance the safety and security of vessels and life at sea, prevent marine pollution, provide for maritime liabilities and compensations, and to develop indian costal shipping and trade, etc3the coasting vessels act, 1838 is a legislation of british era which provides for registration of non-mechanically propelled vessels for a limited jurisdiction of saurashtra and kutch as it has been decided to bring the registration of all seagoing vessels under the law of merchant shipping, the coasting vessels act, 1838 will become redundant4 in order to ensure that old and redundant provisions of the laws are replaced with contemporaneous provisions, it has been decided to consolidate and amend the laws relating to merchant shipping to ensure compliance with the country's obligation under the international conventions and maritime treaties to which india is a party and also to ensure the efficient maintenance of indian mercantile marine in a manner best suited to serve the national interest5 in view of the above, it has become imperative to repeal the merchant shipping act, 1958 and the coasting vessels act, 1838 and to provide for contemporaneous, futuristic and dynamic legislation, namely, the merchant shipping bill, 2016 to meet the requirements of india as an emerging economy6 the merchant shipping bill, 2016, inter alia, seeks to provide for the following, namely:––(a) to register all seagoing vessels, whether propelled or not, including certain residuary category of vessels not covered under any statute;(b) to allow substantially-owned vessels and vessels chartered on bareboat charter-cum-demise (bbcd) contract by indian entities to be registered as indian flag vessels, to recognise indian controlled tonnage as a separate category, and dispense with the requirement for issuing licences to indian flag vessels for coastal operation, so as to facilitate augmentation of indian tonnage and promotion of coastal shipping;(c) to simplify and consolidate the regime for survey, inspection and certification of vessels which are scattered in various parts of the merchant shipping act, 1958 by placing them together, for convenience of the indian shipping industry;(d) to monitor the maritime education leading to grant of certificate of competency or certificate of proficiency in accordance with either the provisions of international convention or otherwise to impart quality education to prospective seafarers, and to facilitate indian seafarers to work onboard vessels with respective certificate and qualification;(e) to entitle the seafarers held in captivity of pirates to receive wages till they are released from captivity and reach home safely so as to ensure welfare of seafarers;(f) to make insurance compulsory for the crew engaged on vessels including fishing, sailing, non-propelled vessels and vessels whose net tonnage is less than fifteen and solely engaged in coasting trade of india, by the owner of the vessel;(g) to dispense with the requirement of signing of articles of agreement by the crew before the shipping master so as to facilitate early employment of seafarers;(h) to make provisions for security-related aspects with respect to vessels, which will enable identification and ensure coastal security;(i) to make provisions so as to give effect to seven conventions of international maritime organisation, namely, (i) the intervention convention, 1969, (ii) the search and rescue convention, 1979, (iii) the annex vi to the international convention on prevention of pollution from ships, (iv) the convention for control and management of ships ballast water and sediments, 2004, (v) the nairobi wreck removal convention, 2007, (vi) the salvage convention,1989 and (vii) the international convention for bunker oil pollution damage, 2001;(j) to repeal the coasting vessels act,1838 and the merchant shipping act,1958 7 the bill seeks to achieve the above objectivesnew delhi;nitin gadkari5 december, 2016 notes on clausesclause 1 –– this clause seeks to provide for short title and commencement of the bill clause 2––this clause seeks to provide for application of the bill it specifies the application of the bill to the vessels registered, vessels required to be registered and vessels other than preceding two categories it also specifies the extent of application of the bill to indian controlled tonnage vesselsclause 3–– this clause contains definitions of various expressions used in the billit defines the expressions, inter alia, "costs", "coasting trade of india", "convention","distressed seafarer", "family", "indian controlled tonnage vessel", "port of registry", "sailing vessel", "ship", "special trade", "vessel"clause 4––this clause seeks to provide for establishment of the national shipping board it provides for the composition of the board, consisting of six members of parliament; sixteen members to be appointed by the central government and equal number to be included in the board representing the ship owners and seafarers; and the term of its members, its power to advise the central governmentclause 5––this clause seeks to provide for the constitution of the seafarer welfare board to advise the central government on the measures for promoting the welfare of the seafarersclause 6–– this clause empowers the central government to appoint a person to be the director-general of shipping for the purposes of exercising or discharging the powers, authority or duties conferred on or imposed by under the provisions of the bill this clause also empower the central government to delegate its power to director-general and he may with the approval of the central government delegate his powers to other officer or authority and the officers appointed under the bill shall discharge their functions under the general superintendence and control of the director-generalclause 7–– this clause empowers the central government to appoint surveyors at such port or place as it may consider necessary it further empowers the central government to authorise any person or body of persons, as surveyor in case of cargo vesselclause 8–– this clause seeks to empower the central government to appoint radio inspectors relating to radio communicationclause 9–– this clause seeks to empower the central government to establish and maintain office of the mercantile marine department at the ports of mumbai, kolkata, chennai, kochi, kandla and such other ports or places in india for the administration of the provisions of the bill and the rules made thereunder it further provides that the office of the mercantile marine departments at the ports of mumbai, kolkata, chennai, kochi, kandla and any other port or place as notified by the central government shall be in the charge of the principal officer, and the office at any other port or place shall be in the charge of such officer as the central government may appoint in this behalfclause 10––this clause empowers the central government to establish shipping office and appoint shipping master and other officers as it may consider necessary it provides that if at any place such shipping office is not established then either the mercantile marine department, or port officer or any other office may conduct the business of shipping office it further provides that any act done by deputy shipping master, assistnat shipping master or any other officer in shipping office shall have the same effect as if done by the shipping masterclause 11–– this clause seeks to empower the central government to establish at every port a seafarer's employment office and shall appoint thereto a director and as many deputy directors and assistant directors as it may consider necessary it provides that all acts done by deputy director or assistnat director shall have the same effect as if done by the director himself it also provides that if at some port, seafarers employment office is not available then at such place the central government has power to appoint a person or body of persons to carry out the functions of the seafarer's employment office and such person or body of persons shall be deemed to be seafarers employment officeclause 12––this clause seeks to empower the central government to appoint seafarers welfare officer in any port or place outside india it specifies the duties which the seafarers welfare officer needs to perform it further provides that if any seafarer's welfare officer appointed at any port outside india performs any functions assigned to an indian consular officer, such functions shall have the same effect as if they had been performed by an indian consular officerclause 13–– this clause seeks to provide for application of part iii of the bill it provides for the application of the provisions of part iii to all sea-going vessels for the purposes of registration of vesselsclause 14–– this clause seeks to impose obligation for registration of every vesselit provides that every indian vessel shall be registered under part iii at such port or place of registry as may be notified by the central government it further provides that the vessels registered under the coasting vessels act, 1838, which has been proposed for repeal by this bill, shall be re-registered under the provisions of this bill within one year of coming into force of the bill and the vessels registered under the existing act shall be deemed to be registered under this bill it also provides that all vessels belonging to the government, other than vessels of the indian navy, indian coast guard, customs authorities, central paramilitary forces, coastal police and other police agencies, shall be registered under this billsub-clause (2) of this clause enables the registration of an indian vessel out of india with such conditions as may be made by rules sub-clause (3) provides that no vessel shall be an indian vessel or an indian controlled tonnage vessel unless such vessel is substantially owned by any of the person specified therein sub-clause (4) mandates that indian vessel proceeding to sea without a valid certificate of registration shall be detained unless it produces such certificateclause 15––this clause seeks to appoint the registrar of indian vessels it provides that at any port, the principal officer of the mercantile marine department, shall be the registrar of indian vessels at that port, and at any other place in india such authority as the central government may, appoint, shall be the registrar of indian vessels at that place it further provides that every registrar shall keep a register book and shall make entries in that book be made, and maintain the records of vessels registered under this bill, in such manner as may be provided by rulesclause 16–– this clause seeks to provide of application of registry it provides that an application for the registry of an indian vessel shall be made to the registrar in such form and manner as may be provided by rulesclause 17–– this clause seeks to provide for marking, survey and measurement of vessels before registry it provides that the owner of every indian vessel in respect of which an application for registry is made shall cause such vessel to be marked, surveyed and measured by a surveyor and the tonnage of the vessel ascertained before the registry in such manner as may be made by rules and the surveyor shall grant a certificate specifying the tonnage and build and such other particulars descriptive of the identity of the vessel as may be provided by rules and the certificate of the surveyor shall be delivered to the registrar before registryclause 18––this clause seeks to empower the registrar to inquire into title of an indian vessel to be registered it provides that where it appears to the registrar that there is any doubt as to the title of any indian vessel to be registered as an indian vessel, he may require evidence to be given to his satisfaction that the vessel is entitled to be registered as an indian vessel and if no evidence is given to the satisfaction of the registrar, such vessel shall be liable for forfeitureclause 19–– this clause seeks to provide for grant of certificate of registry it provides that on completion of registry, the certificate of registry shall be granted to indian vessel it also provides for issuance of tonnage certificate and granting of new certificate of registry in case it is defaced or mutilated or lost or destroyedclause 20–– this clause seeks to provide for custody and use of certificate it provides that the certificate of registry shall be used only for the lawful navigation of the vessel, and shall at all times remain in the custody of the person in charge of the vessel; and shall not be subject to detention by reason of any title, lien, charge or interest whatever had or claimed by any owner, mortgagee or other person to, on or in the vessel and such certificate may be delivered to person entitile to demand the certificate it further provides the possession of illegal certificate of registry as an offenceclause 21–– this clause seeks to provide for endorsement on certificate of change of ownership it provides that whenever a change occurs in the registered ownership of an indian vessel, the owner of the indian vessel shall, for the purposes of endorsement of change of ownership, deliver the certificate of registry to the registrar who shall make an endorsement for that purpose in such manner as may be provided by rulesclause 22–– this clause seeks to provide for delivery of certificate of vessel lost or ceasing to be an indian vessel it provides that in case the vessel is actually or constructively lost, taken by the enemy, burnt or broken up or ceasing for any reason to be an indian vessel, or is to be registered under any other law, every owner of such vessel shall immediately on obtaining knowledge of the event, if no notice thereof has already been given to the registrar, give notice thereof to the registrar so that registrar can make entries in his records accordinglyclause 23–– this clause seeks to provide for provisional registration of indian vessel it provides that the registrar, indian consular officer or any person authorised by the central government may issue the certificate of provisional registration for a period of six months, which may further be extended by three more months to complete the formalities of permanent registration and such provisional certificate is required to be delivered to the registrar for cancellation where a vessel has been permanently registeredclause 24––this clause seeks to provide for the conditions when share of an indian vessel may not be transferred like during emergency without the previous approval of the central government it further provides conditions of transfer or acquision of an indian vessel like satisfaction of mortgages, statutory fee, wages, etc it also provides that the instrument of transfer shall be in writing with requisite particularsclause 25–– this clause seeks to provide for registry of transfer it provides that every instrument for the transfer of an indian vessel or of a share therein when duly executed shall be produced to the registrar of her port of registry, and the registrar shall thereupon enter in the register book the name of the transferee as owner of the vessel or share, as the case may be, and shall endorse on the instrument the fact of that entry having been made with the day and hour thereof and every such instrument shall be entered in the register book in the order of its production to the registrarclause 26––this clause seeks to provide for the transmission of property in indian vessel on death, insolvency, etc it provides for certain action to be completed by the person to whom the property in a vessel has been transferred on the death or insolvency of any registered owner, or by any lawful means other than by a transfer under this bill registrar shall make an entry in the register book and if by such transmission the vessel ceases to be an indian vessel, the registrar need not make any entry in the register bookclause 27–– this clause seeks to provide inter alia, to make an application to the high court for a direction for the sale of a vessel to any citizen of india or any company or body or co-operative society if where the vessel has ceased to be an indian vessel and the registrar of the port of registry to submit report to the central government setting out the circumstances in which the vessel has ceased to be an indian vesselclause 28––this clause seeks to provide for transfer of vessel on sale by order of court it provides that any court may order the sale of vessel or share therein with a declaration vesting in person named by the court the right to transfer that vessel or share, and that person shall thereupon be entitled to transfer the vessel or share in the same manner and to the same extent as if he were the registered owner thereofclause 29–– this clause seeks to provide for mortgage of vessel or share therein which may be made for security for a loan or other valuable considerationclause 30–– this clause seeks to provide the rights of mortgagee it provides that where there is only one registered mortgagee of a vessel or share, he shall be entitled to recover the amount due under the mortgage by selling the mortgaged vessel or share without approaching the high court it further provides that where there are two or more registered mortgagees of a vessel or share they shall be entitled to recover the amount due under the mortgage in the high courtclause 31–– this clause seeks to provide that a registered mortgage of a vessel or share shall not be affected by any act of insolvency committed by the mortgagor after the date of the record of such mortgageclause 32–– this clause seeks to provide for transfer of mortgage or shares to any person by the instrument and after production of such instrument, the registrar shall record the details in a register bookclause 33–– this clause seeks to provide for transmission of interests in mortgage in certain circumstances it provides that the interest of a mortgagee in a vessel or share if transmitted on death, or insolvency, or by any lawful means other than by a transfer under this bill, the transmission shall be authenticated by a declaration of the person to whom the interest is transmitted and it shall be containing a statement of the manner in which and the person to whom the property has been transmitted and shall be accompanied by like evidenceclause 34–– this clause seeks to provide that the indian vessel shall be described by name, call sign and an official number for the purpose of proper identification of the vesselclause 35–– this clause seeks to provide that when the vessel is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book, then the registrar at the first port at which the vessel arrives after the alteration, shall, on an application being made to him by the owner stating the particulars of the alteration, either cause the alteration to be registered or direct that the vessel be registered anewclause 36–– this clause seeks to provide for provisional certificate and endorsement where vessel is to be registered anew it provides that where any registrar, not being the registrar of the vessel's port of registry, on an application as to an alteration in a vessel directs the vessel to be registered anew, he shall either grant a provisional certificate describing the vessel as altered, or provisionally endorse the particulars of the alteration on the existing certificateclause 37––this clause seeks to provide that where the ownership of any indian vessel is changed, the registrar of the port at which the vessel is registered may on the application of the owner of the vessel, register the vessel anewclause 38––this clause seeks to provide for transfer of registry it provides that the registry of any vessel may be transferred from one port of registry to another on an application to the registrar of the existing port of registry of the vessel made by declaration made in writing of all persons appearing in the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them and those rights shall in all respects continue in the same manner as if no such transfer had been effectedclause 39–– this clause seeks to put restrictions on re-registry of abandoned vesselit provides that where a vessel has ceased to be registered as an indian vessel by reason of having been wrecked or abandoned, or for any reason other than capture by the enemy, the vessel shall not be re-registered until she has, at the expense of the applicant for the registry, been surveyed by a surveyor and certified by him to be seaworthyclause 40–– this clause seeks to empower the central government to declare the proper national colours for all indian vessles and for vessles owned by the government with power to declare different colours for different class of vessels it also empowers the commissioned officer of the indian navy, any officers of the indian coast guard, a surveyor to board and seize and take away the colours which are hoisted contrary to the provisions of bill it also imposes ban on indian national colours on vessels for the purpose of making it appear to be a vessel which is not an indian vesselclause 41––this clause seeks to provide that no owner or master of an indian vessel shall knowingly do anything or permit anything to be done, or carry or permit to be carried any papers or documents, with intent to conceal the indian character of the vessel from any person entitled by any law for the time being in force to inquire into the same with intent to assume a foreign character for the vessel, or with intent to deceive any person so entitledclause 42–– this clause seeks to provide that an indian vessel shall not be entitled to any privileges, benefits, advantages or protection usually enjoyed by indian vessel or to use the indian national colours for indian vessel or to assume the indian national character of such vessel has not been recognised as indian vessel and for the purpose of payment of dues, the liability of fine and forfeiture and the punishment for the offences committed on board such vessles may be dealt with in the same manner as if the vessel is a recognised indian vesselclause 43––this clause seeks to provide that any vessel that is either wholly or any share therein become subject to forfeiture under part iii, then, any commissioned officer of the indian navy, indian coast guard, any indian consular officer or any other officer authorised by the central government, may seize and detain the vessel, and bring her for adjudication before the high courtclause 44–– this clause seeks to provide for liability of owners it provides that where any person is beneficially interested otherwise than by way of mortgage in any vessel or share in a vessel registered in the name of some other person as owner, the person so interested shall, as well as the registered owner, be subject to all the pecuniary penalties imposed by this bill or any other act on the owners of vessel or shares therein, without prejudice that proceedings for the enforcement of any such penalties may be taken against both or either of the said parties jointly or severallyclause 45–– this clause seeks to provide that any person may inspect any register book, and may obtain a certified copy of any entry in the register book, by making an application to the registrar and the evidentiary value of a certified copy of an entry in the registered bookclause 46––this clause seeks to enable the owner of an indian vessel to may make an application to the registrar to close its registry subject to that there is no unsatisfied mortgage and outstanding claims of the master or seafarer of the vessel in respect of wages have been intimatedclause 47––this clause seeks to provide the application of chapter ii of part iii of the bill it provides that this chapter shall be applicable to any vessel registered under the law of any country other than india and chartered by an indian charterer on bareboat chartercum-demise contractclause 48––this clause contains definitions of various expressions specified in chapter ii of part iii of this billclause 49––this clause seeks to provide for registration of vessel chartered on bareboat charter-cum-demise contract and the procedure to be followed and the provisions of the validity of registration period, its closure with power to hoist indian flag, etcclause 50––this clause seeks to empower the central government to make rules to carry out the purposes covered under part iii of the billclause 51––this clause seeks to mandate that every indian vessel to be provided with the seafarers as per manning scale provided by rules and requirement that the seafarer shall hold such certificate as per grade and the number of persons with such qualifications for manning different types of vessels it also provides that indian national with foreign certificate and foreign national with foreign certificate or indian certificate of competence may be allowed to work on board indian vessel subject to the conditions to be specified in the rulesclause 52––this clause empowers the central government to grant certificate of competency or certificate of proficiency subject to fulfilment of requirements in respect of service, age limit, medical fitness, training, qualifications and examination in accordance with the stcw convention subject to payment of such feeclause 53–– this clause seeks to empower the director-general to administer, supervise and monitor all activities related to training and assessment for grant of certificate of competency or certificate of proficiency and to approve training institute, courses and the method of conducting training for granting such certificates and also with power to authorise any person to conduct inspection and submit report to himclause 54–– this clause seeks to provide for examination for grant of certificates it empowers the central government to appoint a person to examine the qualification for persons desirous of such certificates it further provides the manner of conducting examination and fee to be charged and payment to the examiner it also provides to grant certificates to applicants who have passed examination it also empowers the central government to withdraw, suspend and cancel such certificate in case it is obtained through false and erroneous information or if the person is guilty of misconduct it also provides for re-issue of certificate in case of loss, etc on payment of such fee as per rulesclause 55–– this clause cast a duty on the master of the vessel to produce the list of seafarers along with the certificate of competency of the seafarer along with the list of crew, etc, to the proper officer it also empowers the surveyor to go on board a vessel for the purpose of ensuring that the seafarers on board possess the certificates as per the stcw conventionclause 56–– this clause seeks to provide that india may recognise foreign certificate of competency and certificate of proficiency as equivalent if they meet essential conditions like standards not being less than that of indian certificate holders and recognitions of indian certificates under part iv in their countries and the certificate recognised as equivalent may be issued with a certificate of endorsement and a person holding the certificate of endorsement shall be considered duly certificatedclause 57––this clause seeks to provide that foreign vessel shall not proceed to sea from any port or place of india without the requisite number of seafarers of appropriate grades and empowers the surveyor to board the vessel for the purpose of ensuring that the seafarers holding certificates are actually appointed and are actually present and are adequate in number for the watch keeping duty in ports and at sea it also empowers the central government to detain a foreign vessel in case of deficiency on the report of the surveyorclause 58–– this clause seeks to provide for obligations of certain certificate holders to serve the government or in indian vessels during a proclamation of emergency or when security of india is threatened according to the provisions of the constitutionclause 59–– this clause seeks to provide for the rule making power of the central government for the provisions of part ivclause 60––this clause seeks to provide for the applicability of part v it applies to every seafarer, recruitment and placement service and ship ownersclause 61––this clause seeks to define certain expressions which are specified part vclause 62–– this clause seeks to empower the central government to make rules for the classification of seafarers into different categories, minimum scale and the different scale for different classes of ships and application of the provisions to the seafarer employed or engaged as a member of the crew of a shipclause 63–– this clause seeks to provide for application of maritime labour standards to seafarers and ships registered under this bill, except ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where any law for the time being in force relating to ports apply; ships engaged in fishing activities; traditionally built ships such as dhows and junks and ships of war or naval auxiliaries it further provides that the central government shall have power on recommendation of the director-general to extend the provision of this clause to any category of ships and the ships to possess certificate in accordance with the provisions of the maritime labour convention and also prohibits the ships to proceed to sea without possessing the certificateclause 64–– this clause seeks to enumerate the duties of the shipping master clause 65–– this clause seeks to enumerate the business of the seafarer's employment office, such as issuance to licence of recruitment and placement services and to perform any other functions provided by rules made by the central governmentclause 66––this clause seeks to provide for the engagement of seafarer by licensed recruitment and placement service and the owners of indian vessels it prohibits a person other than the owner of the vessel to carry on the business of recruitment and placement of service without license; to engage the seafarers without possession of continuous discharge certificate and identity documents; and the person under sixteen years for engagement or carried to sea to work in any capacity without such qualifications specified by the central government it also prohibits the engagement of seafarer in a ship without possessing a medical fitness certificate and any person who claims to represent the interests of seafarers shall not demand or receive, either directly or indirectly, from any seafarer or person seeking employment as seafarer or any person on his behalf, any remuneration or donation or fees or compulsory subscription of any kind attributable from such seafarer or person's employment as seafarer, other than the fees authorised by the provisions of this billclause 66 also provides that the central government may, by notification, fix the fees which shall be payable upon all engagements and discharges of the seafarer and the services of the seafarer engaged in contravention thereof shall not be recognised for the purposes of certification under part ivclause 67––this clause seeks to provide that every master or owner or his agent shall for the purpose of engagement of seafarer enter into an articles of agreement with the seafarer and submit a copy of such agreement to the shipping master it specifies certain provisions therein for engagement of a seafarer who is not a citizen of india it further specifies the time when the wages and provisions shall be taken to begin, and provides that no agreement shall forfeit the lien on the ship or deprive of any remedy for recovery of wages of the seafarer and every stipulation inconsistent with the provisions of this bill will be voidclause 68––this clause seeks to empower the central government to make rules for the matters relating to seafarer's employment and condition of services including skill development and opportunity or any other requirements under the maritime labour conventionclause 69––this clause seeks to entitle the seafarer to receive wages or compensation for loss of effects in case or wreck, loss or abandonment of the ship or by reason of his being left on shore at any place outside india under a certificate granted under this bill for his unfitness or inability to proceed on the voyage however he shall not be entitled to receive wages if through negligence he failed to apply to proper authority for relief as a distressed or destitute seafarer it further provides the amount of compensation shall be deposited with the shipping master at the port of engagement in india for payment to a seafarer or in the case of a deceased seafarer with the person nominated by him or in case he has not made any nomination or nomination has become void, to his legal heirs the seafeaver is entitled to receive wages during captivity including incidence of piracy in the course of his employmentclause 70––this clause seeks to provide that seafarer shall not be entitled to wages like absence without leave, etcclause 71––this clause seeks to provide for compensation to the seafarer by the master, owner or his agent for the damage caused due to premature discharge apart from the wages due and also prescribe the limit of such compensationclause 72––this clause seeks to provide certain restrictions in respect of wages due to a seafarer such as from attachment by order of any court and any assignment prior to the accruing thereof shall not bind the person making the same subject to that it shall not apply if such assignment is under the scheme approved by the governmentclause 73––this clause seeks to provide the manner of discharge of seafarer it provides that if any indian ship is transferred or disposed of, then the seafarer belonging to that ship shall be discharged at that port unless he consents in writing to complete the voyage in the ship if continued it further provides certain conditions for discharge of seafarer, entitlement of wages, etcclause 74––this clause seeks to mandate the master to enter into the log book a statement of the amount due to the seafarer in respect of wages and his property, at the time when such seafarer was left behind or lost overboard or is deceasedclause 75–– this clause seeks to provide that if the service of the seafarer is terminated without consent at a foreign part and before the expiration of the contract, the master or owner of the ship or his agent shall make adequate provisions for the maintenance of the seafarer according to his rank and rating and for the return of that seafarer to the proper port it further provides that if the master, owner or agent fails without reasonable cause to provide expenses of maintenance and for the journey of proper return port, if defrayed by the seafarer, shall be recoverable as wages due to him and if defrayed by the indian consular officer be regarded as expenses failing within the provisions of clause 86clause 76–– this clause seeks to provide that in case the amount deposited with or recovered by the shipping master is unclaimed as wages for making payment then shipping master after a period not less than six years can utilize that money for the welfare of the seafarer as the central government may directclause 77––this clause seeks to provide that any dispute between the master, owner, or his agent and the seafarer under the agreement shall be submitted to the shipping master and he shall decide upon the dispute submitted and make an award which shall be conclusive it further provides that any person aggrieved by the award shall approach the principle officer for the appeal and if a person is aggrieved by the award of the principle officer shall go for second appeal to the director-general it also provides that an award made under this clause shall be enforced by a judicial magistrate of the first class or a metropolitan magistrate and the provisions of the arbitration and conciliation act, 1996 shall not apply to any matter submitted for decision to the shipping masterclause 78––this clause seeks to provide that the shipping master may require the owner, master or any mate or other member of the crew to produce the logbook, papers or other documents in his possession and also requires their attendance for the purpose of examinationclause 79––this clause seeks to provide that the proceedings for wages of seafearer shall be conducted by summary procedure by the judicial magistrate of the first class or any metropolitan magistrateclause 80–– this clause bars for institution of suits for wages in any civil court except where the owner of the ship is declared insolvent, ship is under arrest or sold by the authority of the court and a judicial magistrate of the first class or the metropolitan magistrate refers claims to the courtclause 81–– this clause seeks to provide that if the seafarer's voyage terminates in india, he shall not be entitled to sue in any court outside india for wages unless he is discharged with such sanction as required under the provisions of the bill and with the written consent of the master or proves ill-usage on the part or by the authority of the master as to warrant a reasonable apprehension of danger to his life if he remains on boardclause 82–– this clause seeks to provide for the rights, liens and remedies of a master of a ship for the recovery of wages same as a seafarer and the same rights of a acting master due to disease or incapacity from illness of the master it empowers the court dealing with the claim of a master in respect of such wages, disbursements to settle all accounts then arsing for outstandingclause 83–– this clause seeks to empower the central government to refer the dispute between seafarer and their employer to the tribunal for adjudicationclause 84––this clause empowers the central government or such officer as appointed by it to recover the wages and compensation due to a seafarer who is lost with the ship to which he belongs, from the master or owner of a ship or his agentclause 85–– this clause seeks to provide that the seafarer can make a nomination of his family member on his behalf subject to that if a seafarer acquires a family after he has made any such nomination, the nomination shall become void and the form for nomination and matters connected with nomination shall be provided by rules by the central governmentclause 86––this clause seeks to provide that in case a seafarer is in distressed condition, the indian consular officer at or near the place where a seafarer is in distress shall, on application being made to him by the distressed seafarer, provide in accordance with the rules made under this bill for the return of that seafarer to a proper return port, and also for the said seafarer's necessary clothing and maintenance until his arrival at such port and expenses incurred in such repatriation shall be a debt due to the central government by the owner or agent of the shipclause 87–– this clause seeks to provide that a certificate of the central government or of such officer as the central government may specify in this behalf, to be provided to any seafarer in distress and that shall be a conclusive evidence that such seafarer is distressed within the meaning of this billclause 88–– this clause seeks to provide that any shipping master, surveyor, seaman welfare officer, indian consular officer under the circumstances mentioned therein enter on board the ship and inspect such ship it further provides that indian ships in international voyage shall possess a maritime labour certificate and a declaration of maritime labour compliance and for the purpose of preventing seafarer from being taken on board any ship at any port in india contrary to the provisions of this bill, the shipping master and other officers may enter at any time on board any such ship he has reason to believe that the seafarer is being shippedclause 89––this clause seeks to provide certain special protection to seafarers in case of litigation it, inter-alia, provides that a seafarer shall, for the purposes of this part, be deemed to be a serving seafarer during any period commencing on the date of the agreement with the crew and ending thirty days after the date on which the seafarer is finally discharged from such agreement and provided that the collector may certify that a person is serving seafarer for the purpose of conducting legal proceedingsclause 90––this clause seeks to enable seafarer to make a complaint against the master or any member of the crew if the ship is at a place where there is a judicial magistrate of the first class or a metropolitan magistrate or when the ship reaches a place where such magistrate is availableclause 91–– this clause seeks to provide that assignment of salvage payable to a seafarer made prior to the accruing thereof shall not bind the person making the same, and a power of attorney or authority for the receipt of any such salvage shall not be irrevocableclause 92––this clause seeks to provide that any person at any port or place other than a person in the service of the government or duly authorised by law if goes to board a ship without permission, the master of the ship may take such person into custody and deliver him up forthwith to a police officer to be taken before a judicial magistrate of the first class or a metropolitan magistrateclause 93–– this clause seeks to provide that no indian seafarer shall knowingly do anything tending to the immediate loss or destruction of, or serious damage to, the ship, or tending immediately to endanger the life of, or to cause injury to any person belonging to or on board the ship and refuse or omit to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction or serious damage, or for preserving any person belonging to or on board the ship from danger to life or from injuryclause 94–– this clause seeks to provide that no seafarer shall dessert his ship or neglect or be absent from ship without leave or without reasonable ground and that refusal, absent etc of a seafarer engaged on the ground of a ship as unseaworthy shall be a reasonable cause provided, if the seafarer before failing or refusing to join a ship informed the master or a shipping master, surveyor, seafarer's welfare officer, port health officer, indian consular officer or any other officer at any port duly authorised in this behalf by the central government, that the ship is unseaworthy it further provides that if the seafarer without sufficient reasons absents himself from his ship or desserts his ship and on being satisfied the shipping master may report it to the director-general who may thereupon direct that the seamen identity document and continuous discharge certificate may be held for such period as may be specified and if any seafarer desserts or absents himself from the ship then the master, mate, owner or agent without prejudice to any other action that may be taken against the seafarer under this bill may use such force as may be reasonable in the circumstances of the case it also provides that if a seafarer commits offence of desertion or is absent without leave or any other offence against discipline outside india then, master, mate, owner or agent shall be permitted to arrest him without warrant and the seafarer should not be arrested on improper or insufficient grounds and also provides that if any costs and expenses properly incurred by or on behalf of the master or owner by reason of the conveyance to be paid by the offender then it can be deducted from his wagesclause 95–– this clause seeks to enlist all the actions of discipline in violation of which the seafarer shall be guilty of an offence clause 96–– this clause seeks to provide that if the seafarer is convicted of an offence of smuggling any goods whereby loss or damage is occasioned to the master or the owner, then, a sum sufficient to reimburse the loss or damage could be recovered in lieu of whole or part of his wages and the director-general can cancel or suspend the seafarer identity document or continuous discharge certificate of such seafarer convicted of offence of smugglingclause 97––this clause seeks to provide that if any offence of desertion, absence without leave, against discipline or any other misconduct is committed by seafarer for which offender's agreement imposes a fine, then entry of such offence or act shall be made in the official book, and if the offender is still on ship and it is yet to arrive, he shall be furnished with a copy of the entry and the same be read out to him and then he has to make a reply as he thinks fit and after which, a statement of a copy of the entry having been so furnished and the entry having been so read over and the reply, if any, made by the offender shall likewise be entered and signedclause 98––this clause seeks to provide that if any seafarer engaged outside india on an indian ship desserts himself in india without leave, the master of a ship within forty eight hours of discovering such desertion or absence report to the shipping master or to such officer as the central government may specifyclause 99––this clause seeks to provide that in case of desertion from indian ship, the master shall produce the official log book to the indian consular officer and the officer shall thereupon make and certify a copy of the entry and shall transmit such a copy of entry certified to the shipping master to be produced before a legal proceedings and such a certified copy can be admissible in evidence in a legal proceedings for desertionclause 100––this clause seeks to provide that for proving desertion from ship it has to be shown that the seafarer was duly engaged in or belonged to the ship and he left the ship without completion of the voyage or engagement and entry of desertion of the seafarer's shall be duly made in the official log book it further provides that the desertion leading to forfeiture of wages shall be deemed to be proved unless the seafarer produces proper certificate of discharge or show to the court that he had sufficient reason for leaving the shipclause 101––this clause seeks to provide that wages or other property fortified for desertion from the ship shall be applied for reimbursing the expenses caused by the desertion to the master or the owner or agent subject to that the reimbursement shall be paid to the central government it further provides that the wages earned subsequent to desertion may be recovered clause 102––this clause seeks to provide that any question concerning the forfeiture or deductions from the wages of a seafarer may be determined in any proceeding lawfully instituted with respect to those wagesclause 103––this clause seeks to provide the procedure of deduction of a fine imposed on seafarer for any act of misconduct under the agreement and such proceeds of all fines received by the shipping master shall be used for the welfare of seafarers in a manner as the central government may directclause 104–– this clause prohibits any person to persuade or attempt to persuade a seafarer to neglect or refuse to join or proceed to sea or desert from ship or absent himself from his duty or harbour or secrete a seafarer from doing the sameclause 105–– this clause seeks to provide that no person shall secrete himself and go to sea in a ship without the consent of the owner, agent or master, or of a mate, or of the person in charge of the ship or of any other person entitled to give that consent it further provides that if the master is compelled to take on board any seafaring person as long as he remains on ship shall be subject to laws of discipline as if the member has signed the agreement with the crew and the master shall report in writing about any person gone to sea on a ship without consent to the proper officer as soon as the arrival of the shipclause 106––this clause seeks to provide that if during the voyage, the master of indian ship is removed or superseded or quits the ship and is succeeded by the command by some other person, then, he shall deliver to his successor the various documents relating to the navigation of the ship and the crew thereof which are in his custody and a handing over note enlisting such documents and on receipt of such documents and the handing over note, the successor shall make an entry in the official log book to that effect which shall also be endorsed by the predecessorclause 107–– this clause seeks to provide that if due facilities shall be given by the government of any country outside india for recovering or apprehending seafarers who dessert from indian ship in that country, the central government may by notification declare that this clause shall apply to seafarers belonging to ships of such country, subject to such limitations or conditions as may be specified in the notification and if the seafarer belonging to ship of any country desserts then, on the application of a consular officer of that country shall aid in apprehending the desserter and for that purpose may on information given on oath, issue a warrant for his apprehension and on proof of the dessertion order him to be conveyed on board his ship or delivered to the master or mate of his ship or to the owner of the ship or his agent to be so conveyed and any such warrant or order may be executed accordinglyclause 108–– this clause seeks to provide for keeping of official log book for a ship exceeding two hundred tons gross and cast a duty on the master, owner or his agent of every ship for which an official log book is required to be kept, to deliver the official log book to the shipping master as and when required by him it further provides that no entry in the official log book shall be made in repsect of any occurrence prior to arrival of the ship at her final portclause 109––this clause empowers the central government to make rules to carry out the provisions of part v of the billclause 110–– this clause seeks to provide for application of part vi to indian vessels, and foreign vessels on matters related to safety and security and the port facilities on security aspects and company on matters relating to safety and securityclause 111––this clause seeks to define various expressions specific to chapter vi clause 112––this clause seeks to provide for compliance of various obligations under the international treaties to which india is a party each of these treaties specified therein contains certain obligations for the state, to enact suitable national legislation to implement and enforce the treaties fully and effectivelyclause 113–– this clause seeks to impose obligation on the master of a vessel to report any incident relating to safety of vessel, safety of persons on board, loss of dangerous cargo to the sea, matters affecting safe navigation, abandonment of vessels, etc, to an authority designated for this purpose by the central governmentclause 114––this clause seeks to impose obligation on the master of an indian vessel to provide assistance to any distress situation at sea, when he receives such a message seeking assistance it further provides that the master is duty bound to provide assistance until he is relieved of this duty and also provides for the mandatory maintenance of records and the circumstances in which the master is unable to provide assistanceclause 115–– this clause seeks to empower the central government for making arrangements for search and rescue at sea and establishment of rescue coordination centres and sub-centres by india as required under international convention on maritime search and rescue, 1979 and agreement related theretoclause 116––this clause seeks to provide for requirements of radio communication, distress and safety equipment and the certified operators required on shipsclause 117––this clause seeks to mandate that every vessel should possess the information relating to its stability and the effects of any damages to the vessel and the precautions for maintaining water tight integrity of the vesselclause 118––this clause seeks to provide loading of vessel as per loadline rules and contain provisions to detain a vessel from proceeding to sea if it is loaded in contravention of such rulesclause 119––this clause seeks to obligate every vessel to have appropriate certificates while carrying passengers between ports or places in india, or to or from any port or place in india from or to any port or place out side india it further provides for the central government to specify the conditions for passenger accommodation, passenger and crew amenities, and other facilities while carrying passengers and the master of every passenger vessel to oblige to make a statement about the passengers on board as provided by the rules by the governmentclause 120––this clause seeks to provide that every vessel should be in possession of valid safety and security certificates whenever she proceeds to sea as required under the convention or agreement referred to in clause 112clause 121––this clause seeks to provide various acts which constitute offences clause 122––this clause seeks to provide that no vessel shall carry or attempt to carry cargo in contravention of clause 120 or shall have on board or in any part thereof a cargo which is not in accordance with the certificate held by the vessel it further provides that for violations, the master shall be held liable and his certificate of competency shall be cancelled or suspended for such period as the central government may specify in an order made in this behalfclause 123––this clause seeks to provide that every person (owner or company or master) who sends an unseaworthy vessel to sea is guilty of an offence and it mandates the prior consent of the central government for prosecution of such personclause 124––this clause seeks to cast obligation on the ship owner, master or his agent to ensure the seaworthiness of the vessel for the voyage and to keep her in a seaworthy state during the voyageclause 125––this clause seeks to provide for implementation of safety and security management of the vessels and the port facilities where the vessels have an interface it further provides for maintaining different levels of security by vessels and ports depending on the security situation in the countryclause 126––this clause seeks to provide for the inspection and boarding of vessels, to verify compliance with requirements specified in part vi and to enforce the provisions under the bill and foreign flag vessels can be inspected under port state control being an obligation under the treaties it further provides for intervention such as detention as a part of the enforcement measure and also for entering into agreements with other countries or organisations for effective implementation of the provisions of this billclause 127––this clause seeks to make the central government liable to pay to the owner or master the costs for an unreasonable detention or undue delay it further provides that the owner of a vessel shall be liable to pay to the central government its costs of and incidental to the detention and survey of the vessel if the vessel is detained by reason of its condition or due to act of default of owner or master and the vessel shall not be released until such costs are paid and faults are rectifiedclause 128––this clause seeks to empower the central government to make the rules under part vi relating to safety and security aspectsclause 129––this clause seeks to specify the application of part vii it applies, inter alia, to indian vessels, ports and foreign vessels on matters related to prevention of pollutionclause 130––this clause seeks to define certain expressions which are specific to part viiclause 131––this clause seeks to prevent the ship-generated pollution such as the discharges or emissions of harmful substances or mixtures containing such substances it empowers the central government to make necessary rules for the construction, survey or equipment to be fitted on board ships for this purpose, and to specify the conditions for issuance of the certificates it further provides for the survey of the hull, equipment or machinery of vessel by surveyors and the manner in which certificates are issued to verify and demonstrate the compliance with the applicable pollution prevention requirements, under this part it also provides for controlling the deliberate dumping of wastes and other matter into the sea by shipsclause 132––this clause seeks to provide for meeting various obligations towards prevention of marine pollution under the international maritime treaties specified therein it further provides that the vessel, to which the provisions of the conventions mentioned therein are applicable, to comply with such pollution prevention requirements as may be provided by the rules it also empowers the government to prescribe different rules for pollution prevention for different classes of vesselsclause 133––this clause seeks to provide that every vessel (cargo vessel as well as passenger vessel) shall be in possession of valid pollution prevention certificates as per conventions specified under clause 132, whenever she proceeds to seaclause 134––this clause seeks to ensure that records of ship-generated wastes and disposal are mandatorily maintained, as per the rules made by the central government and also empowers the central government to make rules for the details of records, its custody, the manner in which these are to be maintained and such other related mattersclause 135––this clause seeks to provide that in order to prevent and control the discharges into the sea from ships, every port is required to have necessary facilities to receive the various kinds of wastes generated on ships it further provides that every port or place where the ship has an interface is obliged to provide necessary reception facilities under the applicable international conventions it also provides that the wastes generated during operation, repair and recycling of vessel are collected, handled, treated and disposed of in a safe and environmentally sound manner, to protect human health and the environment and empowers the port authority to impose suitable charges for providing such facilities for receiving wastes from ships it also empowers the central government to give directions in case there are no reception facilities at any port or place in india or that the facilities available at such port or place are not adequate for enabling vessel calling at such port or place to comply with the requirements of pollution preventionclause 136––this clause seeks to obligate the master of a vessel to make a report to the authority designated by the central government, whenever an incident in which the cargo or harmful substances as covered under part vii or the pollution prevention convention is escaping or likely to escape and may cause or threaten to cause pollution of air, any part of coasts or coastal waters of india and the responsibility of the master for failure in making such reports it empowers the central government to direct the owner, agent, master, charterer, operator, lessee or licensee of the vessel through a notice, to take immediate necessary action to prevent or control pollution, in case an incident of pollution occurs or likely to occur and also empowers the central government to take any suitable and appropriate measures, as deemed necessary, to prevent, mitigate or eliminate the threat or danger from pollution, whenever a pollution is caused or likely to be caused by release of harmful substances, or whenever a grave and imminent danger to the coastline or related interest is likely from an incident of pollution or threat of pollutionclause 137––this clause empowers the central government to give directions to indian ships to provide assistance in combating pollution, subject to payment of reasonable fees for the services providedclause 138––this clause seeks to empower the central government to make rules under part vii of the bill relating to pollution prevention aspects covered thereunderclause 139––this clause seeks to put an obligation that every vessel, port facility, shipyard, ship breaking and ship repairing units, offshore facilities or terminal shall be surveyed or audited towards verification of the requirements under the bill it further provides for the issuance of certificates after satisfactory completion of the survey or audit and once an audit or survey is done, no material change shall be effected without the permission of the central government and in case such modifications are made without informing the central government, such certificates are liable to be cancelled and prevents a vessel from proceeding to sea without the necessary certificates or documents, except when an exemption is granted by the central governmentclause 140––this clause seeks to provide that every vessel shall possess the prescribed certificates, as may be specified under the rulesclause 141––this clause seeks to empowers the surveyor for the inspection of the vessel as necessary and to board the vessel for implementation and enforcement purposesclause 142––this clause seeks to ensure that every vessel, company, port facility, shipyard etc shall be surveyed, audited and certified to confirm the compliance of requirements of various international conventions as specified therein it also provides for survey and certification of non-convention vesselsclause 143––this clause seeks to provide for the recognition of the certificates issued to ships outside india by the flag authority of the vesselclause 144––this clause seeks to enable indian vessels to be issued with certificates in other countries, as well as issuance of certificates to foreign vessels in indiaclause 145––this clause seeks to empower the central government to make the rules for the matters covered under part viiiclause 146––this clause seeks to specify the application of chapter i of part ix of the bill it applies to indian vessel; and any foreign vessel while it is in a port or place in india including the maritime zones under its jurisdiction as per the territorial waters, continental shelf, exclusive economic and other maritime zones act, 1976 or any other law for the time being in forceclause 147––this clause seeks to provide the methodology for the division of liability when collision, damage, or loss occurs on a vessel or vessels and full liability falls upon the vessel whose fault it lies upon and the total liability is shared depending upon proportion to the degree in which each vessel was to blame and the liability is applicable subject to either of the three criteria's specified therein do not get affected it also provides that references to damage or loss caused by the fault of a vessel shall also include cost due to any salvage or other expenses, after a damage or loss, which is recoverable by way of damages through any law in forceclause 148––this clause seeks to apply when compensation is to be paid in case of loss of life or personal injury; the joint liability of owners of vessels or liability of the owner of the vessel whose fault has been determined; whenever a loss of life or personal injuries are suffered by any person on board a vessel and it prevents depriving any person of any right of defense in court in an action brought against him by the person injured, or any person entitled to sue in respect of such loss of life or affect the right of any person to limit his liability in that particular caseclause 149––this clause seeks to provide for sharing of the contribution, in case excess payment of contribution is made by one of the vessel which exceeds the proportion in which vessel was in fault, then, the owner can recover by way of contribution the amount of the excess from the owners of the other vessel or vessels to the extent to which those vessels were respectively in fault and the recovery is to be carried out provided that no amount is recovered again, that is, if it has been recovered in the first instance as damages by the person entitled to sue due to a statutory or contractual limitation or exemption it also provides that for the purpose of recovering the contribution referred to therein, the same rights, and powers of the persons entitled to sue for damages in the first instance is available to the person entitled to any contribution and this recovery is in addition to any other remedy provided by law for the time being in forceclause 150––this clause seeks to impose a duty on the master of a vessel to assist the other vessel in case of collision between two vessels without endangering his vessel, crew and passengers it requires the master to save the other vessel from any danger caused by the collision and to standby near the other vessel until the other vessel needs no further assistance and also requires the master to exchange information such as name of its ship, port of registry, last port and next port of callclause 151––this clause seeks to provide for the requirement of recording of statement and circumstances leading to the collision in the log book by the master of every vessel and such entry is required to be signed by the master and also by the officer on watch or one of the seafarerclause 152––this clause seeks to mandate that, report has to be made to the central government or nearest principal officer in case an indian vessel has sustained or caused any accident which results in loss of life or any serious injury to any person or vessel has a material damage affecting her seaworthiness or her efficiency either in her hull or is so altered in any part of her machinery as not to correspond with the particulars contained in any of the certificates issued under this bill in respect of the vessel and such report is to be made by either the owner or master or agent, within twenty-four hours after the happening of the accident or damage or as soon as possibleclause 153––this clause seeks to provide that if the owner or agent of an indian vessel feels the vessel has been wholly lost due to non-appearance of the vessel or any other circumstances, they shall send notice to central government relating to the loss and cause of the loss along with the vessel particulars such as the name, official number and port of registry, etcclause 154––this clause seeks to specify the application of chapter ii of part ixrelating to limitation of liability for maritime claims it applies to indian ships, and any ship other than an indian ship while it is in a port or place in india including the maritime zones under its jurisdiction as per the territorial waters, continental shelf, exclusive economic and other maritime zones act, 1976 or any other law for the time being in forceclause 155––this clause seeks to provide for the limitation of liability to shipowner or salvor or person for damages in respect of claims, which are enlisted therein, due to their act, neglect or defaulting it further provides that the limitation of liability shall be applicable even if brought by way of recourse or for indemnity under a contract or otherwise it also specifies various other claims where the limitation of liability shall not applyclause 156––this clause seeks to provide that provisions of clause 155 cannot be applied to limit the liability if, the loss is resulted from a personal act or omission committed with the intent to cause the loss, or recklessly and with the knowledge that such loss would probably resultclause 157––this clause seeks to provide that when limitation of liability is set to apply for multiple claims of the same occurrence, then the claims shall be set off against each other and the provisions of chapter ii of part ix shall apply to the balance, if anyclause 158––this clause seeks to stipulate the limits of liability which will be calculated under the provisions of llmc convention and as per the rules where provisions of llmc convention are not applicable it further details the hierarchy in which the claims are to be paid, that is, this order shall be determined first by claims in respect of loss of life or personal injury followed by claims in respect of damage to harbour works, basins, waterways and aids to navigation it also provides that the limit of liability in case of salvor not operating from any vessel or for any salvor operating solely on the vessel to, or in respect of which he is rendering salvage services, shall be calculated according to gross tonnage of 1500clause 159––this clause seeks to provide that in respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship the amount limit of liability of the shipowner thereof shall be such as may be provided by rulesclause 160––this clause seeks to provide that the limits of liability as determined in clause 158 shall apply collectively in total to the claims which arise on any distinct occasion as specified therein it further provides that the limits of liability as determined in relation to limit for passenger claims shall apply in total to the claims which arise against the shipowner and any person for whose act, neglect or default he or they are responsible clause 161––this clause seeks to provide that limitation of liability can be invoked even if the limitation fund as mentioned in clause 162 has not been constituted it further provides that the person can only invoke the right to limit liability if the limitation fund has been constituted as per the provisions of this chapterclause 162––this clause seeks to provide for the constitution of limitation fund with the high court by any person alleged to be liable and against whom legal proceedings are being initiated for claims which are subjected to limitation and the fund shall be constituted in the sum of such of the amounts in accordance with the provisions of clause 158 or 159 as are applicable to claims for which that person may be liable together with interest thereon from the date of occurrence giving rise to the liablity until the date of the constitution of the fund it also provides that the fund amount so constituted shall either to be deposited or guarantee to be produced at the high court and the fund so constituted shall be available only for the payment of claims in respect of which limitation of liability may be invoked and also provide that the fund so constituted by one of the persons or his insurer shall be deemed to be constituted by all persons mentioned in clause 161clause 163––this clause seeks to provide that fund to be distributed among the claimants in proportion to their established claims against the fund based on the limitation of liability as stated in section 158 or 159 as applicable and if the person who is liable or his insurer settles a claim before the fund is distributed, then the right of the claimant maximum to the amount paid, is transferred to that person or insurer it further provides for allowing application with respect of transfer of rights by persons other than those mentioned in the said clause to the level provided by the law it also provides that the high court may order a sufficient sum to be provisionally set aside to enable a person liable or any other person to enforce his claim against the fund at a later date when this person liable or any other person proves that he needs to pay at a later date wholly or partly part any such amount of compensation with regard to which such person would have enjoyed a right of subrogation as provided thereinclause 164––this clause seeks to provide that once claim has been made against the fund by any person that person cannot exercise any right in respect of such claim against any other assets of a person by or on behalf of whom the fund has been constituted and if any ship or property which has been attached or arrested for a claim, belonging to a person on behalf of whom fund has been constituted, then, such ship or property may be released by an order of the high court it further provides that the provisions of this clause shall apply if the claimant claims the fund before high court administering that fund and if the fund is available and transferable with respect to that claimclause 165––this clause seeks to mandate the scope of application of the provisions of limitation of liability it provides that provisions of this clause does not apply to aircushion vehicles or floating platforms and when the person does not have his habitual residence in india or does not have his principal place of business in india or any ship in relation to which the right of limitation is invoked or whose release is sought and which does not at the time specified above fly the flag of a country, which is a party to the llmc conventionclause 166––this clause seeks to empower the central government to make rules for the matters specified under chapter ii of part ixclause 167––this clause seeks to specify the application of chapter iii of part ixthis chapter applies to oil pollution damage caused by indian ship and any ship other than an indian ship while it is in a port or place in india including the maritime zones under its jurisdiction as per the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force this section also applies to the preventive measure taken to minimise the oil pollution damageclause 168––this clause seeks to define certain expressions which are specific to this chapterclause 169––this clause seeks to provide for the liability of owner for any pollution damage caused by the ship it further provides for exemption of the owner from liability if he proves that the pollution damage is the result of an act of war, hostility, civil war, etc, and was wholly caused by an act or omission done with intent to cause damage by a third party and also the damage caused intentionally by a person who suffered the damage or from negligence of that person and specifies the persons against whom the claim for compensation for pollution damage under this chapter or otherwise cannot be madeclause 170––this clause seeks to provide that the owners of all the ships shall be jointly and severally liable for pollution damages in case an incident involves two or more shipsclause 171––this clause seeks to provide that owner may limit his liability under this chapter in respect of any incident, to an aggregate amount by the provisions of the 1992 liability convention unless it is proved that the pollution damage resulted from his personal act or omission, committed or made with the intent to cause such damage, or recklessly and with knowledge that such damage may probably resultclause 172––this clause seeks to provide for the constitution of a limitation fund by the owner, the insurer or any other person providing financial security to the owner either by depositing the sum with the high court or by furnishing bank guarantee or such other security as, in the opinion of the high court, is satisfactory it further provides that the constitution of the fund shall not prejudice to the rights of any claimant against the owner for full compensation exceeding the amount deposited or secured in the fundclause 173––this clause seeks to provide that before the fund is distributed, the owner or any of his servants or agents or any person providing him insurance or other financial security has as a result of an incident paid compensation for pollution damage, such person shall upto the amount he has paid, acquire by subrogation the rights which the person so compensated may have enjoyed under this chapter and such owner or insurer can also enforce his claim at a later date after the fund is constituted, in case the compensation has been paid before distribution of the fundclause 174––this clause seeks to provide for the power of high court to consolidate all the claims against the fund and to distribute the amount in the fund among all claimants in proportion to their established claims it further provides any claim in respect of expenses reasonably incurred or sacrifices reasonably made by the owner voluntarily to prevent or minimise pollution damage shall, rank equally with other claims against the fundclause 175––this clause seeks to provide that ship carrying more than 2000 tons of oil in bulk as cargo to maintain an insurance or other financial security to cover his liability for pollution damage under chapter iii of part ix for the amount specified under the provisions of the 1992 liability convention and a certificate to that effect shall be issued by the central government to every indian ship and owner or agent of any foreign ship on payment of a fee as may be specified by rulesclause 176––this clause seeks to provide that the certificate issued by a competent authority in any country outside india which is a contracting party to the 1992 liability convention to any ship wherever it is registered shall be accepted at any port or place in india as if it were issued under the provisions of this billclause 177––this clause seeks to mandate that ships which has on board 2000tonnes of oil in bulk as cargo shall not enter or leave any port or place in india unless it carries the certificate as per the requirements of clause 175 or clause 176 it further provides that the proper officer shall grant inward entry or outward clearance to any ship only when its master produces a certificate as aforementionedclause 178––this clause seeks to provide for the direct liability of the insurer or other person providing financial security for payment of compensation it further provides that the insurer or other person may limit his liability in accordance with the provisions of clause 171 provided that the owner has not exercised this option or avail himself of the defenses which the owner himself would have been entitled to invoke and the defendant may avail himself of the defence that the pollution damage resulted from the wilful misconduct of the owner himself, but the defendant shall not avail himself of any other defence which he might have been entitled to invoke in proceedings brought by the owner against himclause 179––this clause seeks to provide for the limitation period of three years for claiming compensation from the date of oil pollution damage or six years, if the incident consists of a series of occurrencesclause 180––this clause seeks to exempt the war ships or any ship used by the government from the application of chapter iii of part ixclause 181–– this clause seeks to empower the central government to make rules for the matters covered under chapter iii of part ixclause 182–– this clause seeks to provide for the application of chapter iv of part ix relating to civil liability for bunker oil pollution damageclause 183–– this clause seeks to define certain expressions specific to this chapter clause 184–– this clause seeks to provide the types of liabilities with respect to pollution caused due to bunker oil discharge or escape which the ship owner shall be liable forclause 185–– this clause seeks to exempt from liability for the ship owner, in certain situations such as, if the pollution damage is caused due to act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or was wholly caused by any act or omission done with an intent to cause such damage by any person other than an employee or agent of the owner it further provides to exonerate the liability of the ship owner when it is proved that the person suffered the damage has intentionally done the damage or due to negligence an oil pollution damage was causedclause 186–– this clause seeks to provide for the ship owner or insurer to limit his liability for one or more incidents specified therein in accordance with chapter ii of part ixclause 187–– this clause seeks to provide for determination of limitation of liability by the high court and the amount once determined has to be deposited with the high courtclause 188–– this clause empowers the high court to consolidate all claims and distribute the amount amongst the claimantsclause 189–– this clause seeks to stipulate the limitation period of three years for claiming compensation from the date of bunker oil pollution damage or six years if the incident consists of a series of occurrencesclause 190–– this clause seeks to provide that the owner of ship of more than gross tonnage of thousand has to maintain compulsory insurance coverage or financial security to the limits specified under the provisions of the llmc conventionclause 191––this clause seeks to provide for authority for direct action against the insurer or other person providing financial security it provides that the insurer or other person may limit his liability in accordance with the provisions of clause 183 provided that the owner has not exercised this option or avail himself of the defenses which the owner himself would have been entitled to invoke it further provides that the defendant may avail himself of the defence that the pollution damage resulted from the wilful misconduct of the owner himself, but the defendant shall not avail himself of any other defence which he might have been entitled to invoke in proceedings brought by the owner against himclause 192––this clause seeks to provide that the central government shall issue a certificate which complies with the provisions of clause 190 on payment of fee as may be specified by rules and makes provisions for renewal on its expiryclause 193––this clause seeks to provide that no ship can enter or leave any port or place in india unless it has the certificate as per the requirements of clause 192 of this chapter and the proper officer shall grant inward entry or outward clearance to any ship only when its master produces a certificate as mentionedclause 194––this clause seeks to provide that the right of the ship owner to demand compensation against any other person for his liabilityclause 195––this clause seeks to confer authority of the enforcement of the judgement of the courtclause 196––this clause seeks to empower the central government to make rules for the matters covered under chapter iv of part ixclause 197––this clause seeks to provide for application of chapter v of part ix to oil pollution damage caused within the territorial waters and specifically the maritime zones under its jurisdiction in accordance with the provisions of the territorial waters, continental shelf, exclusive economic zones and other maritime zones act, 1976 or any other law for the time being in force and also to the preventive measures taken to prevent or minimise the oil pollution damageclause 198––this clause seeks to define certain expressions specific to chapter v of part ixclause 199––this clause seeks to provide for the contribution to the fund by the importer or the receiver in respect of contributing oil carried by sea to ports or terminal installations in india as per articles 10 and 12 of the fund convention and also stipulates minimum quantity of 1,50,000 tons per year of oil import as specified in fund convention, above which the fund has to be paidclause 200––this clause seeks to provide for the requirements of the minimum contribution payable by persons to the fund which is determined by the assembly of the fund under articles 10 and 12 of the fund convention and the power of the central government to require the persons to give financial security for payment of contributions to the central government or the fundclause 201––this clause seeks to provide for situations where the fund can be invoked and liable to pay compensation as specified therein it further provides the situations where fund does not have an obligation to pay the compensationclause 202––this clause seeks to empower the central government, to call for information, in particular, the name and addresses of the persons to whom the provisions of clause 197 shall apply and the person making disclosure needs to follow certain conditions specified therein and the liability of person for punishment in case of refusal to comply with the conditions of noticeclause 203––this clause seeks to provide for the claims against the fund and state that any claim against the fund for compensation under this chapter shall be brought directly before the fund and provides that the jurisdiction of high court shall be applicable for any action for the claim against the fund it further provides that the fund's right to intervene as a party to any legal proceedings instituted in the high court against the owner or his guarantor and makes judgment of the high court as final even if the fund has not intervened in its proceedingsclause 204––this clause seeks to stipulate the limitation period for claim against the fund within a time-frame of minimum three years and that no action to enforce a claim shall be brought after six years from the date of the incident that caused such damageclause 205––this clause seeks to provide for the subrogation of right of which the person so compensated would have enjoyed under the fund convention when any sum is paid by the fund or any public authorityclause 206––this clause seeks to empower the central government to make rules to carry out the provisions of the fund conventionclause 207––this clause seeks to define the marine casualty and mandate on the owner, manager, operator, company, pilot, harbour-master, master, or other person in charge of the vessel, to give notice of the occurrence of casualty within twenty-four hours of such occurrence to the office appointed by the central government for the purpose and such officer shall forthwith report in writing the information to the central government and may proceed to make preliminary inquiry into the marine casualty and shall furnish the report on completion of independent inquiry into the incident it further empowers the central government to appoint a body to make preliminary assessment of the marine casualty and conduct a marine safety investigation for ascertaining its causes and circumstances and submit its report to the central governmentclause 208––this clause seeks to empower the central government to initiate administrative action or to pass direction for proceeding in accordance with the law, if on receipt of report under sub-clause (5) of clause 207 or otherwise, it is of the opinion that primafacie, there exists, incompetency, misconduct or violation of any law for the time being in force on the part of any personclause 209––this clause seeks to empower the central government to cancel or suspend any certificate granted under this bill to any seafarer for any specified period, by way of an order, based on inquiry report or for any other default of seafarer listed under that clauseclause 210––this clause seeks to empower the central government to order rehearing either generally or for a part thereof of an investigation or inquiry under part x and in case of new and important evidence which could not be produced at the time of investigation has been discovered, or if for any other reason there has, in its opinion, been a miscarriage of justice, the central government is duty bound to order such re-hearingclause 211––this clause seeks to specify the application of part xi to wrecks located within territory of india including the territorial sea or any marine area adjacent thereto over which india has exclusive jurisdiction under the territorial waters, continental shelf, exclusive economic and other maritime zones act, 1976 it further specifies units or ships of government for non-commercial use and casualties involving oil pollution in accordance with intervention on the high seas in cases of oil pollution casualties,1969 for which this part is not applicableclause 212––this clause seeks to define certain expressions specific to part ix clause 213––this clause seeks to empower the central government to appoint person to receive wreck and aurhorise him to take possession of wreck and take action for disposal or removal by available means for safety and protection of marine environment, as prescribed under the billclause 214––this clause seeks to mandate the reporting of incident resulting in wreck it provides that every master or owner or operator of indian and foreign vessel involved in a maritime casualty resulting in a wreck in indian waters or waters of other country which is a party to the convention to report such incident to the receiver of country appointed by the central government and to the authorities of affected country without any delayclause 215––this clause seeks to provide for the criteria for determination of possible hazards and enlists therein various parameters that determine such hazardsclause 216–– this clause seeks to empower the central government to give direction to receiver of wreck and others specified therein to locate and mark the wreck as applicable and also obligates the owner or operator of vessel to mark the wreck at its own cost until the wreck is removed and ensures that the cost towards locating and marking of wrecks is borne by owner or operator of wreckclause 217––this clause seeks to give power to pass over adjoining lands to all persons for rendering assistance to ship for saving shipwrecked persons, its cargo and equipment and obligates concerned persons to minimise damage to cargo or any article recovered from shipwrecked which may be deposited on land and the disputes relating to damage expected by owner or occupier shall be decided by a magistrate when application made to him clause 218––this clause seeks to specify the prohibition of acts such as attempt to board or leave wreck ship without permission of master or receiver of wreck or an attempt to bring obstruction in action of saving ship, cargo and equipment, removing marks or any part of vessel as stipulated under the provisions of the billclause 219––this clause seeks to give power to receiver to make application to judicial magistrate of the first class or metropolitan magistrate for search warrant, if receiver suspects that wreck is secreted and possessed by person who is not owner and empowers the judicial magistrate to grant warrant authorsing receiver to search for wreck possessed by person who is not the owner of wreckclause 220––this clause seeks to provides for measures that facilitates the removal of wrecks and mandates the receiver to forward detailed informations to central government on determination of possible hazards as stipulated in clause 215 it empowers the central government to inform concerned government, affected country and registered owner of the vessel regarding the hazards, measures to be taken to wreck and removal of wreck and the decision of central government thereof shall be final it also mandates the owner of wreck vessel to provide financial security or evidence of insurance to central government or receiver of wreck appointed by the central government and gives power to the receiver to set period for removal of wreck and empower him to remove wreck by realistic means with due regard to safety and protection of marine environment at the expense of owner or operatorclause 221––this clause seeks to provide the liability of owner in respect of cost to be borne by registered owner for locating, marking and removing the wreck it further provides that the owner may provide evidence of occurrence of marine casualty resulting in wreck such as war, hostilities or any act of non-maintainance of lights or navigational aids by concerned authorities and such liability covers the limit as specified under the provisions of clause 155 of the billclause 222––this clause seeks to mandate that every registered owner of indian ship of gross tonnage of three hundred tons and above should be in possession of valid insurance coverage or financial security and the owner of vessel whether indian or from other country, which do not carry certificate, is liable for detention by authorities and the cost or claims arising under the part should be directly against the insurer or person that provides financial security as per circumstances listed which may invoke defence by insurerclause 223–– this clause seeks to specify the circumstances where registered owner may not be liable to bear the cost as prescribed in part xi and specifies the extent of cost borne by the registered owner and its exception in accordance with other applicable treaties, instruments, as the case may beclause 224––this clause seeks to specify the claims of the owner to wreck and time limit of his entitlement to possess wreck back which is in possession of receiver of wreck and empowers the consular officer to act as agent of owner for custody and disposal of the articles from wreck vessel on behalf of the country where the vessel is registered or, cargo owners belongs to that country within a period of one year for said claimclause 225––this clause seeks to set limit for recovery of cost and stipulates the time period of three years from the date of determination of marine casualty for locating and marking of the vessels and provides that no claim shall be made after the period of six years from the date of such casualtyclause 226––this clause seeks to provide for the application of chapter ii of part xiwhich includes judicial or arbitral proceedings relating to salvage operations instituted in india and specifies therein the units, ships and other non-commercial vessels for which this clause shall not be applicableclause 227––this clause seeks to define certain expressions specific to chapter iiof part xiclause 228––this clause seeks to provide for the salvage award for the assistance rendered by the master of a vesselclause 229––this clause seeks to specify the conditions, circumstances and location when salvage is payable to the salvor for saving life, cargo or wreckclause 230––this clause seeks to provide for the entitlements of salvage payments when services are provided by the government vessels such as indian navy or of the coast guard and port authoritiesclause 231––this clause seeks to provide that the master have the authority to conclude contracts for salvage operations on behalf of the owner of the property on board the vesselclause 232––this clause seeks to provide for the duties of salvor towards owner of the vessel or other property in danger and specifies the duties of the owner, master of the vessel or the owner of other property who is in danger towards salvorclause 233––this clause seeks to provide for the measures to be taken by the central government to protect its coastline from threat of pollution consequential to occurrence of maritime casualty and empowers the central government to issue directions to the owner or the master or salvor and other public authorities associated with salvage operations and seek their cooperation to initiate salvage services for vessel in distressclause 234––this clause seeks to provide for the rights of salvors to payment for the services rendered by him to salvage operations in the event of refusal of payments by the owner or master of vessel or owner of any other property in danger and enlists the criteria, circumstances and conditions for claiming rewards and maritime lien by the salvorclause 235––this clause seeks to provide for settlement of disputes relating to claims under the provisions of part xi and empowers the high court to determine the costs to be paid and to issue necessary directions for such payments if deemed fit and fair, after receipt of application from either of disputing partyclause 236––this clause seeks to specify the time limit of two years from the date of completion of salvage operations for raising claims and action thereof by all concernedclause 237––this clause seeks to provide that nothing in chapter ii of part xi shall affect any treaty or arrangement with any foreign country to which indian is a party with reference to the disposal of wrecks on their respective coasts or the provisions of section 29of the indian ports act, 1908 or any person to salvage in respect of any property recovered by creeping or sweeping in contravention of that sectionclause 238––this clause seeks to empower the central government to make rules to carryout the provisions contained in part xiclause 239––this clause seeks to provide for the application of part xii to all vessels including vessels other than indian vesselsclause 240––this clause seeks to direct that any vessel engaged in coastal trade or exploration or exploitation or research in coastal waters of india shall require a licence and stipulates that no vessel chartered by an indian citizen, company or cooperative society to be taken to a port or place within india or outside india without licence granted by the director-general and the indian controlled tonnage may also be granted licence subject to certain conditions it further provides that the central government shall have the power to exempt any class of vessel by general or special order from the provision of this clauseclause 241––this clause seeks to empower the director-general to revoke and modify the licence after giving reasonable hearing to the person and provides that in case the licence ceases to be valid, the person to whom it was granted shall return it back to the director-general without any delayclause 242––this clause seeks to direct that no port clearance shall be given by the proper officer to the owner, master or agent of a foreign vessel unless such a licence is produced which is issued under this partclause 243––this clause seeks to empower the director-general, in public interest or in the interest of indian shipping if it is necessary, to give order in writing or notice for matters stipulated therein and also empowers the central government in public interest to ban any vessel from entering into india, anchorage or offshore facility in indiaclause 244––this clause seeks to empower the central government to protect the interest of indian shipping from undue foreign intervention and stipulates certain measures by a foreign country which infringes the jurisdiction of india and which can be brought to notice of the central government by the indian citizen carrying business in that country and the central government may in turn give order in writing prohibiting indian citizens from complying with such measure it further provides that the central government may by order in writing refuse to give commercial information to any court or authority of a foreign country and prohibits any person from complying with such an order by foreign authority or court subject to the conditions as specified in the said orderclause 245––this clause seeks to empower to the central government to make rules for carrying out the provisions contained in part xiiclause 246––this clause seeks to provide for application of part xiii it applies to sailing vessel, fishing vessel, vessel without mechanical of propulsion and vessel whose net tonnage is less than fifteen and engaged solely in coasting trade of india and the extent to which other provisions in the bill to apply to such vesselclause 247––this clause seeks to empower the director-general to take a decision on whether the vessel falls under part xiii or not and makes his decision thereon as finalclause 248––this clause seeks to provide by rules the safety, security and pollution prevention requirements and ensure that these requirements are met and to prohibit the vessels from proceeding to sea, unless they comply with the provisionsclause 249––this clause seeks to put an obligation on the vessels to have all certificates specified in part xii, before proceeding to sea and the manner in which safety certificates are to be issued and the power of government to provide of by rules for this purpose and the period validity of certificatesclause 250––this clause seeks to impose an obligation on the maintenance of the statement or cause to be maintained a statement about the crew of the vessel and to keep the record of the changes in crew and its communication to the shipping masterclause 251––this clause seeks to mandate that whenever cargo is jettisoned from vessel, notice shall be given to proper officer appointed for this purpose, and empower the proper officer to conduct an enquiryclause 252––this clause seeks to provide for detaining a vessel while attempting to proceed to sea in overloaded condition or carrying passengers in excess of the certified capacity and empowers the proper officer to board the vessel whenever necessary and obligates the master, owner and every other person to provide all reasonable facilities for the survey or auditclause 253––this clause seeks to provide with the power to detain the vessel which is unseaworthy or likely to pose a threat to the security or the environment it provides for the liablility of the person in charge of the vessel in respect of such unseaworthiness or threat to the security on indian coasts or offshore installations under any other provisions of this billclause 254––this clause seeks to empower the central government to exempt vessels from the applicable requirements, if it is satisfied that the requirements have been substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the caseclause 255––this clause seeks to empower the central government to make rules for carrying out the provisions contained in part xiiiclause 256––this clause seeks to provide the penalties for the contravention of the provisions as specified therein it empowers the principal officer to impose the monitory penalty, against which an appeal shall lie to the director-general it further provides that the competency to sentence the imprisonment has been vested with the court only and the table, inter alia, indicates the contravention made and the penalty to be imposed and specifying the competent authority for imposing such penaltyclause 257––this clause seeks to provide for that any person committing any offence under the bill may be tried at a place in which he may be found, or in any court which the central government may, by notification, direct in this behalf, or in any court in which he might be tried in any other law for time being in forceclause 258––this clause seeks to empower the metropolitan magistrate or a judicial magistrate of the first class to pass any sentence authorised by or under this bill on any person convicted of an offence under this enactment or any rules or regulations made thereunderclause 259––this clause seeks to provide that the report of the proper officer is required for enforcement of penalties, under section 256, against the masters or owners of special trade passenger vesselsclause 260––this clause seeks to provide that in case the person committing an offence under this bill is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of its business, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly and if such person proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence, such person need not to be subject to punishment and at the same time if it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect, such person shall be punished accordingly as per provisionsclause 261––this clause seeks to provide for depositions to be received in evidence when witness cannot be produced it provides that for the purpose of evidence during the legal proceedings, if the testimony of any witness is required in relation to the subject-matter, and the defendant or the person accused, as the case may be, after being allowed a reasonable opportunity for so doing, does not produce the witness before any court or metropolitan magistrate or a judicial magistrate of the first class or person authorised, any deposition previously made by the witness in relation to the same subject-matter before any court or metropolitan magistrate or a judicial magistrate of the first class in any other place in india or, if elsewhere, before any indian consular officer, shall be admissible in evidence it also provides that such deposition need to be authenticated by the signature of the presiding officer of any court or metropolitan magistrate or a judicial magistrate of the first class or consular officer, before whom it is made and also be subject to certain other conditions as enumerated thereinclause 262––this clause seeks to empower the high court to detain a foreign vessel that has caused the damage caused to property belonging to the government or to any citizen of india or a company, when such vessel is found within indian jurisdiction and empowers the proper officer to detain such vessel if it is expected that the vessel may depart and allow the application to be made by any person to high court for detention of the vesselclause 263––this clause seeks to provide that when an order for the detention of the vessel has been made, any commissioned officer of the indian navy or indian coast guard or any port officer, pilot, harbour master, conservator of port or customs collector may detain the vessel under instructions of proper officer and any contravention of detention order or notice is an offenceclause 264––this clause seeks to provide that if an order for the payment of any wages or other sums of money has been made but has not been paid, then such payment may be levied by distress and sale of the movable property of the person directed to pay the same under a warrant to be issued for that purpose by such a court or metropolitan magistrate or a judicial magistrate of the first classclause 265––this clause seeks to provide that in case any foreign vessel is detained under this bill, or if any proceeding is taken under this bill against the master, owner or agent of any such vessel, notice shall forthwith be served on the consular officer of the country in which the vessel is registered, at or nearest to the port where the vessel is for the time being, specifying the grounds of such detention or the proceedingsclause 266––this clause seeks to provide the manner of service of documents on any person, such as, personal delivery, leaving the same at his last place of abode, or by post and if such delivery is to be made to the master of a vessel then such document may be left on board with person in command of the vessel and if no master or owner or agent is there, it may be affixing to the master of the vessel or at a suitable place on the bridgeclause 267––this clause seeks to put responsibility on the master of a vessel to inform about birth, death, and cause of death or any other relevant details that the central government may specify at the next port or place of callclause 268––this clause seeks to put responsibility on the master of indian vessel to inform of any person missing or died on board to the director-general and the proper officer of the port or the next port of call it provides that on receiving the information, the proper officer would inquire into the causes of death and make in the official log book an endorsement to that effect whether the statement of cause of death is true or not or contrary to the result of inquiry it further provides that if it appears to the proper officer that the death occurred due to violence or other improper means, shall, report to the director-general and in case of emergency, shall take immediate steps for bringing the offender into trialclause 269––this clause seeks to provide for certain persons mentioned therein to be public servants within the meaning of section 21 of the indian penal codeclause 270––this clause seeks to empower an officer conducting investigation and inquiry to board a vessel to inspect or detain a vessel, etc, and prohibits any person to hinder or obstruct any officer or person referred above from going on board any vessel or otherwise impede him in exercution of his duties or exercise his powersclause 271––this clause seeks to empower the central government to permit such alternate provisions and arrangements in order to meet the requirements of the convention through a noticeclause 272––this clause seeks to empower the central government to give permission for a nuclear ship to proceed to sea and the central government by general or special order give such direction to the registered owner of the vessel for taking security measure as is necessaryclause 273––this clause seeks to exempt the application of this bill to veseels belonging to government or to any class of such vesselsclause 274––this clause seeks to empower the central government by order, to impose or exempt any vessel or tindal or seafarer or any class thereof, from any specified requirement contained in or prescribed in pursuance of this bill or dispense with the observance of any such requirements in the case of any vessel or tindal or seafarer, or any class thereof if it is satisfied that the requirements have been substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the case subject to restriction which is prohibited by the safety convention or pollution prevention convention and makes it an offence for breach of any such conditionclause 275––this clause seeks to empower the central government to make rules generally to carry out the provisions of the billclause 276––this clause seeks to provide for the publication of rules in the official gazette subject to previous publication and also makes the breach of it as punishable it further provides that every rule made and every notification issued by the central government shall be required to be laid before each house of parliamentclause 277––this clause seeks to protect any person acting in good faith from any suit or other legal proceedingsclause 278––this clause seeks to empower the central government to enter into agreement with other countries or organisations for effective implementation of the provisions of the billclause 279–– this clause empowers the central government to make, by order published in the official gazette, provisions for removal of difficulties in giving effect to the provisions of the bill and restrict the power to make such order within a period of three years and mandates every such order issued under this clause to be laid before each house of parliamentclause 280––this clause seeks to repeal the merchant shipping act, 1958 and the coasting vessel act, 1838 it provides for saving of various actions undertaken under the said enactments as specified therein financial memorandumclause 4 of the bill provides for establishment of the national shipping board by the central government to advise it on matters relating to indian shipping including the development thereofclause 5 of the bill provides for constitution of seafarers welfare board by the central government for advising it on the measures for promoting the welfare of the seafarersclause 6 of the bill empowers the central government to appoint the director general of shipping for discharging the powers, authorities or duties under the provisions of the billclause 7 of the bill empowers the central government to appoint surveyors at such port or place as it may consider necessaryclause 8 of the bill empowers the central government to appoint radio inspectors relating to radio communicationclause 9 of the bill empowers the central government to establish and maintain office of mercantile marine department in the ports of mumbai, kolkatta, chennai, kochi, kandla and such other ports or places for the administration of the provisions of the billclause 10 of the bill empowers the central government to establish shipping office and appoint shipping master and other officers as it may consider necessaryclause 11 of the bill empowers the central government to establish at every port a seafarer's employment office and shall appoint thereto a director and as many deputy directors and assistant directors as it may consider necessaryclause 12 of the bill empowers the central government to appoint seafarers welfare officer in any port or place outside indiaclause 54 of the bill provides for fee to be paid to the examiner appointed to examine the qualification of persons desirous of certificate of competency or certificate of proficiencyclause 115 of the bill provides for making arrangements for search and rescue at sea and establishment of rescue coordination centres and sub-centresclause 135 of the bill empowers the port authority to impose suitable charge for setting up facilities to receive wastes, facilities for handling, treatment and disposal of wastes generated on ships in an environmentally sound manner by public sector portsthe expenditure on establishing the national shipping board, constituting the seafarer welfare board, appointing the director general of shipping, the surveyors, the radio inspectors, establishing and maintaining office of the mercantile marine departments, establishing shipping office and appointing shipping master and other officers, establishing at every port a seafarer's employment office and appointing director, deputy directors and assistant directors, appointing the seafarers welfare officer, fee to be paid to the examiners will be met out of the existing budgetary allocations of the ministry of shipping the arrangements for search and rescue at sea and the establishment of rescue coordination centres and sub-centres are already in place and do not involve any additional expenditure the expenditure of setting up facilities to receive wastes, reception facilities and the facilities for handling, treatment and disposal of such wastes in an environmentally sound manner by public sector ports, or places which have an interface with ships, will be met from their own budget and charges imposed on ships for providing such facilitiesthe bill, therefore, if enacted, will not involve any additional expenditure of recurring or non-recurring nature memorandum regarding delegated legislationsub-clause (7) of clause 4 of the bill empowers the central government to make rules for the matters relating to the term of office of members of the shipping board; the manner of filling vacancies in the shipping board; the travelling allowances and other allowances payable to the members of the shipping board; and the manner of appointment of officers and other employees of the shipping board and the terms and conditions of their service2 sub-clause (2) of clause 5 of the bill empowers the central government to make rules for the matters relating to the composition of the welfare board and the term of office of members thereof; the procedure to be followed in the conduct of business by the welfare board; the travelling and other allowances payable to the members of the welfare board; the rate of levy of fee payable by owners of vessels for the purposes of providing amenities to seafarer and for taking other measures for the welfare of the seafarer; the procedure by which any such fee may be collected or recovered and the manner in which the proceeds of such fees, after deduction of the cost of collection, shall be utilised for the purpose specified in sub-clause (d)3 clause 50 of the bill empowers the central government to make rules to carry out the purposes of the provisions of the part iii of the bill sub-clause (2) specifies the matters in respect of which such rules may be made these matters, include the conditions for registration of an indian vessel; the manner of keeping the register book and making entries therein and maintenance of the records of vessels registered under this bill; the form and manner of making application for registry of an indian vessel; the other particulars descriptive of the identity of vessel; the manner of making endorsement; the procedure for issuing a provisional certificate of registry; the form of mortgage; the form of instrument effecting the transfer; the manner of description of the name, call sign and official number of indian vessel; the fee for inspection of register book and a certified copy of any entry of the register book; the procedure for registration of vessel chartered on bareboat charter-cum-demise and any other matter which is required to be or may be made4 clause 59 of the bill empowers the central government to make rules to carry out the purposes of the provisions of part iv of the bill sub-clause (2) specifies inter alia, the manning scale of seafarers; the different manning scales in relation to different categories of vessels, areas and type of operations; the requirement and grant of certificates, its form fees and its valid period and the manner of keeping the copies of certificates; the manner of conducting examination for certificate of competency or proficiency, the fee for grant of such certificate and any other matter which is required to be or may be made5 sub-clause (1) of clause 62 of the bill empowers the central government to make rules for classification of seafarers into different categories, the minimum manning scale of seafarers of such categories and the different scales of different classes to ships6 clause 68 of the bill empowers the central government to make rules, having regard to the provisions of the maritime labour convention, for the matters relating to the seafarer's employment officer these matters, include the payment of wages; hours of work and hours of rest; leave entitlement; accommodation, recreational facilities, food and catering; health protection, medical facilities, welfare and social security protection7 sub-clause (8) of clause 86 of the bill empowers the central government to make rules with respect to relief, maintenance and return to the proper port of a seafarer found in distress; the circumstances in which and the conditions subject to which the seafarer may be relieved; and to carry out the provisions of part v of the bill relating to distressed seafarer8 clause 109 of the bill empowers the central government to make rules to carry out the provisions of part v of the bill sub-clause (2) enumerates the matters in respect of which such rules may be made these matters, include the continuous discharge certificate and seafarers identity documents; other function and duties of the seafarers employment offices; the form, manner of issue of continuous discharge certificates; seafarers identity documents and fees for such certificates and documents; the qualifications of seafarers; the manner of discharge from service of seafarers; the restrictions and conditions for utilisation of any amount deposited with or recovered from shipping master; the form and manner of keeping log book and any other matter which is required to be or may be made9 clause 128 of the bill empowers the central government to make rules for safety and security requirements applicable to vessel, company or port facility under part vi of the bill sub-clause (2) thereof enumerates the matters in respect of which such rules may be made these matters, include the safety and security requirements for different classes of vessels; the manner of reporting the particulars of incidents and the authority to whom such particulars to be reported; the communication equipment, distress and safety equipment to be equipped and maintained, and the certified operators to be provided; the requirements for safety or security management; the provisions with regard to insurance, classification and condition of vessel; any other matter which is required to be or may be made10 sub-clause (1) of clause 131 of the bill empowers the central government to make rules for requiring indian vessel to be fitted with such equipment and to comply with such requirements relating to construction, survey of equipment and structure of such vessel and specifying conditions, prior to issuing a certificate under part vii of the bill11 clause 138 of the bill empowers the central government, having regard to the pollution prevention convention, to make rules to carry out the purposes of part vii of the bill sub-clause (2) enumerates the matters in respect of which such rules may be made these matters, include the conditions to comply the provisions of the conventions; the pollution prevention requirements; the form and manner and other matter relating to maintenance of record book; the reception facility, surveillance, supervision and guidance; the manner reporting the incidents to the authority to whome the incident to be reported and any other matter which is required to be or may be made12 clause 143 of the bill empowers the central government to make rules for recognition of a certificate issued under a convention in respect of vessel other than indian vessel by the government of the country to which the vessel belongs13 clause 145 of the bill empowers the central government to make rules to carry out the purposes of part viii of the bill sub-clause (2) enumerates the matters in respect of which such rules may be made these matters, include the requirements for verification of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal; the manner of requirements and the manner of survey, audit and certification of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal and modification, revocation, suspension, cancellation or surrender of the certificates and documents; the certificates to be possessed by a vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal; the manner of compliance for survey, audit and certification; the requirement and the manner of survey, audit and certification of different classes of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities; and any other matter which is required to be or may be made14 clause 166 of the bill empowers the central government having regard to the llmc convention to make rules to carry out the purposes of chapter ii of part ix of the bill sub-clause (2) provides that the rules may be made in matters relating to the limits and liability in cases where the llmc convention not applicable; the amount of limit of liability of the owner for loss of life or personal injury to passengers of a ship and any other matter which is required to be made or may be made15 clause 181 of the bill empowers the central government to make rules to carry out the provisions of chapter iii of part ix of the bill sub-clause (2) provides that the rules may be made in matters relating to the form of certificate and particulars to be given thereto; the fees to be charged for issue of certificates and any other matter which is required to be or may be made16 clause 196 of the bill empowers the central government to make rules to carry out the provisions of chapter iv of part ix of the bill sub-clause (2) provides that the rules may be made in matters relating to the limits of liability of the insurer or other person providing financial security; the form of certificate, the particulars containing therein with the conditions and fee for issue of certificate; the renewal of certificate and fees therefor and any other matter which is required to be or may be made17 clause 206 of the bill empowers the central government to make rules to carry out the provisions of the fund convention18 clause 238 of the bill empowers the central government to make rules to carry out the provisions of part xi of the bill sub-clause (2) enumerates the matters in respect of which such rules may be made these are the matters relating to manner of marking wreck; the time limit to remove the wreck; the other financial security; the measures to be taken to protect the coastline or related interest from pollution or threat of pollution; the criteria for calming rewards, the manner of fixing rewards, the payment of special compensation, the apportionment of payment amongst salvors, the salvage of persons, the payment under the contract, the payment for additional services not covered under the contract and the effect of misconduct of salvors on reward or payment and any other matter which is required to be or may be made19 clause 245 of the bill empowers the central government to make rules to carry out the provisions of part xii of the bill sub-clause (2) thereof enumerates the matters in respect of which such rules may be made these matters, inter alia, include the form of licence and the valid period of such licence and any other matters which is required to be or may be made20 clause 255 of the bill empowers the central government to make rules to carry out the provisions of part xiii of the bill sub-clause (2) provides the rules may be made in matters relating to the scale of manning and fittings material, appliance and apparatus to be carried on board by indian vessels; the certificates required to ply or proceed to sea by a vessel; the manner of issuance of grant of certificate and the period for which the said certificate shall be in force; the form for maintaining a statement of the crew of the vessel and any other matter which is required to be or may be made21 clause 275 of the bill empowers the central government to make rules to carry out the provisions of the bill in respect of matters contained elsewhere in the bill22 clause 276 of the bill provides for the rules to be published in the official gazette subject to previous publication and every rules made or notification issued under this bill shall be laid before each house of parliament23 clause 279 of the bill empowers the central government to make an order published in the official gazette, for removal of difficulties in giving effect to the provisions of this bill, and every such order issued shall be laid before each house of parliament24 the matters in respect of which rules may be made or notifications to be issued 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 powers is, therefore, of a normal character ———— a billto consolidate and amend the law relating to merchant shipping to ensure compliance with the country's obligation under the maritime treaties and international instruments to which india is a party and also to ensure the efficient maintenance of indian mercantile marine in a manner best suited to serve the national interest————(shri nitin gadkari, minister of road transport, highways and shipping)gmgipmrnd—3809ls(s3)—08-12-2016 the merchant shipping bill, 2016 [to be/as introduced in lok sabha]1 page 40, line 10,- for "international convention " read "the international convention " 2 page 43, second last line,- for "sub-section (1) section 112" read " sub-section (1) of section 112" 3 page 43, last line,- for "sub-section (1) that " read "sub-section (1) of that " 4 page 44, line 25,- omit "and " 5 page 44, line 31,- for "high seas;" read "high seas; and" 6 page 48, first line,- omit "and" 7 page 48, line 35,- for "under clauses " read "under clause" 8 page 54, in the marginal heading against clause 161,- omit "without constitution of a limitation" 9 page 54, line 25,- for "law or the" read "law for the" 10 page 59, line 23,- for "rights of " read "the rights of " 11 page 59, omit marginal citation against line 44 12 page 72, line 13,- for "specified under" read "under " 13 page 73, line 29,- for "to salvers" read "to salvors" 14 page 81, line 30,- for "period said" read "period of said" 15 page 85, line 21, in column 2- for "in contravention" read "in contravention of " 16 page 85, line 40, in column 2- for "contravention" read "contravention of " 17 page 85, line 43, in column 2- for "contravention" read "contravention of " 18 page 86, line 35, in column 2- for "survey or" read "survey" 19 page 98 , line 39 ,- for "the or notification rule should " read "the rule or notification should" 20 page 98 , line 49 ,- for "appeared to" read "appear it to" 21 page 99, line 23,- insert marginal citation "44 of 1958" 22 page 101 , line 13 ,- for "indian costal" read "indian coastal" 23 page 104 , line 2 ,- for "or assistnat" read "or assistant" 24 page 105, line 14 ,- for "person entititle" read "person entitle" 25 page 110 , line 9 ,- for "the seafeayer " read "the seafarer " 26 page 110 , line 29 ,- for "foreign part" read "foreign port" 27 page 110 , line 38 ,- for "can utilize " read "can utilise " 28 page 111 , line 1 ,- for "of seafearer" read "of seafarer " 29 page 112 , in line 1 from the bottom ,- for "official book " read "official log book" 30 page 113 , in line 1 from the bottom ,- for "dessert from " read "desert from" 31 page 114 , line 3 ,- for "desserts then" read "deserts then" 32 page 114 , line 4 ,- for "desserter then " read "deserter then " 33 page 114 , line 5 ,- for "dessertion order" read "desertion order" 34 page 115 , line 3 ,- for "the government" read "the central government " 35 page 116 , line 7 ,- for "the government" read "the central government " 36 page 117 , line ,- for "of seafearer" read "of seafarer " 37 page 117 , line ,- for "of seafearer" read "of seafarer " 38 page 117 , line ,- for "of seafearer" read "of seafarer " 39 40 page 117 , line ,- for "of seafearer" read "of seafarer " 41 page 117 , line ,- for "of seafearer" read "of seafarer " 42 page 117 , line ,- for "of seafearer" read "of seafarer " 43 page 117 , line ,- for "of seafearer" read "of seafarer " 44 page 117 , line ,- for "of seafearer" read "of seafarer " new delhi; november 16, 2016______ kartika 25, 1938 (saka)

Parliament_bills

1dced137-1071-56cd-a34e-38bb473dbb4f

the tea (altera1·ion in duties of customs and excise) bill, 1958(as introduced in lok sabha) the tea cal tera tion in duties of customs and excise) bill, 1958 (as introduced in lok sabha) a billfurther to amend the indian tariff act, 1934, and the central excises and salt act, 1944, for the purpose of altering the duties of customs and excise on tea be it enacted by parliament in the ninth year of the republic of india as follows :-i this act may be called the tea (alteration in duties of customs short title and excise) act, 1958 s z in the second schedule to the indian tariff act, 1934, for item amendment of second no5, the following item shall be substituted, namely :--scb:dt:\e, | | | | | | | | | | | | act | 32 | of ||-------------------------------|------------------------|---------------------------------------------------------|-----|----|---------|--------|----|----|----|-----|--------|-------|-------|| ----- | --- | | --- | | ------ | ---- | | - | | --- | | --- | j934· || "5 | | | | | | | | | | | | | || tea | | | | | | | | | | | | | || 10 | | | | | | | | | | | | | || , | | | | | | | | | | | | | || not exceeding | | | | | | | | | | | | | || 30 | | | | | | | | | | | | | || naye | paise | | | | | | | | | | | | || per lb | | | | | | | | | | | | | || as | | | | | | | | | | | | | || the central qt)vem- | | | | | | | | | | | | | || ment may, | | | | | | | | | | | | | || by | notification | | | | | | | | | | | | || in | | | | | | | | | | | | | || the official gazette, fix': | | | | | | | | | | | | | || ---------__--__---- | | | | | | | | | | | | | || _ | | | | | | | | | | | | | || | | | | | | | | | | | | | || _ | | | | | | | | | | | | | || | | | | | | | | | | | | | || 3 | in | the first schedule to the central excises and salt act, | | | | | | | | | | | || item no | | | | | | | | | | | | | || 14, | | | | | | | | | | | | | || the following item shall | | | | | | | | | | | | | || be | | | | | | | | | | | | | || substituted, namely | | | | | | | | | | | | | || 1944, | for | | | | | | | | | | | | || amendment | | | | | | | | | | | | | || of | | | | | | | | | | | | | || firat | | | | | | | | | | | | | || schedule, | | | | | | | | | | | | | || _ _ act | | | | | | | | | | | | | || i | | | | | | | | | | | | | || of | | | | | | | | | | | | | || 1944· | | | | | | | | | | | | | || is | | | | | | | | | | | | | || "'tea" | includes all varieties | of | | | | | | | | | | | || the product known commer- | | | | | | | | | | | | | || cially | | | | | | | | | | | | | || as | tea, and also in- | | | | | | | | | | | | || cludes green | | | | | | | | | | | | | || 1!ea | | | | | | | | | | | | | || 20 | | | | | | | | | | | | | || (i) | | | | | | | | | | | | | || tea, all varieties | except | | | | | | | | | | | | || package tea falling | within | | | | | | | | | | | | || sub-item | | | | | | | | | | | | | || (2) | | | | | | | | | | | | | || of | this-item | | | | | | | | | | | | || not | exceeding | | | | | | | | | | | | || 19 | | | | | | | | | | | | | || naye paise | | | | | | | | | | | | | || per lb | | | | | | | | | | | | | || as | | | | | | | | | | | | | || the central govem- | | | | | | | | | | | | | || ment may, | | | | | | | | | | | | | || by | notification in | | | | | | | | | | | | || the official gazette, | | | | | | | | | | | | | || fix | | | | | | | | | | | | | || (2) | | | | | | | | | | | | | || package tea, tha | is | to say, tea | | | | | | | | | | | || packed in any kind | | | | | | | | | | | | | || of | con- | | | | | | | | | | | | || tainer containing not | more | | | | | | | | | | | | || than | | | | | | | | | | | | | || 60 | | | | | | | | | | | | | || ibs net | of | tea | | | | | | | | | | | || 2s | | | | | | | | | | | | | || 21 | | | | | | | | | | | | | || naye | paise | | | | | | | | | | | | || per lb, | | | | | | | | | | | | | || plus | | | | | | | | | | | | | || the duty for the time being | | | | | | | | | | | | | || leviable under sub-item | | | | | | | | | | | | | || (i) | | | | | | | | | | | | | || of | | | | | | | | | | | | | || this | | | | | | | | | | | | | || item, | | | | | | | | | | | | | || if | not already | | | | | | | | | | | | || paid" | | | | | | | | | | | | | |declaration under the provisional collection of taxes act, 1931 (16 of 1931) it is hereby declared that it is expedient in the public interest that the 30 ,rovisions of clauses 2 and 3 of this bill shall have imm~iate effect \meier 19ji the provisional collection of taxes act, 1931 statement of objects and reasonsthis bill is being introduced for granting relief to common teas through differential excise duties so as to improve their competitive position in the world market new delhi; b gopala reddi tile 27th september, 1958 annexure extracts prom the indian tariff act, 1934 (32 of 1934) - • - • •- - the second schedule-export tariff| name | of | article | rate | of | duty ||-----------------------------|----------------------------|----------------------|---------|-------|---------|| item | no | | | | || - | | | | | || - | | | | | || - | | | | | || - | | | | | || - | | | | | || - | | | | | || - | | | | | || tea- | | | | | || 5 | | | | | || when | the | price | of | tea | :- || (i) | | | | | || does not exceed rs | | | | | || 2' | | | | | || 50 | | | | | || per lb | | | | | || 25 | | | | | || naye | | | | | || paise per lb | | | | | || (ia) | exceeds rs | 2' | 50 | per | lb || but | | | | | || does | | | | | || not | exceed | | | | || rs 3 '25 | | | | | || per | | | | | || lb | | | | | || 38 | | | | | || naye paise per lb | | | | | || (iii) | | | | | || exceeds rs | 3' | 25 | per lb | | || but | | | | | || does not | exceed | | | | || rs | | | | | || 4'00 | per | lb | | | || 50 naye paise | | | | | || per | lb | | | | || - | | | | | || (iv) | | | | | || exceeds rs | 4'00 | per lb | | | || hut | does | not exceed | | | || rs | | | | | || 4' | 75 | per | lb | | || 63 | | | | | || naye | | | | | || paise | | | | | || per | lb | | | | || (v) | | | | | || exceeds rs | 4'75 | per lb | 75 | | || naye | | | | | || paise | | | | | || per | lb | | | | || - | | | | | || - | | | | | || explanation- | | | | | || ci | | | | | || price | of | tea " | | | || means | the | price which the cen- | | | || tral government may, having | | | | | || regard to world prices | | | | | || of | tea | • | | | || fix | for this purpose from time | | | | || to time by notification in | the | | | | || official gazette | | | | | || - | | | | | || - | | | | | || - | | | | | || - | | | | | || - | | | | | || -------- | | | | | || ---- | | | | | || -----_ | | | | | || | | | | | || ------__--- | | | | | |- - - - - - the first schedule •item no description of goods rate of duty - - - - - - - 14· tea-"tea" includes all varieties of the product known commercially as tea, and also includes green tea (1) package tea, that is to say, tea packed in any kind of container containing not more than 60 ibs net of tea-(i) if, before being so packed, three annas ~r lb net duty has been paid there-- on under sub-item (2) of this item (il) if, before being so packed, four annas per lb net, duty has not been paid thereon under sub-item (2) of this item (2) tea not otherwise speci-one anna per lb net fied - - --,,'- - -__-- - -------------_- - _ -----,--~ a billfurther to amend the indian tariff act, 1934, and the central excises and salt act, 1944, for the purpose of altering the duties of customs and excise on tea the president has, in pursuance of clause (1) of article ii7 and clause (1) of article 274 of the constitution of india, recommended to the lok sabha, the introduction of the bill m n kaul, secretary ,/ minister of revenue and civil expenditure)

Parliament_bills

7f43ec91-8732-558a-92d6-53027448011b

statement of objects and reasonsindia is a union of states thousands of dialects and languages are spoken throughout the country our parliament consists of representatives of all states and union territories people of one state, for lack of adequate opportunities, do not understand the language of another - state 7 in parliament, by virtue of article 120, all business is conducted in english or hindi ] members who do not understand these two languages or are not able to express themselves _ adequately find it very difficult to function effectively as parliamentarians whenever a member addresses the house, his speech should be simultaneously _ interpreted and verbatim reports thereof be translated into all languages specified in the eighth schedule to the constitution so that other members may understand what the member is speaking about this will not only enable members to function effectively, but also help in fostering unity among different states | at present, members are required to table notices under different provisions of the rules of procedure and conduct of business in lok sabha/rajya sabha either in english or in hindi since they are not well versed in either language, they are deprived from participating meaningfully in the debates | with a view to upholding sound democratic and parliamentary system and to afford j an opportunity to members to participate in the debates and function as true parliamentarians, it is proposed that— (/) translation/interpretation facilities should be provided in all languages - mentioned in the eighth schedule; (ii) members may be permitted to table notices in al! languages in the eighth schedule; and (iii) official languages of the union should be the languages specified in the eighth schedule the bill seeks to fulfil a long standing demand and aspiration of majority of people of the country, financial memorandumthe bill seeks to provide for simultaneous interpretation and also translation facility in all languages specified in the eighth schedule to the constitution it also enables members to table notices in those languages the bill further seeks to provide that official languages of the union shall be the languages specified in the eighth schedule this was involve some expenditure from the consolidated fund of india in respect of appointment of interpreters, translators, etc it is likely that an annual recurring expenditure of about rupees ten crore is to be involved a non-recurring expenditure of about rupees fifty crore is also likely to be involved for making necessary arrangements in parliament for simultaneous interpretation and making available translation in all languages annexure extract from the constitution of india 120 (/) notwithstanding anything in part xvii, but subject to the provisions of article language to be used in parliament 345, business in parliament shall be transacted in hindi of in english : provided that the chairman of the council of states or speaker of the house of the people, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in hindi or in english to' address the house in this mother-tongue (2) unless parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this constitution, have effect as if the words or in english were omitted therefrom 343 (/) the official language of the union shall be hindi or in devanagari script official language of the union the 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 (4) the devanagri form of numerals for such purposes as may be specified the law 344 (/) the president shall, at the expiration of five years from the commencement of | commission | and ||---------------|--------|| committee | of || parliament | on |this constitution and thereafter at the expiration of ten years from such commencement, by official language order constitute a commission which shall consist of a chairman and such other members representing the different languages specified in the eighth schedule as the president may appoint, and the order shall define the procedure to be followed by the commission (2) it shall be the duty of the commission to make recommendations to the president as to - (a) the progressive use of the hindi language for the official purpose of the union; (6) restrictions on the use of the english language for all or any of the official purposes of the union; (c) the language to be used for all or any of the purposes mentioned in article 348; (d) the form of numerals to be used for any one or more specified purposes of the union;(e) any other matter referred to the commission by the president as regards the official language of the union and the language for communication between the union and a state or between one state and another and their use, (3) in making their recommendations under clause (2), the commission shal! have due regard to the industrial, cultural and scientific advancement of india, and the just claims and the interests of person belonging to the non-hindi speaking areas in regard to the public services (4) there shall be constituted a committee consisting of thirty members, of whom twenty shall be members of the house of the people and ten shall be members of the council of states to be elected respectively by the members of the house of the people and the members of the council of states in accordance with the system of proportional tepresentation by means of the single transferable vote (5) it shall be the duty of committee to examine the recommendations of the commission constituted under clause (1) and to report to the president their opinion thereon (6) notwithstanding anything in article 343, the president may, after consideration of the report referred to in clause(5), issue directions in accordance with the whole or any part of that report 346 the language for the time being authorised for use in the union for official purposes shall be the official language for communication between one state and another state and between a state and the union: provided that if two or more states agree that the hindi language should be the official language for communication between one state and another or between a state and the union official language for communication between such states, that language may be used for such communication 348 (/) 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 courts and for acts, bills, etc(i) of all bills to be introduced or amendments thereto be moved in either house of parliament or in the house or either house of the legislature of a state, (i) ofall 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, tules, regulations and bye-laws issued under this constitution or under any law made by parliament or the legislature of a state, shall be in the english language " (2) provided that nothing in this clause shall apply to any judgement, decree or order passed or made by such high court directive of development of the hindi language 351 it shall be the duty of the union to promote the spread of the hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of india and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in hindustani and in the other languages of india specified in the eighth schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on sanskrit and secondarily on other languages

Parliament_bills

cb216a51-78a5-5e99-81b3-0d0221fbb22f

bill no 28 of 2016 the constitution (amendment) bill, 2016 byshri rajesh ranjan, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2016 2 in article 243g of the constitution,—a state shall, by law," shall be substituted; and(b) "such law may contain" the words "such law shall contain" shall be substituted (ii) in clause (b), after the words "eleventh schedule" the following words shall be added, namely:—"by the year 2017"53 in article 243w of the constitution,—(i) for the words—amendment of article 243w(a) "the legislature of a state may, by law, endow" the words "the legislature of a state shall, by law, endow" shall be substituted; and10(b) "such law may contain" the words "such law shall contain" shall be substituted (ii) in clause (a), in sub-clause (ii), after the words "twelfth schedule" the following words shall be added, namely:—"by the year 2017" statement of objects and reasonsafter seventy third and seventy fourth amendments to the constitution came into force, it was presumed that most of the states shall enact necessary legislations to confer powers on panchayats and municipal bodies in their respective jurisdiction taking a leaf out of the samewhereas some of the states have endowed the powers to be exercised by the panchayats by incorporating the subjects included in the eleventh schedule to the constitution and similarly the powers to be exercised by municipal bodies in regard to subjects contained in the twelfth schedule have been conferred upon the municipal bodies however, these steps are relatively an eye-wash and infact requisite powers have not yet been conferred to the panchayats and municipal bodies concernedif we actually wish to translate the vision of our former prime minister late shri rajiv gandhi who was inspired by mahatma gandhi's ideals of 'gram rajya', a concrete mandatory constitutional provision to empower and make effective the institutions of self- government at local level is the need of the hourit is in this context that the relevant articles of the constitution are proposed to be amended so as to make it mandatory for state legislatures to enact laws aimed at conferring panchayats and municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government it has also been proposed in the bill that the law to be enacted by state legislatures shall contain provisions for the devolution of powers and responsibilities upon panchayats and municipalities at appropriate levelhence this billrajesh ranjanfebruary 8, 2016 annexure extract from the constitution of india powers, authority and responsibilities of panchayats"243g subject to the provisions of this constitution, the legislature of a state may, by law, endow the panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to—(a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the eleventh schedule 243w subject to the provisions of this constitution, the legislature of a state may, by law, endow—powers, authority and responsibilities of municipalities, etc(a) the municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon municipalities, subject to such conditions as may be specified therein, with respect to—(i) the preparation of plans for economic development and social justice; (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the twelfth schedule; (b) the committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the twelfth schedule lok sabha———— a billfurther to amend the constitution of india————(shri rajesh ranjan, mp)gmgipmrnd—4303ls(s3)—24022016

Parliament_bills

4819b207-58e3-5052-94bf-5e43a9379a81

iut no 13 ot ltd the government of union territories (amendment) bill, 1985 a' billfllr,h~ to "",en,1 the government of union territories act, 1963 be it enacted by parliament in the thirty-sixth year of the republic of india as followj;;-1 this act may be called the government of union territories (amenoment) act 1985 short title 20011963 5 amendment oc section 13 2 in the government of union terr~tories act 1963 (hereinafter referred to as the principal act), in section 13, in clause (a) of subsection (2), for the word and figures "section 14", 1he words, figures and letter "section 14 or section 14a" shall be substituted : 3 after section 14 of the principal act, the following section shau be inserted, namely:- ~ insertion of new section 14a disqualification on itround of defection for being a member "14a the provisions of the tenth schedule to the constitution shall, subject to the necessary modifications (including modificationi for construing references therein to the legislative assembly of 5 a state, article 188, article 194 and article 212 as references, respectively, to the legislative assembly of a union territory, section 11, section 16 and section 37 of this act) pp!)ly to and in relation to the members of the legislative assembly of a union territory as they apply to and in relation to the members of the legislative assembly 10 of a state, and accordingly,-(a) the said tenth schedule as so modified shall be deemed to form part of this act; and (b) a person shall be disqualified for being a member of the legislative assembly of a union territory if he is so dis- 15 qualified under the said tenth schedule as so modified" statement of objects and reasonswith a view to combating the evil of political' defections and preventing it from undermining the very foundations of our democracy and the principles which sustain it, parliament enacted the constitution (fifty-second amendment) act, 1985, to include in the constitution a new schedule providing for disqualification on ground of defection for membership of parliament and state legislatures this bill seeks to amend the government of union territones act"1963, to provide for a similar disqualification for membership of legislative assemblies of union territories and to make the provisions as to disqualification on ground of defection contained in the said schedule applicable for the purpose 2 the bill seeks to achieve the above object new delhi; s b chavan the 23rd march, 1985 new section 14a as proposed to be inserted in the government of union territories act, 1963, by clause 3 of the bill seeks to make the provisions of the tenth schedule to the constitution relating to diaquali fication on ground of defection applicable to and in relation to members of the legislative assembly of a union territory as a result, the pre~ siding officers of the legislative assemblies of union territories would become vested with powers to make rules under paragraph 8 of the said tenth schedule as so applicable in relaiion to those legislative asaem~ bues the matters provided for in the said paragraph 8 pertain to m~~t~rs of d,tlij,il and procedure the delegation of legislative power is of a normal character annexure extract from the government of union territories act, 1963(20 of 1963) - - - - 13 (1) - (2) if a member of the legislative assembly of a union territory-(a) becomes subject to any disqualification mentioned in section 14 for membership of the assembly, or (b) resigns his seat by writing under his hand addressed to the speaker, his seat shall thereupon become vacant - - - - a bill furtner to ~menq t~e qovernmen~ of unlon ter~itor~es act, ~963~ (sltrl s, b chavan, :;(;rristtr of home aflairs)

Parliament_bills

b85f2ca2-a11c-52c6-8cec-506ef4b5f8c9

annexure extracts from the crtizensip act, 1955(37 of 1955) only, that person shall not be a (3) for the purposes of the proviso to sub-section (1), born outside undivided india who was, or was deemed to be, at the commencement of the constitutioy by descent only, » a citizen of india n shall be deemed to be a citizen of india (2) where a male person cea: (2), every minor child of that ses to be a citizen of india under sub-section n shall thereupon cease to be a citizen of india: provided that any such child may, within one year after attaining full age, make a deolaration that he wishes to resum: india citizenship and shall thereupon again become a citizen of india, any male person

Parliament_bills

f9d451ce-735c-5566-9a16-454d3f823e66

the finan(je bill, 19'j9(as introduced in lok sabha) arrangement of clauses chapter i pbeldlinaay clauses1 sbort title and commencement chapter n rates of income-tax2 income-tax chapter m dulect taus income-leu3 amendment of section 10 4 amendment of section 35b 5 amendment of section 35cca 6 amendment of section 36 7 amendment of section 37 8 amendment of section me 9 amendment of section 64 10 amendment of section 8oc 11 insertion of new section sogga 12 amendment of section 8oj 13 insertion of new section 8ojja 14 amendment of section 80p 15 insertion of new section 8oqqa 16 amendment of section 208 17 amendment of section 209a clauses18 amendment of section 212 19 amendment of section 218 20 amendment of section 245d 21 amendment of section 246 22 consequential amendments to certain sections 23 amendment of section 4 24 amendment of· section 22d 25 amendment of section 23 26 amendment of schedule i 27 amendment of act 18 of 1958 chapter iv indjaect taus28 amendment of act 51 of 1975 29 amendment of act 1 of 1944 30 amendment of act 58 of 1957 31 auxiliary duties of customs 32 special duties of excise chapter v fohuln tuva tax33 extent and commencement 34 - definitions 35 foreign travel tax 36 power to exempt 37 passenger not to be permitted to board ship or aircraft without payment of foreign travel tax 38 peultifls 39 protection of action taken in good faith 40 power to make rules 41 rules and notifications to be laid before parliament 42 cesser of operation of chapter vn of act 32 of 1971 and aaving clauses43 amendment of act 6 of 1898 44 amendment of act 10 of 1963 45 amendment of act 21 of 1973 46 amendment of act 38 of 1974 the first schedule the second schedule the third schedule the fourth schedule the finance bill, 1979 a billto give effect to the financial proposals of the central govemment for the firurncial year 1979-80 be it enacted by parliament in the thirtieth year of the republic of india as follows:- chapter i preliminary5 1 (1) this act may be called the finance act, 1979 short ti tie !lad commencement (2) save as otherwise provided in this act, sections 2 to ?:1 and sections 44, 45 and 46 shall be deemed to have come into force on the 1st day of april, 1979 chapter n10 rates of incom taxincome-tax z (1) subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of april, 1979, income-tax shall be charged at the rates specified in part i of the first schedule and shall be increased, -15 (a) in the cases to which paragraphs a, b, c and d 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, calculated in each case in the manner provided therein (2) in the cases to which sub-paragraph lor sub-paragraph n of paragraph a of part i of the first schedule applies where the assessee has in the previous year any net agricultural income in addition to total income, and the total income exceeds ten thousand rupees then, -5 (/i) the net agricultural income sball 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 the first eight thousand rupees of the total income but without being liable to tax), only for the 10 purpose of charging income-tax in respect of the total income: and (b) the income-tax chargeable shall be calculated as follows:-(i) the total income and the net agricultural income 15 sball 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 n of the said paragraph a, as if such aggregate income were the total income: 20 provided that for the purposes of determining the amount of income-tax in accordance with this sub-clause, the provisions of clause (ii) of the proviso below sub-paragraph lor, as the case may be, sub-paragraph n of the said paragraph a and the provisions relating to 25 surcharge on income-tax in the said sub-paragraphs shall not apply; (ii) the net agricultural income sball be increased by a sum of eight thousand rupees and the amount of income-tax shall be determined in respect of the net 30 agricultural income as so increased at the rates spec1f1ed in sub-paragraph lor, as the case may be, sub-paragraph n of the said paragraph a, as 11 the net agricultural income as so increased were the total income: provided that for the purposes of determining the 35 amount of income-tax in accordance with this sub-clause, the provisions of clause (i) and clause (ii) of the proviso below sub-paragraph lor, as the case may be, sub-paragraph n of the said paragraph a and the provisions relating to surcharge on income-tax in the said sub-40 paragraphs shall not apply: (iii) the amount of income-tax determined in accordance with sub-clause (i) shall be reduced by the amount of income-tax determined in accordance with sub-clause (ii): 5 provided that where the sum 80 arrived at exceeds seventy per cent of the amount by which the total income exceeds ten thous8dd rupees, the excess shall be disregarded; 10 (iv) the amount of income-tax determined in accordance with sub-clause (iii) shall be increased by a surcharge (or purposes of the union calculated at the rate of fifteen per cent of such income-tax 8dd the sum 80 arrived at shall be the income-tax in respect of the total income 15 (3) in cases to which the provisions of chapter xu or 43 of 1961 section 164 of the income-tax act, 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 imposed by sub-section (1) or the 20 rates as specified in that chapter or section, as the case may be (4) in cases in which tax has to be deducted under sections 193, 194, 194a, 194b, 194bb, 194d and 195 of the income-tax act at the rates in force, the deduction shall be 25 made at the rates specified in part u of the first schedule (5) subject to the provisions of sub-section (6), 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 udder sub-section (4) of section 172 or sub-sectjon (2) of 30 section 174 or section 175 or sub-section (2) of section 176 of the said act or deducted udder section 192 of the said act from income chargeable under the head "salaries" or deducted under sub-section (9) of section 80e of the said act from amy payment referred to in the said sub-section (9) or in which the 35 "advance tax" payable under chapter xvu-c of the said act has to be computed, at the rate or rates in force, such incometax or, as the case may be, "advance tax" shall be 80 calculated, charged, deducted or computed at the rate or rates specified in part m of the first schewle: 40 provided that in cases to which the provisions of chapter xli or section 164 of the income-tax act apply, "advance tax" shall be computed with reference to the rates imposed by this sub-section or the, rates as specified in that chapter or section, as the case may be (6) in the cases to which sub-paragraph i or sub-par8kj'llph n of paragraph a of part m of the first schedule applies, where the assessee has in the previous year or, if by virtue of any provision of the mcome-tax act income-tax is to be charged in respect of the income of a period other than the previous 5 year in such other period, any net agricultural income in addition to total income and the total income ~ceeds ten thousand rupees then in calculating income-tax under the first proviso to sub-section (5) of section 132 of the incometax act or in charging income-tax under sub-section (2) of 10 section 174 or section 175 or sub- section (2) of section 176 of the said act or in computing the "advance tax" payable under chapter xvn-c of the said act, at the rate or rates in force,-(a) the net agricultural income shall be taken into account, in the manner provided in clause (b) (that is to 15 say as if the net agricultural income were comprised in the total income after the first eight thousand rupees of the total income but without beidg liable to tax), only for the purpose of calculating, charging or computing such income-tax or, as the case may be "advance tax" in 20 respect of 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:-(0 the total1ncome and the net agricultural income shall be aggregated and the amount of income-tax or 25 "advance tax" shall be determined in respect of the aggregate income at the rates specified in sub-paragraph i or, as the case may be sub-paragraph n of the said paragraph a as if such aggregate income were the total income: 30 provided that for the purposes of determining the amount of income-tax or "advance tax" in accordance with this sub-clause the provisions of clause (ii) of the proviso below sub-paragraph lor, as the case may be, sub-paragraph n of the said paragraph a and the 35 provisions relating to surcharge on income-tax in the said sub-paragraphs shall not apply; (ii) the net agricultural income shall be increased by a sum of eight 1housand rupees and the amount of income-tax or "advance tax" shall be determined in 40 respect of the net agricultural income as so increased at the rates specified in sub-paragraph lor, as the case may be, sub-paragraph n of the said paragraph a, as if the net agricultural income as so increased were the total income: 45 provided that for the purposes of determlnjdg the amount of mcome-tax or "advance tax" in accordadoe with this sub-clause, the provisions of clause (i) add clause (ii) of the proviso below sub-paragraph i 5 or, as the case may be, sub-paragraph d of the sald paragraph a add the provisions reladng to surcharge on inoome-tax in the said !!lib-paragraphs shall dot apply; (iii) the amount of mcome-tax or "advance tax" 10 determined in accordance with sub-clause (i) shall be reduced by the amount of inoome-tax or, as the case may be, "advance tax" determined in accordance with sub-clause (ii): provkled that where the' sum so arrived at exceeds 15 sixty per cent of the amount by which the total income exceeds ten thousand rupees the excess shall be disregarded; (iv) the amount of income-tax or "advance tax" determined in accordance with sub-clause (iii) shall 20 be increased by a surcharge for purposes of the union calculated at the rate of twenty per cent of such incometax or as the case may be, "advance tax" and the sum so arrived at shall be the inoome-tax or, as the case may be, "advance tax" in respect of the totallnoome 25 (7) for the purposes of this section and the first schedule -(/i) "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 iiloome-tax act; (b) "domestic company" means an indian company, or any 30 other company wh1ch, in respect of its income liable to income-tax udder the income-tax act for the assessment year commencing on the 1st day of april, 1979, has made the prescribed arrangements for the declaration and payment within india of the dividends (mcluc:ung dividends on 35 preference shares) payable out of such income in accordance with the provisions of section 194 of that act; (c) "industrial company" means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power ox 40 in the construction of ships or in the mauuf&oture or processing of goods or in mining etpltllujtitm - por the purpo_ of thi_ olaulmi, a oompany shall be deemed to be ma1dly eapged in the bulnes of galeration or distrlbut10n of electrloity or any other form of power or in the ooilstruct1on of iiilipe or in the ld8ilufaoture or prooeuldg of aoods or 5 in mining, if the inoome attributable to any one or more of the ai»resa1d activities included in its total inoome of the previous year <as oomputed before maldng any deduction 1ulder chapter via of the idoome-tax act) i8 dot less than gfty-one per cent of suoh total inoomei 10 (ei) ''insurance oomms,lon" means any remuneration or reward, whether by way of oommis8ion or otherwi for solioltlng or proourlng insuranoe busidess (lnoludjng busines8 relating to the oontiduance, renewal or revival of polioies of insuranoe)" 15 20 (e) ''net agricultural income", in relation to a person, means the total amount of agrioultural income, from whatever souroe derived, of that person computed in aocordanoe with the rules contained in part "iv of the first schedule i (f) "tu:-free 88ourlty" means any 880urlty of the central govemment issued or declared to be income-tax free or any security of a state govemment issued income-tax free the income-tax whereon is payable by the state govel'dld8dt i 25 (ii) all other words and expressions used in this sectton or in the first schedule but dot defined in this subsection and defined in the income-tax act shall have the meanjngs respectively assigned to them in that act 30 chapter m dluct tausincollle-t4r a in section 10 of the income-tax aot,-(a) in olause (6), in the ezpltllujtwn to sub-clause (liiia) with effect from the 1st da,y of june 1979 -35 (i) in clause (ii) the word "or" shall be inserted at the end; (ii) after clause (it) the following clause shall be inserted, daiilely:-"(iii) sucb other field as the cedtral government mav, bavidg regard to the avi1labiuty of ldd1ans baving specialised knowledge and experiedce therein the needs of the country and other relevaat circumstuces, by doufication in the official gazette specify, "; (b) in clause (15), in sub-clause(u) , the fonowing proviao shan be 1dserted with effect from the 1st dav of april, 1980, namely:-10 ''provided that where in the case of an &8ses8ee the 1dterest on deposits in a public account of the nature referred to in item (3) in the table below rule 3 of the post office savinga banks rule8 1966 exceeds two tbou88dd two hundred and fifty rupees the amount of interest on sucb depo8it8 that 8hall not be idc luded in the totai1ncome of the asse88ee udder this 8ub-clause shall be two thousand two hundred and fifty rupees;"; 20 (,) after clause (23b) the following clauses 8hall be inserted and sball be deemed always to bave been inserted namely:-215 "(23bb)any lncome of an authority (whether known as the khadi and village lddustries board or by any other name) estabusbed in a state by or under a state or provincial act for the development of khadi or villap industries in the state 61 oj 1956 30 elplgn4tton -- for the purposes of this c]aus~ ''khadi'' and ''v1llage industries" have the mean1dgs respectively &8signed to them in the kbadi and village industries commission act, 1956; 36 40 21 of 186() (23bba) any income of any body or authority (wbether or not a body corporate or corporation sole) establisbed, constituted or appofdted by or under any central, state or prov1dcial act which provides for the administrauon of any one or more oftbe following tbat is to sry public reugious or charitable trusts or endowments (including mglhs, temples 8i'rdwlrls, wufs, cburcbes, synagogues, agiaries or otber places of public religlous 1iiior8hip) or societies for religious or charitable purposes registered as such under the societies registration act, 1860 or any otber law for the time being in force: provided that nothidg in this olause aball be oodbtrued to exempt from tax the idoome of any trust endowmedt or society referred to therein,' - a8e __ t of in section 36b of the income~ax act with effect from the _ectloa 3511 1st day of april, 1988,,-(0) in sub-section (1), in clause (b), in sub-clause (il, the words, figures and letters " where such expenditure is incurred before the 1st da,y of april, 1978"shall be omitted, (b) sub-section (ia) shall be omitted aldidclatedt of l in section 35cca of the income-tax act with effect from 10 hctiod 3scca the 1st da,y of june 1979,-(ii) for sub-section (i) the followidg sub-section shall be substituted namely:-tt( 1) where an as88ss88 idcurs any expedditure by way of payment of any sum -115 (ii) to an association or 1dat1tut10n, which baa &8 lta ob3ect the undertaking of any programme of rural developmej&, to be used for carrying out any programme of rural developmeat approved by the prescribed authortty;or 20 (b) to an usociation or 1dst1tuuon which baa as ita ob3ect the tra1d1dg of persons for implemeating programmes of rural developmeut 26 the assessee ahall, subject to the provisions of sub-section (2) be allowed a deduction of the amollllt of such ekp8nd1-ture 1dcurred during the previous year "; (b) in sub-aect1on(2h for the portion beginning with the words ''this section appues tt and endidg with the words "in this behalf by the prescribed authority:", the following shall be substituted, namely:-30 " the deduction under sub-section (1) shall iiot be allowed wjth respect to expenctiture by way of pa,yment of any sum to any association or 1n8utution, unless such association or 1d8tltution is forthe time being approved in this behalf by the prescribed adhority:" 36 ie in section 36 of the income-tax act in sub-section (1) ajdeddmatoi with effect from the 1st day of april 1980-section 36-(4) after clause (i) the following clause shall be inserted namely:-5 "('4) the amount of any premium paid by a federal milk co-operative society to effect or to keep in force an insurance on the life of the cattle owned by a member of a co-operative society being a primary society engaged in supplying milk raised by its members to such federal 10 milk co-operative society;", (b)i after clause (vii) the following clause shall be inserted; namely:-'(viia) in respect of any provision for bad and doubtful debts made by a scheduled bank in relation to advances 15 made by its rural branches an amount not exceeding one and a half per cent of the aggregate average advances made by such branches computed in the prescribed manner explghcltion -for the purposes of this clause -20 (i) "rural branch" means a branch of a scheduled bank situated in a place which has a population of not more than ten thousand according to the last preceding census of which the relevant figures have been published before the first day of the previous year; 25 (ii) "scheduled bank" has the same meaning as in the erplgft4tion at the end of clause (b) of sub-section (2) of section 11, but does not include a co-operative bank;'; (el in clause (viii) for the portion beginning with the words "agricultural development in india" and ending with the words 30 "carried to such reserve accoudt:" the following shall be substituted namely:-"agricultural development in india, an amount not exceeding forty per cent of the totallncome (computed before making any deduction under chapter via) carried to such reserve 35 account:" 7 in section 37 of the income-tax act, in erplatllluon i below amendment of sub-section (3b) for the wrds " is certified by the prescribed hctiaa 37 authority as not exceeding" th8 words "does not exceed" shall be substituted ld secticm me of the ldcome~ act,-(a) in sub-section (3) after cla1l8e (b) ad before the eqltdultlon, the following proviso shall be 1n8erted, namely:-''provided that nothing in this sub-section shall appl,y to or in relation to the additional comped8at1on or, as the case mav be, the add1t1onal consideration received by the assessee after the 28th day of february, 1979 "; (b) after sub-section (6), the following sub-section shall be inserted, dame1y:-10 " (7) nothing in this section shall apply to or in relation to any capital ga1d ariaing from any transfer of a capital asset made after the 28th ~ of february, 19'19 " 16 i in section 64: of the income-tax act with effect from the 1st ~ of april 1980,- (a) in sub-section ( i), -(il in explcllatioft i" for the words, brackets add figure "for the purposes of clause (i)", the words brackets am figures "for the plrposes of clause (i) and clause (u)" shall be substituted; 20 (it) after elplangtion i the following explanation shall be inserted namely:-"elplanation ia • -for the purposes of clause (i) where the spouse of an individual is a beneficiary under a trust the idcome ariaing to the trustee from 26 the membership of the trustee in a firm carrying on a bus1dess in which such individual is a partner shall to the extent such income 1s for the benefit of the spouse of such individual, be deemed to be income arising indirectly to the spouse of such individual 30 from the membership of the spouse in a firm carrying on a business in which such individual is a panner "; (iii) after expl "tion 2, the following elplanation shall be inserted namely:-"explangtioll 2al: -for the purposes of clal1se (iii), 36 where the minor child of an individual is a beneficl8ry under a trust, the idcome arising to the trustee from the membership of the trustee in a firm shall, to the extent such income is for the benefit of the minor child be deemed to be idcome arising indirectly to the minor child 40 ·from the adm •• jon of tbe minor to the bedeftt of partder-8h1p in a firm it; (b) in bub-section (2) 5 (i) after the wordb ''into the oommoo stook of tbe family", the words ''or makidg a gift of suoh 8eparate property to the family" shall be· in8erted; (ti) the explanatidn shall be iluldbered as ejplan4tidn 1 and after eqlcdl4tioil 1 as 80 nwnbered, the followidg ezpl4rull1011 shall be 1uerted, namely:-10 'elplfll4£io1l 2 - -for the purposes of this section, "income" includes 10s8 ' alii8dcbaeatof mctlaa ioc d in section 80c of the income-tax act, for sub-section (i~ the following sub-section shall be substituted with effect from the 1st day of april, 1980, namely:-15 " (l)in computing the total income of an 88sessee, there shall be deducted, in accordaoce with and subject to the provisions of this section, an amount calculated, with reference to the agregate of the sums specified in subsection (2), at the following rates, namely:-20 the whole of such aggregate; (a) where such agregate does not exceed rs 5, 000 (b) where such aggregate exceeds rs 5,000 but does not exceed rs 10, 000 rs 5000 plus 35 per cent of the amount by which wch aggregate exceeds rs 5, 000; 25 - (c) where such aggregate exceeds rs 10, 000 rs 6, 750 plus 20 per cent of the amount by which such aggregate exceeds rs10, 000 " idhrtiaa of new ilectioa 8ogga 11 in chapter via of the income-tax act, under the heading " b- deductions in respect of certain paylftmts'~ after section 8ogg, the following section shall be werted with effect from the 3 0 1st day of aprll, 1980, aame]y:-'8~ ( 1) in oojdputldg the total 1dcome of an assessee, there shall bedecboted in accordance with and subject to the provisions of this section, the sums speolfjed in bub-section (2) (2) the iujd8 referred to in ~aeotioil (1) sball be the fouowldg, amelr-(a> any bum paid by the assessee in the prev8 year to a aclentjflc research assoclatlon wblch has as ltb object the uddertaiddc of scleatlflo research or to a udlverslty, 6 college o~ other idjititltiod to be used for sclentioc rebeareb: provided tbat such association, udiverslty, oollege or ldbtltutldn lb !)r the time being approved for the puposes of clause (ti) of li1b-sectjon (1) of sectjon 36: 10 (b) any 8wd paid by the assessee in the previous year-(t) to an assoclatlon or inbtitutjon, which has as its object the undertaldng of any programme of rural ckwelopmedt, to be used for carryidg out uj programme of rural developmedt approved for the pj,r-16 poses of section 36cca: or (it) to an usoclatlon or jnstitution which has as its object the traldjdg of persons for tmplemedting programmes of rural development: provlded tbat the uaoclauon or ldbtltutlon ls for the 2 0 time being approved for the purposes of aub-section (2) of sectioll36cca (3) notwlthbtamlng anything oontalded in 1iilb-aed:lon (1)" do decl1at1on udder thlb sectlon shall be allowed in the caae of an asse8bee whose gross total lnoome ldcludes 2 5 lnoome which is chargeable under the head "profits and pjns of business or profession" (4) where a decmctlon udder this section is cla1med add allowed for an;y &8ses8medt year in respect of any payments of the datilre specloed in sub-section (2), deductjon bba11 not 3 0 be allowed in respect of such payments under any other provision of th18 act for the same or any other assessment year ' a tof mctioo ioj 35 12 in section 800 of the income-tax act, in bub-sectlon (4), after the seoond proviso and before explanation 1, the following proviso 8hall be lnberted, name]y:-'provided also that in the case of an industrial undertaking which manjfac1ures or produces any article apeclfled in the list in the eleventh schedule, the provisions of olause (ui) shall have effect aa if for the words "thlrty-three years", 4 0 the words "thirty-one years" had been substituted ' | inaertion | of ||--------------|---------|| new | section || sojja | |13, in the income-tax act, after section 800'j, the following section shall be inserted with effect from the 1st day of aprll, 1980, namely:-5 "800'ja where the gross total income of an assessee includes any profits and gains derived from a rosiness of growing mushrooms, not being profits and gains that are in the nature of agricultural income, there ~hall be allowed, in computing the total income of the assessee, a deduction as specified h~reunder, namely:-10 [)eduction in respect of prof! ts and pins from busineas of growinc mubbloom (a) in a case where the amount of such profits and gains does not exceed ten thousand rupees, the whole of such amount: and (b) in any other case, one-third of the amount of 15 such profits and gains or ten thousand rupees, whichever is higher " ali1endment of aection sop u in section 80p of the income-tax act, in sub-section ( 2), in clause (c), for the words "so much of its profits and gains attrlrotable to such activities as does not exceed twenty 20 thousand iupees;", the following shall be substituted with effect from the 1st day of april, 1980, namely:-'so much of its profits and gains attributable to such activities as does not exceed,-(i) where such co-operatlve society is a consumers' 25 co-operatlve society, forty thousand rupees; md (it) in my other case, twenty thousand rupees explanation __ in this clause, "consumers i cooperative society" mems a society for the benefit of the consumers:' - | insertion | of ||--------------|---------|| new | section || soqqa | |30 u in the income-tax act, after section 8(qq, the following section shall be inserted with effect from the 1st day of aprll, 1980, namely:-'8oqqa (1) where, in the case of an individual resident in indla, being an author, the gross total income 3 5 of the previous year relevant to the assessment year commencing on the 1st day of april, 1980, or to any one of the four assessment years next following that assessment year, includes any income derived by him deduction in respect of prole_81onal ideome of authors of text boob ill indi8ll laalual_ in the exercise of his profession on account of any lump sum consideration for the assignment or grant of any of his interests in the copyright of any book, or of royalties or copyright fees (whether receivable in lump sum or otherwise) in respect of such book there shall, in accordance with and subject to the 5 provisions of this section, be allowed, in compltlng the total income of the assessee, a deduction from such income of an amount 8cfl&1 to twenty-five per cent thereof (2) no deduction under su~sectlon (1) shall be allowed unless-10 (a) the book is either in the nature of a dictionary, thes8d ius or encyclopaedia or is one that has been prescribed or recommended as a text book, or included in the currlcumm, by any u nlversity, for a degree or post-graduate course of that university; and 15 (b) the book is written in any language specified in the eighth schecmle to the constitution or in any illch other language as the cedtral government may, by notlficatlon in the official gazette, specify in this behalf having regard to the need for promotion of pj,bl1catlon 2 0 of books of the nature referred to in clause (a) in that language and other relevaut factors elj)lancation ~ for the pj,rposes of th18 section,-(i) "author" includes a joldt author; (ii) ''lnmp illm", in regard to royalties or copyright 2 5 fees, includes an advance pllyment on aocount of illch royalties or copyrtabt fees wh1ch 1& dot retllrdable; (iii) ''0 diversity" shall have the same meaning as in the erplluujt~n to clause (ir) of section 47 r ameadmeat of 30 mctioil2~ •• in sectlon 208 of the income-tax act, in sub-section (2), in clause (b), for the lette~ and figures "rs30,000", the letter and figures "rs 20, 000" sla11 be subftltuted 11 in sectlon 209a of the income-tax act,-amendment of cue 209a (el) in bub-llectlon (1),-(i) in the opening portion, for the words "before the 3 5 date", at both the place where they occur, the words "on or before t:iaedate" aha11 be subatlt\1ted; (ii) fortbe portion beglnnldg with tile words "and s_ll pay such amount" and ending with the words and flaures ''under sectlon 211 ", the followlng shall be subbtltuted namely:-"and sball pay such amount of advance tax,-5 (i) in a case talllng under clause (a), as accords with the statement in 8(jlallnstalments on the dates applicable in his case under section 211; and (ii) in a case falllng under clause (b), as accords 10 with the estimate in equallnstalments on such of the dates applicable in his case as have not expired, or in one iiwd if only the last of such dates has not expired "; (b) in sub-section (2), for the words "at any time before 16 the date", the words "on or before the date" shall be bubbtltuted; (e) in sub-section (3) , for the words "at any time before the last lnstalment", the words "on or before the date on which the last instalment" shall be substltuted; 20 (d) in li\lb-section(4) ,-(i) lor the words "at any time before the date", the words "on or before the date" shall be substl1uted; (ii) in the proviso, for the words "before the date on which the last instalment ", the words "on or 26 before the date on which the last instalment" shall be substituted, and for the words "betbre such date", the words "on or before such date" shall be substituted; (e) in sub-section (5), for the words "before anyone of the dates", the words "on or before anyone of the 30 dates" shall be substituted •• in section 212 of the income-tax act,-(4) in sub-section (1), in the openlng portion, lor the words "at any time before the last lneta1ment", use words "on or before the date on which the last 35 instalment" shall be substltuted: (b) in sub-section (2), for the words ''before any one of the dates", the words "on or before any ode of the dates" shall be subatltuted; (c) in sub-sectjon (ja) , -(i) for the words "at any time before the date", the words "on or before the date" shall be substituted; (ii) in the proviso, for the words "before the date 5 on which the last instalment", the words "on or before thd date on which the last instalment" shall be substituted ameadment of ii in section 218 of the income-tax act, in sub-section section 218 (2), for the words "before the date", the words "on or 10 before the date" shall be substituted ameildmeat of - in section 245d of the income-tax act,-aeetiod 24sd (a) ld sub-section (1), the second proviso shan be omltted; (b) after sub-section (1), the following sub-section 15 shall be inserted, namely;-"(la) notwlthstancilng anything contained in subsection (1), an appllcatlon shall not be proceeded with under that sub-section if the commlssloner objects to the application beldg proceeded with on 20 the ground that concealment of particulars of income on the part of the appucant or perpetration of fraud by him for evading any tax or other sum chargeable or imposableudder the indian mcome-tax act, 1922, 11 of 1922, or under this act, has been established or is llkely 25 to be establlsbed by any income-tax authority, in relation to the case: provided that where the settlement commission is not satisfied with the correctness of the objection raised by the commissioner, the settlement 30 commission may, after giving the commissioner an opportunity of being heard, by order allow the appllcatlon to be proceeded with udder sub-sectlon (i) and send a copy of its order to the commissioner " am_meat of 11 in section 246 of the income-tax act, with effect 35 aectioll 246 from the 1st day of june, 1979,-(a) in sub-sectlon (2) -(i) for clause (a) the following clause shall be substituted, namely:-"(a) an order speclfled in clauses (b) to (it) 40 (both inclusive) and clauses (1) to (0) (both inclusive) of sub-section (1) or an order under section 104, made against the assessee, being a company;"; (ii) clauses (d) and (t) shall be omitted; 5 (b) after sub-section (3) and before the explanation i the following sub-sectlons shall be inserted, namely:-10 15 u (4) every appeal against an order specified in clauses (b) to (h) (both inclusive) and clauses (1) to (0) (both inclusive) of sub-section (1) made against the assessee, being a company, which is pending immediately before the 1st day of june, 1979 before an appellate assistant commissioner and any matter arising out of or connected with such appeal and which is so pending shall stand transferred on that day to the commissioner (appeals) and the commissioner (appeals) may proceed with such appeal or matter from the stage at which it was on that day: 20 provided that the appellant may demand that before proceeding further with the appeal or matter, the previous proceedlng or any part thereof be re-opened or that he be re-heard 25 30 (5) notwithstanding anything contained in subsection (i), the board may, by order in writing, transfer any appeal which is pending before an appellate assistant commissioner and any matter arising out of or connected with such appeal and which is so pending to the commissioner (appeals) if the board ls satlsfied that it is necessary or expedient so to do having regard to the nature of the case, the oomplexities involved and other relevant considerations and the commissioner (appeals) may proceed with such appeal or matter from the stage at which it was before it was so transferred: 35 provided that the appellant may demand that before prooeedlng further with the appeal or matter, the previous proceeding or any part thereof be re-opened or that he be re-heard" ii (1) the followldg amendment (beidg an amendment of a codseq1ential nature) sball be made in ihe income-tax act, namely:-in the eleventh schedule, for tbe brackets, words, figures and letter" (see section 32a)", the brackets, & words, figures uu:lletters " i:see section 32a and section 80ij(4)j" shall be substituted (2) the following amendments (being amendmeots of a consequential nature) shall be made in the income-tax act with effect from the 1st day of april, 1980, namely:-10 (a) in sub-sectlon (1) of section 20, in clause m, for the words, brackets and figures "clauses (iii),(vi) and (iii i) ", the words, brackets, flgures and letter "clauses (iii), (vi), (liii) and (viia)" sball be substituted; (b) in sub-section (3) of section 8m-15 (i) after the word, figures and letter "section 8og" the words figures and letters "or section 80gga" shall be inserted; (u) after the word figures and letters "section 8ojj", the words figures and letters "or section 80ijja" shall 20 be lnserted; (e) in sub-section (3) of section 80p,-(i) after the words, figures and letters "or section 8qjj", the words, figures and letters "or section 800'ja" shall be inserted; 2& (ii) for 1he words, figures and letters "section 800' and section 8qjj" the words, figures and letters "section 800' section 80ijj and section 800'ja" shall be substituted 30 27 of 1957 aldeadaleat of aectioa 4 ii in the w eal1h-tax act, 1957 (hereinafter referred to as the wealth-tax act) in section 4, with effect from the 1st day of aprll, 1980-(a) in sub-sectlon (ia) after the words "into the common stock of the tamlly" the words "or makjng a gift of sucb separate property to the family" shall be inserted; (b) in sub-sectlon (3), after the words, brackets, letter and figure "clause (0) of sub-section (n", the words, brackets, figure and letter "or sub-section (m)" sball be inserted 2" in section 22d of the wealth-tax act,-& amendmeat of aection 221> (0) in sub-section (1), the second proviso sball be omitted; (b) after sub-section (1), the following sub-section shall be werted, namely:-10 "(ia) notwithstanding anything codta1ned in subsection (1), an appucatlon shall not be proceeded with under that sub-seotion if the commissioner objects to the appllcatlon being proceeded with on the ground that concealment of particulars of the 1& net wealth on the part of the applicant 0 r perpetration of fraud by him for evading any tax or other sum chargeable or imposable under this act has been established or is likely to be estabusbed by any wealth-tax authority, in relation to the case: 20 provided that where the settlemejt commission is not satisfied with the correctness of the objection raised by the commissioner, the settlement commjssion may, after giving the commissioner an oppcntun1ty of being beard, by order, allow the application to be 26 proceeded with under sub-section (1) and send a copy of its order to the commissioner " ii, in section 23 of the wealth-tax act, after sub-section amead_t of (18), the following sub-section shall be inserted with effect from aactiod 23 the 1st day of june, 1979, namely:-| 30 | "(lc)notwitbstanding anything contained | in | sub-section ||-----------------------------|--------------------------------------------|----------------------------|------------------|| (1), | | | || the board may, by | order | | || in | | | || writing, | transfer | any appeal which | || is | | | || pending before an appellate | assistant | commissioner and | || any | | | || matter | arising | | || olt | | | || of | or | connected with such appeal | || add | | | || which | is | so | pedding || to | | | || the | commissioner | (appeals) | || if | | | || the | | | || 81 | board | is | satisfied || it | | | || is | necessary | or | expedielt || to | | | || do | | | || having | regard | | || to | | | || the | nature | of | the || involved and | | | || other | relevant | considerations | and the || commissioner | (appeals) may | proceed | with such appeal || matter | from | | || the | | | || stage | | | || at | | | || which | it | was before | it || 40 | | | || transferred: | | | |provided that the appellant may demand that before proceeding further with the appeal or matter, the previous proceeding or any part thereof be re-opened or that he be re --heard " - 5 ajdeftdment of scbedule i b in the wealth-tax act, for part i of schedule i, the fa howing part shall be substituted with effect from the 1st day of april, 1980, namely:- "part i(1) in the case of every individual or hindu undivided family, not being a hindu undivided family to which item (2) of this 10 part applies, -ratt of tal (a) where the net wealth does not exceed rs 2, 50,000 1 per cent of the net wealth; 15 (b) where the net wealth exceeds rs 250,000 but does not exceed rs 5 00 000 rsl,250 plus 1 per cent of the amount by which the net wealth exceeds rs 2, 50, 000; 20 (e) where the net wealth exceeds rs500000 but does not exceed rs 1000,000 rs3,750 pills 2 per cent of the amount by which the net wealth exceeds rs 5,00,000; 25 (d) where the net wealth exceeds rsio,ooooo but does dot exceed rs 1500,000 rs 13,750 plus 3 per cent of the amount by which the net wealth exceeds rs 1000,000; (t) where the net wealth exceeds rs15,oo000 rs 28,750 plus 5 per cent of the amount by which the net wealth exceeds rs 15, 00, 000: provided that for the purposes of this item,-(i) no wealth-tax shall be payable where the net wealth 30 does not exceed rs 1,00000; (ti) the wealth-tax payable shall, in no case, exceed 5 per cert of the amount by which the net wealth exoeeds rs1, 00, 000 (2) in the case of every hindu undivided family which has at least one member whose net wealth assessable for the assessment year exceeds rs i, 00, 000,-rate of tax 5 ii per cent of the net wealth; ( a) where the net wealth does not exceed rs 2, 50, 000 rs3,750 plus 2 per cent of the amount by which the net wealth exceeds rs 2, 50,000; (b) where the net wealth exceeds rs 2,50,000 but does not exceed rs 5,00,000 10 (c) where the net wealth exceeds rs 5,00,000 but does not exceed rslo, 00,000 rs 8,750 plus 3 per cent of the amount by which the net wealth exceeds rs 5, 00,000; (d) where the net wealth exceeds rslo,oo,ooo rs 23,750 plus 5 per cent of the amoudt by which the net wealth exceeds rslo, 00,000: 15 provided that for the purposes of this item,-(t) no wealth-tax shall be payable where the net wealth does not exceed rsl, 00, oooi (it) the wealth-tax payable shall, in no case, exceed 5 per cent of the amount by which the net wealth exceeds 20 rsl,oo,ooo" gift-talamendment of act 18 of 1958 21 in section 22 of the gift-tax act, 1958,aiter sub-section (lb) , the following sub-section shall be inserted with effect from the 1st day of june, 1979, namely:-25 "(ie) notwithstanding anything contained in sub-section (1), the board may, by order in writing, transfer any appeal which is pending before an appellate assistant commissioner and any matter arising out of or connected with such appeal and which is so pending, to the commissioner (appeals) if the board is 30 satisfied that it is necessary or expedient so to do having regard to the nature of the case, the complexities involved and other relevant considerations and the commissioner (appeals) may proceed with such appeal or matter from the stage at which it was before it was so transferred: 35 provided that the appellant may demand that before proceeding further with the appeal or matter, the previous proceeding or any part thereof be re-opened or that he be re-heard " chapl'er iv indiuct taus| amead | ||-----------------|------------------|| eat | || of | || 21 | the || act | 51 || the | customs || be | || amended | || in | || the | manner || in | || the | second schedule || & | || a | || eactment | || of | || act 1 | || of | || 1944 | || b | || the | central || 1944 | || (hereinafter | referred || to | || 88 | || the | ceutral || be | || amended | in || apecwed | || in | the || third | || schedule | || 10 | || aeeadld_t | || of | || act 58 | || of | || 1957 | || •• | the || importance) | || act, | || 1957 | || (hereinafter | referred || as | || the | additional || duties | || of | exci8e act), || shall | be || amended | in || in | || the | fourth || auxiubi)' | || duu_ | of || curtoma | || 16 | || 52 | || of 1962 | || ii | || (1) | || in | || the | case || of | || goods | || meotioned | || in | || the | || first | || schedule | || to | || the | customs || in | || that | schedule || 88 | || amended | || frqol | || time | to || be | || levied | || and collected | || as | an || auxlliary | || duty of | customs || an | amount || equal | || to | || twenty | per || cent | || of | || the | value || of | || the | || goode | || as | determided || in | || accordadce with | the || of | || section | || 14 | || of | || the | customs || act, | || 1962 | || (hereinafter | referred || as | || the | customs act) || (2) | || sub-sect1on ( | || 1) | || shall | cease || to | || have effect | after || 31st | 20 || day | || of | || march, | 1980, except || as | || respects | tbidgs || done | || or | omitted || to | || be | || clone | || before | such || cesse~ | || add | || section | || 6 | || of | the || clauses | || act, | 1897, || shall | apply upon || as | || if | || the | || said | || 10 | of || sub-section | || had | || then | been repoaled || by | || a cedtral act | || (3) | the || duties | || of | || customs | referred || to | || in | || sub-section | || 26 | || (1) | || snall | be || to | || any duties of | customs || such | || goods | || under | ihe || any | || other | || law | || for | the || being | || in | || force | |(4) the provisions of the customs act and the rules and regulations made thereunder, including those relating to refunds 30 and exelnptlons from duties, shall, 88 far as may be, apply in relation to the levy and col1ect1cm of the auxiliary duties of customs leviable under this section in respect of ad,y goods 88 they apply in relation to the levy and collection of the duties of customs on 8uch goodi udder that act or those rules and regulations, as the 35 cue may be 6 12 (lj in the case of goods chargeable wjth a duty of excise under the central excises act as amended from time to time, read with any notification for the time being in force issued by the central governmedt in relation to the duty so chargeable, there shall be levied and collected a special duty of excise equal to five per cedt of the amount so chargeable on such goods (2) sub-section (1) shall cease to have effect after the 31st day of march, 1980, except as respects things done or omitted to be done before such cesser; and section 6 of the general clauses 10 of 1897 10 act 1897, shall apply upon such cesser as if the said sub-section had then been repealed by a central act (3) the special duties of excise referred to in sub-sectjon (1) shall be in additioll to any duties of excise chargeable on such goods under the central excises act, or au,y ether law for 15 the time being in force (4) the provisions of the cer&ral 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 special duties of 20 excise leviable under this section in respect of any goods as they apply in relation to the levy and collection of the duties of excise on such goods udder that act or those rules, as the case may be chapi'er v25 foreign travel tax aa (1) this chapter extends to the whole of india (2) it shall come into force on such date as the cemral governmem may, by notification in the official gazette, appoint m in this chapter, unless the context otherwise requires,-30 22 of 1934 (a) ''aircraft'' means an aircraft as defined in section 2 of the aircraft act, 1934 which is used (whether exclusively or not) for the carriage of passengers; 36 (b) "carrier" means the person or authority undertaking the carriage of a passenger on an idternationai journey and 1dcludes any &gedt, representative or other person acting on behalf of such person or authority; (c) "customs port" and "customs airport" mean, respectively, a port or an airport appointed as such under clause (a) of section 7 of the customs act, 1962; 52 of 1962 (d) ''international journey", in relation to a passenger, means his journey from any customs port or customs airport on board 5 any ship or aircraft to a place outside india; (e) ''passenger'' means aqy person boarding, at any customs port or customs airport, a ship or an aircraft for performing an international journey, but does ntt include-(a) a person who has arrived at such oustoms port or 10 customs airport from a place outside india and is in transit through india: provided that he continues his journey to a place outside india-(i) on board the same ship and as part of the same 15 voyage of the ship; or (ii) by the same aircraft and the flight having the same number by which he arrived; or (b) a person employed or engaged in anv capacity on board the ship or aircraft on the business thereof; 20 (f) "ship" means a ship used (whether exclusively or not) for the carriage of passengers foreign travel tax 25 ii f 1) with effect from the date of commencement of this chapter, there shall be levied on all passengers embarking on international journeys a tax (hereafter in this chap;er referred to as the foreign travel tax)-(i) at the rate of one hundred rupees for every such journey to any place outside india other than a place in a neighbouring country; (ii) at the rate of fifty rupees for every such journey, 30 where such journey is to any place in a neighbouring country 5 explanation -for the purposes of this sub-section" ''neighbouring country" means any couatry which the central government may, having regard to the classes of persons who generally perform journeys to such country, the distance between india and such country, the means of communications available for reaching such country and any other relevant circumstances, specify in this behalf by notification in the official gazette s2 of 1962 10 (2) la accordaace with the ndes made uader this chapter, the foreip travel tax shall be collected by the officers or cusktms appoiated aader the customs act, 1962, or such orficers or the ceatral goverameat or the state goventmeat or the idteraatioaal airports authority or ladla coaslftiited uader the lateraatioaal airports authority act, 1971, as may be tborised ia this behalf by the ceatral goverament by aotl8catioa 43 of 1971 15 power to nempt 20 25 ia the orncial gazette and paid to the credit or the cea&raj goverameat • notwithstanding anything contained in this chapter, the central government may, by notification in the official gazette, and subject to stich conditions and limitations as may be specified therein, exempt, wholly or to such extent as may be specified in the notification, any class or classes of passengers or any category or categories of passengers under any such class from the payment of foreign travel tax if that government is satisfied that it is necessary or expedient so to do, having regard to the place of destination, purposes of the journey and any other special circumstances 37 no carrier or other person in charge of a ship or an aircraft shall allow any passenger to board the ship or aircraft unless such passenger has paid the tax payable by him under this chapter | | passenger | not ||----------------|----------------|-----------|| to | be | permitted || to board ship | | || or | aiacraft with- | || out payment | of | || foreign travel | | || tax | | |penalties 30 •• ( 1) every passenger who embarks or attempts to embark on an international journey without paying the tax payable by him under this chapter shall, in addition to his liability to pay the tax, be liable to a penalty not exceeding two hundred rupees (2) every carrier or other person in charge of a ship or an 35 aircraft, who, in contravention of the provisions of section 37 allows any passenger or passengers to board the ship or aircraft, shall be hable to a penalty not exceeding three times the amount or the aggr~gate amount of the tax payable by the passenger or passengers so allowed to board the ship or aircraft (j) any penalty under this section may be adjudged, collected and paid to the credit of the central government by such authority and in such manner as may be specified in the rules made under this chapter 5 protection of action taken in good faith 10 •• no suit,or other legal proceeding shall ue against the central government and no suit, prosecution or other legal proceeding shall lie against 3i\y officer of the central government or the state government or the ldternational airports authority of india referred to in sub-section (2) of section 35 for anything in good faith done or intended to be dodtl in pursulldce of this chapter or the rules made thereunder power to make rules 40 (j) the central government may, by notwcation in the official gazette, make rules for carrying out the purposes of this chapter 15 (2) in particular, and without prejucuce to the generality of the foregoing power, such rules may provide for- a: the collection of the foreign travel tax iacladiag the charps (or collectioa payable to ad)' state govetdmeat or tile lateraatioaal airports aadaorltyof iddia referred to in saseclloa (2\ of sectjod 35, 20 the authortties by whom adjudication of pedaltles or other fmotions mder this chapter shall be discharged, the manner in which such tax, penallles or other sums due under this chapter shall be payable, the manner in which such tax, penalties or other sums shall be collected 25 and paid to the credit of the central government and the procedure for claiming refund 01 any amount paid under this chapter; (b) the powers of officers authorised under sub-section (2) of section 36 to enter inspect and search any ship or aircraft for the purpose of carrying on any duty imposed on such officer 30 by or under this ch84ter: 2 oll974 providec\ that the provisions of the code of cr1minal procedure, 1973 relating to searches, shall, so far as they are applicable, apply in relation to searches udder rules made \dlder this cher 35 " ((;) the procedure for adjudication of penalties; (d) appeals against orders made under this cbalter, the manner in which and the time within which such appeals may be preferred and the fees payable therefor; 5 (e) the returns and other particulars and information which may be required to be furnished for the purposes of this chapter, the persons or authorities by or to whom or which, and the intervals at which,such returns, particulars and information shall be furnished; 10 (f) any other matter which is to be, or may be, provided for by rules under this chapter 15 rules d notifications to be laid before parualdent 20 25 u every rule made udder this cha(ter and every notification issued under the erplanauon to sub-section (1) of section 35 or section m shall be laid as soon as may be after it is made or issued before each house of parliamedt while it is in session for a total period of thirty days wh1ch 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 notification or both houses agree that the rule should dot be made or the notification should not be issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the val1dity of anything previously done under that rule or dotification 10011897 30 u chajker vd of the f1nadce (no2) act, 1971 (relating to foreign travel tax) shall cease to have effect exc as respects things dode or omitted to be done before such cesser and section 6 of the general clauses act, 189'1 shall apply upon such oesser as if the said chapter had then been repealed by a cedtral act c of operation of chapter vn of act 32 of 1971 and •• vill" chapter viml8cl:llalfeou8 act 6 of 189& 35 u in the first schedule to the indian post office act 1898, for the sub-headings" letters" add wletter cards "and the entries under those sub-headings, the following shall be substituted namely:- " lettersfor a weight dot exceeding ten grams 30 paise | | | | | 15 | paise ||----------|-----------|-----|-------|-------|-----------|| for | every | ten | grams | or | fraction || thereof, | exceeding | ten | grams | | | letler-cards| 25 | paise ||-----------------|-----------|| if | || for | a || 5 | || amendment | || of | || act 10 of 1963 | |u in the agricultural refinance and ljevelopn::ent corporation act, 1963, after section 42, the following section shall be inserted, namely:-43 of 1961 10 7 of 1964 corporation to be exempt from incometax and surtax for a certain period "42a notwithstanding anything contained in the income-tax act, 1961 or the companies (profits) surtax act, 1964, the corporation shall not be liable to pay auy tax under either of the said acts on its income, profits or gains for the previous year relevant to the assessment year commencing on the 1st day of april, 1979 and for the four previous years next following that previous year " 15 amendment of act 21 of 1973 in section 23 of the finance act, 1973, for the words "six previous years", the words "seven previous years" shall be substituted amendment of act 38 of 1974 • in the compulsory deposit scheme (income-tax payers) act 1974-(il) in section 3, in sub-section (1), for the figures, letters 20 and words "1st day of april, 1980", the figures, letters and words "1st day of april, 1982" shall be substituted; (b) in section 4, in sub-section (1), in clause (iii), for the words, figures and letters "on the 1st day of april 1979", the words, figures, letters and brackets "on the 1st day of april, 25 197 9 and every subsequent assessment year $lot being an assessment year commencing on or jifter the 1st day of april, 1982)" shall be substituted declaration under the provisionlll collection of tues act1931 30it is hereby declared that it is expedient in the public interest that the provisions of clauses 2s, 29, 30, 31 and 32 of this bill shall have immediate effect under the provisional collection oj taxes act, 1931 16 of 1931 the first schedule (set section 2) part i income-tax and surcharge on income-tax 5 p "'''a,,,ph a •in the cbse of every individual or hindu undivided famuy or unregistered firm or other association of persons or body of individuals, whether incorporated or not, or every artificial 10 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 n of this paragraph or any other paragraph of this part applies, - rilles df inc""'ticunil; 15 (1) where the total income does not exceed rs 8, 000 15 per cent of the amount by which the total income exceeds rs 8,000; (2) where the total income exceeds rs 8,000 but does not exceed rs 15,000 20 (3) where the total income exceeds rs 15,000 but does not exceed rs20,000 rs 1, 050 plus 18 per cent of the amount by which the total income exceeds rs 15,000; 25 (4) where the total income exceeds rs 20,000 but does not exceed re 25,000 rs 1,950 pills 25 per cent of· the amount by which the total income exceeds rs 20,000; (5) where the total income exceeds rs 25,000 but does not exceed rs 30,000 rs 3,200 pills 30 per cent of the amount by which the total income exceeds rs 25, 000; 30 (6) where the total income exceeds rs 30,000 but does not exceed rs50,ooo rs 4,700 pills 40 per cent of the amount by which the total income exceeds rs 30,000; (7) where the total income exceeds rs 50,000 but does not exceed rs 70, 000 rs 12,700 pills 50 per cent of the amount by which the total income exceeds rs 50,000 (8) where the total income ra 22,700 plus 55 per oent of exceeds rs 70,000 but does not the amount by whioh the total exceed rs i, 00,000 idcome exceeds rs 70, oooi rs 39,200 plus 60 per oent of (9) where the total income exceeds ra 1,00,000 the amount by whioh the total 5 idcome exceeds rs 1,00,000: provided that for the purposes of this sub-paragraph,-(i) do idcome-tax shall be payable on a totallncome not exceeding rs 10,000; cii) where the total1dcome ,xceeds rs 10,000 but does 10 dot exceed rs 10, 540, the income-tax payable thereon shall not exceed seventy per cent of the amount by wbich the total income 8xc86ds rsi0,ooo the amount of income-tax computed in accordance wlth the 15 preceding provisions of this sub-paragraph shall be lncreased by a surcharge for purposes of the union calculated at the rate of fifteen per cent of such lncome-tax in the case of every ii1ddu undivided family whioh at any time 20 during the previous year bas at least one member whose total income of the previous year relevant to the assessment year commencing on the 1st day of april, 1979 exceeds rs 10,000,-nil; 25 (1) where the total income does not exceed ra 8, 000 (2) where the total income exceeds re 8, 000 but doe not exceed re 15,000 18 per cent of the amount by which the total income exceeds re 8, oooi (3) where the total inoome exceed ra 16,000 but does not exceed ra 20, 000 | rs | 1,260 ||--------|----------|| phu | || 25 | per || the | || amount | by || the | || total | || idcome | exceeds || aa | || 15, | || oooi | |(4) where the total income exceeds re 20,000 but does not exceed re 26, 000 ra 2, 510 plus 30 per cent of the amount by which the total ldcome exceeds rs 20, oooi 35 ra 4,010 plus 40 per cent of the amount by which the total income exceeds rs 25, 000; (5) where the total income exceeds re 25,000 but does dot exceed re 30,000 5 (6) where the total income exceeds ra 30,000 but does not exceed re 50, 000 | rs | 6, | 010 ||---------|-----------|-------------|| plus | | || 50 | per | cent || the | amount | by || income | exceeds | rs || (7) | | || where | the | totalldoome || exceeds | | || rs | | || 50,000 | but | does || exceed | ra | 70,000 || rs | 16,010 | || plus | | || 55 | per | cent || the | amount | by || income | exceeds | rs || oooi | | || 10 | | || (8) | | || where | | || the | | || total | income | rs || plus | | || 60 | per | cent || the | amount | by || the | | || total | | || income | exceeds | rs || exceeds | rs70,ooo | |provided that for the purposes of this sub-paragraph,-(i) no income-tax shall be payable on a total income not 15 exceeding re 10,000; (ii) where the total income exceeds rs 10,000 but does not exceed rs 10,690, the income-tax payable thereon shall not exceed seventy per cent of the amount by which the total income exceeds rs 10, 000 20 surcharge on income-talthe amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall be increased by a surcharge for purposes of the union calculated at the rate of fifteen per cent of such income-tax paragraph b25 in the case of every co-operative society,- rates of inco"'t--t41| (1) | where | the | total | income ||---------|--------------|----------|----------|-----------|| does | not | exceed | re | 10,000 || 16 | per | cent | of | the || income; | | | | || exceeds | rs | 10,000 | but | does || exceed | | | | || ra | | | | || 20, 000 | | | | || 30 | (2) | where | | || the | | | | || total | income | | | || rs | | | | || i, | | | | || 500 | | | | || plus | | | | || 25 | per | cent of | | || the | amount | by | which | the || income | exceeds | rs | 10,000; | || (3) | | | | || where | | | | || the | | | | || total | income | | | || exceeds | rs20,ooo | | | || rs | 4,000 | | | || plus | | | | || 40 | per | oent of | | || the | | | | || amount | by which the | total | | || income | exceeds | rs | 20, 000 | | surcluuae on income-tlllthe amount of income-tax computed in accordance with the preceding provisions of this paragraph sball be increased by a surcharge for purposes of the union calculated at the rate of fifteen per cent of buch iocome-tax 5 p iirllsrqh c suih> iirllarqh iin the case of every registered firm, not be1dg a case to which sub-paragraph u of this paragraph appues,-rlltts of income-t4i 10 (1) where the total income nil; does not exceed rj 10,000 (2) where the total income 5 per cent of the amount by exceeds rs 10, coo but does not which the total income exceed ra 25, 000 exceeds rs 10, 000, 15 (3) where the total income rs 750 plus 7 per cent of the exceeds rs 25,000 but does not amount by which the total exceed ra 50, 000 income exceeds rs 25, 000; 20 (4) where the total income rs 2, 500 plus 16 per cent of exceeds ra 50, 000 but does not the amount by which the total exceed ra 1,00,000 income exceeds bs so, 000, (5) where the total income rs 10,000 plus 24 per cent exceeds re1,00,000 of the amount by which the total income exceeds ra 1,00,000 ~rchmbt on "'comt·t4% 25 the amount of income-tax computed in accordanoe with the preceding provisions of this sub-paragraph shall be increased by a burchaige for purposes of the union calculated at the rate of fifteen per cent of buch income-tax sub-p mclbraph ii 30 in the cue of every registered firm whose total income includes income derived from a profession carried on by it and the income 80 included is not leas toan fifty-one per cent of auoh total income,-| rates | of | income-tl% ||----------|-------|---------------|| nil; | | || (1) | where | the || doea | not | exceed || rs | | || 10,000 | | |6 | | (2) | where | the | total | income ||------------|--------|----------|--------|----------|-----------|| exceeds | ra | 10,000 | but | does | not || exceed | ra | 25,000 | | | || 4 | per | cent | of | the | amount || which | the | total | idcome | exceeds | || rs10,ooo, | | | | | |10 (3) where the total income exceeds be 25,000 but does not exceed ra 50,000 | rs | 600 ||---------|-------------|| ph,s | || 7 | || per | cent || the | || amount | by || exceeds | rs || rs | 2,350 || plu's | || 13 | || per | cent || amount | by || idcome | exoeeds || (4) | || where | the || exceeds | ra || exceed | ra1, || 15 | (6) || rs | 8,850 || pills | || 22 | per || the | amount || the | || total | || income | exceeds || exceeds | ra1,oo,ooo | surcwge on "'co"'i-tl%the amount of income-tax computed in accordance with the 20 preceding provisions of this sub-paragraph shall be increased by a surcharge for purpoaes of the union calculated at the rate of fifteen per cent of such income-tax eq'arultidn - - for the purposes of this paragraph, "registered firm" includes an unregistered firm assessed as a reg1s-25 tered firm under clause (b) of sectiod 183 of the income-tax act p ar/lflraph din the case of every local authority,- rate of income-tgion the whole of the total income 50 per cent surcharge on tncollle-tl%30 the amount of income-tax oomputed at the rate hereinbefore speolfled shall be increased by a surcharge for purposes of the union calculated at the rate of fifteen per cent of such 1ncometax in the c&88 of 8 oompany,- l in the case of 8 domestic oompaay,-(i) where the company is 5 - company in whicb the publlc are substantially interested,-(i) in case where the 45 per cent of the total income; total1noome does not exceed rei,oo,goo 10 fii) in 8 case where the 55 per cent of the total income; total income exceeds re 100000 (2) where the company is dot a company in whicb the 15 public are bubstadtlally laterested, -(i) in the c818 of an idduatr1al oompany_ 20 56 per cent of the total income; (> where the total !dcome does dot exceed re 2, 00 000 60 per cent of the total 1dcome; 25 (b) where the total lacome exceeds rs 2, 00, 000 (ii) in any other case 65 per cent of the total income: provided tbat-(i) the idcome-fax payable by a domestic company being a company in which the pubuc are substantially lnterested the total income of which exceeds re 100,000, shall not 30 exceed the agregate of-(g) the income-tax which would have been payable by the company if its total 1dcome had been rs 1 00, 000 (the income of ra 1,00000 for this purpose being computed as if such income included income from vai'lous 35 source8 in the same proportion a8 the total1ncome of the company); and (b) eighty per cent of the amount by which its total idcome exceeds rs 1,00, oooi 5 (it) the income-tax payable by a domestic company, not belnc a company in which the public are substantially intere8ted, wblch is an industrial company and the total lddome of which exceeds rs 2,00,000, shall dot exceed the aggregate of-10 (4) the idcome-tax which would bave been payable by the company if its total income bad been re 2, 00, 000 (the income of rs 2,00,000 for thi8 purpose being computed as if such income included income from various sources in the same proportion as the total income of the c<dpany); and 15 (b) eighty per cent of the amount by which its total income exceedfl rs 2,00,000 d in the calle of a company other than a domestlc company,-| (t) | on ||-----------|-----------|| 110 | || much | of || the | || total | || 20 | income || as | || consists | of- || (4) | || royalties | received || from | an || pursuance | of || made | || by | it || the | || iad1an | || 25 | || collcern | after || of | march, || but | || before | || the | || 1st | day || or | || 30 | || 35 | || (b) | || fees | for || technical | services || from | an || pursuance | of || made | by || it | || with | the || lddian | || concern | after || the | || 29th day | || of | february, || but | || before | the || 1916, | || 60 | || per | || cent | || i | || and | where || in | either || by | the || 40 | || 10 | || per | cent || (ti) | || on | || the | || balance, | || if | || any, | || of | the | s"'cluarge on incolle-tathe amount of income-tax computed in accordance with the preceding provisions of this paragraph shall be increased by a surcharge calculated at the rate of five per cent of such income-tax part d rates for deduction of tear at source in certgtn cases 10 in every case in whjch under the provisions of sections 193, 194, 194a, 194b, 194bb, 194d bdd 195 of the income-tax act, tax is to be deducted at the rates in force, deduction shall be made from the income subject to deduction at the followink rates:-1dc0me-tax rate of income-tax rate of surcharge 15 1 in the case of a person other than a company-(a) where the person is resident in india-10 per cent nil; 20 (i) on income by way of interest other than ''interest on securities" 6 per cent; (ii) on income by way of 30 per cent winnings from lotteries and crossword puzzles 6 per cent; 25 (iii) on income by way of 30 per cent winnings from horse races nil; (iv} on income by way of 10 per cent insurance comm iss ion nil; 30 (v) interest on 'rights' deben-10 per cent tures issued by a company in which the pubuc are substantially interested 35 40 erplcmotwn - for the purposes of this item, 'rights' debentures, in relation to a company, means debentures which are issued by the company for the purpose of augmenting its jodi-term resources for working capital requirements and which) according to the terms and conditions 01 issue thereot are required to be offered first to residents of lddia wbo, at the date of the offer, are holders of equity shares of the company in income-tax rate of 1dcome-tax rate of surcharge proportion, as near iy as circumstances 5 admit, to the capital paid up on those shares at that date 20 per cent 4 per cent (vi) on any other income (excluding interest payable on a tax-free security) 10 (b) where the person is not resident in india-(i) on the whole income (excluding interest payable on a tax-free security) 15 20 income-tax at 30 per cent and surcharge at 6 per cent of the amount of the income, or income-tax and surcharge on income-tax in respect of the income at the rates ptescribed in sub-paragraph lof paragraph a of part m of this schedule, if such incom e had been the total income, whichever is higher; 15 per cent 3 per cent 25 (u) on income by way of interest payable on a taxfree security 2 in the case of a company-(g) where the company is a domestic company-30 (i) on income by way of 20 per cent l 5 per cent ; interest other than "interest on securities" 225 per cent 15 per cent ; (ii) on any other income (excluding interest payable on a tax-free security) 35 (b) where the company is not a domestic company-25 per cent nil; 40 (i) on income by way of dividends payable by any domestic company income-tax rate of rate of lucome-tax surcharge (ii) on inoome by way of 40 per cent nil; royalty payable by an indian 5 coucern in pursuance of an agreement made by it with the lddlan concern after the 31st day of march, 1976, where such royalty is in 10 col18ideratlon for the transfer of all or any rights (illcludlng the granting of a licence) in respect of copyright 111 any book on a subject referred to 15 in the i'rovlso to sub-section (ja )of section u5a of the inoome-tax act, to the indian concern (iii) on inoome by way of 20 royalty ['not being royalty of the nature ref~rred to in sub-item (b) (ii)] payable by an indian concern in pursuance of an agreement 25 made by it with the indian concern and which bas been approved by the central government, -( a) where the agreement 50 per cent 375 per cent; 30 is made after the 31st day of march, 1961 but before the 1st day of aprll, 1976 (8) where the agreement is made after the 31st day 35 of march, 1976-(i) on 80 much of the 20 per cent nil; amount of such income aa col181sts of lump 8udl consideration for the transfer 40 ldcome-tu rate of rate of ldoome-tax surcbarp outside iddia of, or the 5 tmpartidg of idformatiod outside fddja id respect of, any data, documeatatiod, drawldg or epeclftcatton relatldg to any 10 patent, taveatjod, model, deslp, aecret formula or process, or tl'llde mark or similar property (2) on the balance, if "'0 per cent nil; 15 any, of such income ('11) on income by way of fees for technical services payable by an iddtan concern in p!rsu8dce of an agreement 20 made by it with the iddtan concern and which has been approved by the central government-(a) where the agreemeat 50 per cent 375 per cent ; 25 1a made after the 29th day of pebruary, 198f but before the 1st day of april, 1978 (b) where the acreemeat fo per oeat nil; 30 made after the 3111t day of march 1976 (ii) on income by way of '" per aert 33 per cent ; interest payable on a taxfree security 35 (iii) on any other income 70 per cent 525 per cedl part mrates for calculating or chargine income-tar in certain cgses, deductinb income-tal from income chargeable under the head "salaries" or lily payment referred to in sub-section (9) of section 80e and computing advanc e tg% - • in cases in which income-tax has to be calculated under the first proviso to sub-section (5) of section 132 of the income-tax act or charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section 175 or sub-section (2) of section 176 of the said act or deducted under section 192 of the sald act from income chargeable under the head ''salaries'' or deducted under subsection (9) of section 80e of the sald act from any payment referred to in the said sub-section (9) or in which the "advance tax" payable under chapter xvu-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 xu or section 164 of the income-tax act at the rates as specified in that chapter or section), shall be so calculated, charged, deducted or computed at the following rate or rates:- paragraph a silb-p aragraph iin the case of every individual or hindu undlvlded fam fly or unregistered firm or other association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (liii) of clause (31) of section 2 of the income-tax act, not being a case to which sub-paragraph u of thls paragraph or any other paragraph of this part applies,-rates 0 f inc"" e-tal (1) where the total income nil; does not exceed rs 8,000 (2) where the total income exceeds rs 8,000 but does not exceed re 15, 000 15 per cent of the amount by which the total income exceeds ra 8,000; 35 (3) where the total income exceeds rs 15, 000 but does not exceed rs 20, 000 rs 1050 plus 18 per cent of the amount by which the total income exceeds rs15, 000; (4) where the total income rs 1,950 plus 25 per cent,of the amount by which the total income exceeds rs 20, 000; 5 exceeds rs 20,000 but does not exceed rs 25, 000 (5) where the total income exoeeds rs 25,000 but does not exceed rs 30,000 rs 3,200 plus 30 per cent of the amount by which the total income exceeds rs 25000; 10 (6) where the tota1income exceeds rs 30,000 but does not exceed rs 50,000 rs 4,700 plus 40 per cent of the amount by which the total income exceeds rs30, 000; 15 ('1) where the total income exceeds rs 50,000 but does not exceed rs 70,000 rs 12700 plus 50 per oent of the amount by which the total income exceeds rs 50 000; (8) where the total income exceeds rs 70,000 but does not exceed rs 1,00,000 rs 22,700 plus 55 per cent of the amount by which the total income exceeds rs 70,000; 20 (9) where the total income rs 39200 plus 60 per cent of the amount by which the total income exceeds rs 1,00,000: exceeds rs 1, 00, 000 provided that for the plrposes of this bub- paragraph -(i) no inoome-tax shall be payable on a total inooma not 25 exceedidg rs 10,000; (ii) where the total income exceeds rs 10,000 but does not exceed rs 12000, the income-tax payable thereon shall not exceed thirty per cent of the amount by whioh the total income exceeds rs 10, 000 30 sllrchmge on income~tcli the amount of income-tax complted in accordaooe with the preoedlng provisions of this sub-paragraph shau be inoreased by a surcbage for purposes of the union oalculated at the rate of twenty per cent of such income-tax in the oue of every bidml ulldtvlded famby which at any time mrm, the prevloua year hu at leut ode member wbose total idcome of the prevloua year relevant to the aaaeaament year oommeacm, oil the !at day of aprn 1980 exceeds re 10 000 -5 (1) where the total idcome nil; doea not exceed rs 8000 (2) where the totalillcome 18 per cent of the iuiloudt aceeda ra 8000 but does dot by wbloh the total idoome 10 exceed ra 16 000 exceeds re 8000; (3) where the totalilloome ra 1280 plus 25 per cent exceeds ra 15000 but doea dot of the amount by which the 8koeed ra 20000 totalldcome exceeds rs15 000; (4) where the total iiloome ra 2510 plus 30 per cent of 15 exceeds ra 20000 but does dot the amount by which the total exceed ra 25 000 income exceeds ra20, 000; (5) where the total income ra 4010 plus 40 per oent exceeds re 25 000 but does of the amount by which the dot excoed ra 30 000 total income exceeds 20 rs 25,000; fs) wbare the total ldoome ra 6010 plus 60 per oeat exceeda ra 30, 000 but doea dot of the amount by which the exoeed ra 60, 000 total tacome exceed8 re· 30000 25 (1) where tba total toome re 16,010 plus 66 per oeat exceeds ra 60000 but doe of the riilouiit by wlljch the total dot aceed ra 70,000 tacome exceeds ra 60000; (8) wbare the total iaoome ra z'1,010 phis 60 per ca exceeds rs 70, 000 of the ildouiii bj which the 30 total idcome exceeds rs70,000: provided that for the plrpoaea of ihla sub-paragraph-(f> do income-tu: sball be pqable ci1 a total ldcome not exceedjdg rs 10000: (if) where the total iqcome exceeds rb 10000 but does not exoeed rs13 000, the 1dcome-tu: payable thereon suli 5 dot exceed thirty per cent of the amount by whlah tm total income exceeds rs 10 000 the amount of ldoome-tu computed ia accorduoe with the preoedjdg provlslolul of we sub-parap-aph 8hall be idcreued 10 by a 8urcharp for purpo s of the udba oalculated at the rate of twenty per cent of such iacome-tax in the case of every co-operatlve aoclety-15 15 per cent of the total lacome: (1) where the total income does not exoeed rs 10000 (2) where the total income aceeds rs 10, 000 but does dot exceed rs 20000 20 rs 1500 plus 25 per cent of the amount by which the total iaoome exceeds rs 10,000: (3) where the total iaoome exceeds rs 20000 rs 4000 plus 40 per oent of the amoudt by which the total income exceeds rs 20,000 surcharge dfi incolllt-w25 the amount of iaoome-tax computed ia accordance with the precedldg provlslons of this paragraph shall be iaoreased by a eurcharre for purposes of the union calculated at the rate of twenty per oent of such idcollle-tax su~paragraph iin the case of every registered firm, not beidg a oue to whjch sub-paragraph n of tb1a paragraph applles,-5 rates of in"e-w (1) where the total income nil; does not exceed rs 10,000 10 (2) where the total income 5 per cent of the amount by exoeeds rs 10,000 but does dot which the total idoome exoeeds exceed rb 25,000 rs 10,000; (3) where the total income rs 750 plus 7 per cent of exceeds rs 25, 000 but does not the amount by whjch the total exceed rs 50, 000 income exceeds rs 25, 000; 15 (4) where the total income rs 2, 500 plus 15 per cent exceeds ra 50,000 but does not of the amount by which the exceed rs 1,00,000 1dtal idoome exceeds rs 50,000; 20 (5) where the total income rs 10,000 pills 24 per cent exceeds rs 1,00,000 of the amount by which the 1dtallncome exceeds rs 1,00,000 sureltwae on ineollle-tathe amount of income~ax comp!ted in acoordadce with the preoecung provisions of tbts sub-paragraph shall be increased by a surcharge for p!rposes of the union oalculated at the rate 25 of twenty per oedt of auch idcome-tu sll~paraaraph iiin the case of every registered firm whose total income includes income derived from a profession carried od by it and the income 80 included is not less than flfty-one per cent of such total income,-nil; (1) where the total income does not exceed rs 10,000 5 (2) where the total income exceeds rs 10,000 but does not exceed rs 25,000 4 per cent of the amount by which the total income exceeds rs 10,000; (3) where the total income 10 exceeds rs 25,000 but does not exceed rs 50,000 rs 600 plus 7 per cent of the amount by which the total income exceeds rs 25,000; (4) where the total income exceeds rs 50,000 but does not exceed rs 1,00,000 15 rs 2,350 plus 13 per cent of the amount by which the total income exceeds rs 50,000; (5) where the total income exceeds rs 1,00,000 rs 8, 850 plus 22 per cent of the amount by which the total income exceeds rs 1,00,000 20 surcharge on income-tarthe &n;iount of income-tax complted in accordance with the precedmg provisions of this sub-paragraph shall be increased by a surcharge for plrposes of the union calculated at the rate of twenty per cent of such mcome-tax 26 erp'tdlation - -for the plrposes of this paragraph, "registered firm" includes an unregistered firm assessed as a registered firm udder clause (b) of section 183 of the income-tax act paragraph din the case of every local authority,-rate of incomeot41 30 on the whole of the total income 50 per cent surcharge on '"'oifte-taxthe amount of income-tax computed at the rate hereinbefore specified shall be increased by a surcharge for purposes of the union calculated at the rate of twenty per cent of such mcome-'tax paragrqh ein the case of a company, - rates of incollle-teui in the case of a domestic company,-(1) where the company 18 a 5 company in which the public are substantially interested,-(i) in a case where the 45 per cent of the total income; total in 00 me does not exceed rs 1,00,000 10 (ti) in a case where the total 55 per centof the total income; income exceeds rs 1,00,000 (2) where the company is not a company in which the public are subatantlally interested,-15 (i) in the case of an tndustrirl company,-(a) where the total 65 per cent of the total income; income does not exceed r8 2, 00, 000 20 (b) wbere the total 60 per cent of the total income; income exceeds rb 2~ 00,000 (it) in any other case 65 per cent of the total income: provided that -(i) the income-tax payable by a dome8tic compad,y, being a 25 company in which the public are substantially interested, the total income of wblch exceeds r81,00,000,ba11 not exoeed the aggregate of -(a) the income-tax wblch would have been payable by the company if its total1ncome bad been rbl, 00, 000 (the income 30 of rs1, 00, 000 for this purpose being computed as if such income included income from various sourceb in the bame proportion as the total income of tbe company); and (b) eighty per cent of the amount by which its total income exceeds rs 1,00,000; (ii) the income-tax payable by a domestic compa'1y, not being a company in which the public are substantially interested, which 5 is an industrial company and the total income of which exceeds rs 2,00,000, 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 2, 00,000 (the income of rs 2, 00, 000 for this purpose being computed as if such 10 income il1cluded income from various sources in the same proportion as the total income of the company); and (b) eighty per cent of the amount by which its total income exceeds rs 2,00,000 n in the case of a company other than a domestic company, -15 (t) em so much of the total income as consists of -(a) royalties received from an indian concern in pursuance of an agreement made by 20 it with the indian concern after the 31st day of march, 1961 but before the 1st day of april, 1976, or (b) fees for rendering technical 25 services received from an indian concern 10 pursuance of an agreement made by it with the indian concern after the 29th day of february, 1964 but before the 1st 30 day of april, 1976, 50 per cent ; and where such agreement has, in either case, been approved by the central government 70 per cent (tt) on the balance, if any, 35 of the total income surch4rat on incomt-taxthe amount of income-tax computed in accordance with the preceding provisions of this paragraph shall be increased by a surcharge calculated at the rate of seven am a half per cent of such income -tax 5 part iv ~ee section 2(7)(e~ rules faa computation or net agriculnjllal mcoma:rule 1 -agricultural income of the nature referred to in sub-clause (4) of clause (1) of section 2 of the income-tax act 10 shall be computed as if it were income chargeable to ldcome-tax under that act under the bead l'iileome from other sources" and the provisions of sections 57 to 59 of that act shall, so far as may be, app~ accordingly: provided that sub-section (2) of section 58 shall apply subject 15 to the modification that the reference to section 40a therein shall be construed as not inch':ilng a reference to sub-sections (3) and ( 4) of section 40a ride 2 -agriculturallncome of the nature referred to in sub-clause (b) or sub-clause (c) of clause (1) of section 2 of the 20 ldcome-tax act (other than income derived from any building required as a dwelling house by the receiver of the rent or revenue or the cultivator or the receiver of rent-in-klnd referred to in the said sub-clause (e)jshall be computed as if it were income chargeable to lncome-tax under that act under the head "profits 25 and gains of busines8 or profession" and the provisions of sections 30,31,32,34,36,37 ,38,40,40a ~ther than subsections (3) and (4) thereoi, 41, 43, and 43a of the income-tax act shall, so far as may be, applyaccordlngly rule 3 - agricultural income of the nature referred to in 30 8ub-clause (e) of clause (1) of section 2 of the income-tax act, being ldcome derived from any building required as a dwelling bouse by the receiver of the rent or revenue or the cultivator or the receiver of rent-in-kind referred to in the sald subclallse (c) shall be computed as if it were income chargeable 35 to ldcome-tax under that act under tbe head "income from house property" and the provisions of sections 23 to 27 of that act shall, so far as may be, apply accordingly: provided that sub-section (2) of the said section 23 shall apply subject to the modifications that the references to "total income" therein shall be construed as references to net agricultural income and that the words, figures and letter "and before mak-5 ing any deduction under chapter via" shall be omitted rule 4 - notwithstanding anything contained in any other provisions of these rules, in a case where the assessee derives income from sale of tea grown and manufactured by him in india, such income shall be computed in accordance with rule 10 8 of the income-tax rules, 1962, and slxty per cent of such income shall ~ regarded as the asricultural income of the assessee rule s -where the assessee is a partner of a registered firm or an unregistered firm assessed as a registered firm 15 under clause (b) of section 183 of the income-tax act, which in the previous year has any agricultural income, or is a partner of an unregistered firm which has not been assessed as a registered firm under clause (b) of the said section 183 and which in the previous year has either no income charge -20 able 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 unregistered firm but has any agricultural income, then, the agricultural income or loss of the firm shall be computed in accordance with these rules and his share in the 25 agricultural income or loss of the firm shall be computed in the manner laid down in sub-section(l), sub-section (2) and sub-section (3) of section 67 of the income-tax act and the s hare so computed shall be regarded as the agricultural income or loss of the assessee 30 rule 6 -where the assessee is a member of an association of persons or a body of individuals (other than a hindu undivided famuy, a 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 cbarge-35 able to tax in the case of an association of persons or a body of individuals (other than a hindu undivided famuy, a company or a firm) but has any agricultural income, then, the agriculturalincome or loss of the association or body shall be computed in accordance with these rules and the share of the 40 assessee in the agricultural income or loss so computed shall be regarded as the agricultural income or 108s of the assessee rul e 7 - where the result of the oomputation for the previous year 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 idcome: provided that where 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 associatlon of persons or a body of lddividuals add the share of the assessee in the agricultural 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 assessee from any other source of agricultural income rule 8 -any sum payable by the assessee on account of any tax levied by the state government on the agrioultural income shall be deducted in computing the agrlculturallncome rule 9 -(1) where the assessee has, in the previous year relevant to the assessment year commencing on the 1st ·dav of april, 1979, any agricultural income and the net result of the computation of the agricultural income of the assessee for any one or more of the previous years relevant to the assessment years commencing on the 1st day of april, 1974 or the 1st day of apru, 1975 or the 1st day of april, 1976 or the 1st day of april, 1977 or the 1st day of aprllj1978, is a 1088, then, for the purposes of sub-section (2lof section 2 of this act,-(i) the loss so ocmputed for the previous year relevant to the assessment year commencing on the 1st day of april, 1974, to the extent, if any, suoh loss has not been set off against the agricultural income for the previous year relevant to the assessment year commenoing on the 1st day of april, 1975 or the 1st day of april, 1976 or the 1st day of april, 1977, or the lat day of aprll, 1978, (if) the loss so oomputed for the prevlous year relevant to the assessment year commenoing on the 1st day of april, 1975, to the extent, if any, such loss has not been set off against the agrlouuural inoome for the previous year relevant to the assessment year commencing oil the 1st day of april, 1976 or the 1st day of april, 1977, or the 1st day of aprll, 1978, (iii) the loss so computed for the previous year relevant to the assessment year oommencing on the 1st day of april, 1976, to the extent, if any, such los8 has not been 8et off against the agricultural inoome for the previous year relevant to the 5 assessment year commencing on the 1st day of april, 1977, or the 1st day of april, 1978, (iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1977, to the extent, if any, such loss has not been set off against the 10 agricultural income for the previous year relevallt to the assessment year oommencing on the 1st day of april, 1978, and (v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1978, shall be set off against the agricultural inoome of the assessee 15 for the previous year relevant to the assessmeot year commencing on the 1st day of april, 1979 (2) where the as8essee bas, in the previou8 year relevant to the asses8ment year oommencing on the 18t day of april, 1980 or, u by virtue of any provisim ci the income-tax act, income-tax 20 is to be charged in respect of the income of a period other than that previous year, in 8uch other period, any agricultural income and the net result of the oomputauoo of the agrioultural income d the use8bee for bdy ode or more of the previous years relevant to the as8essment years oommencing on the 1st day of april, 25 1974 or the 1st day of april, 1975 or the 1st day of april, 1978 or the lat day of april, 1977 or the 1st day of april, 1978 or the 1st day of april, 1979, is a loss, then, for the purposes of subsection (6) of section 2 of this act, -(i) iile 1088 80 oomputed for the previous year relevant to 30 the uses8ment year commencing od the 1st , of april, 1974, to the extent, if any, 8uch 1088 baa not beed set off qawt the agricultural mcome for the previous year relevant to the assessment year commencing oil the 1st day of april, 1976 or the 1st day of april, 1978 or the 1st day of april, 35 1977 or the 1st day of april, 19'18 or the 1st day of april, 1979, (it) the 1088 80 computed for the previous year relevant to the asses8ment year commencing on the 1st day of april, 1975, to the extent, if any, 8uch 108s has not been set off ap1nst the agr1culturallncome for the previous year relevant to the use8sment year commencing on the 1st day of april, 18'78 or the 1st day of april, 1977 or the 1st day of april, 1978 or the 1st dav of april, 1979 (iii) the loss so oomputed for the previous year relevant to the assessment year commencing on the 1st day of april 1976, 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 1st day of april, 6 1977 or the 1st day of april, 1978 or the 1st day of april 1979 (iv) the loss 80 computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1977, to the extent if any such loss has not been set off against the agrlculturalincome for the previous year relevant to the 10 assessment year commencing on the 1st day of april, 197 8 or fhe 1st day of aprll, 1979, (v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april 1978 to the, extent if any such loss has not been set off against the agricul-15 tural income for the previous year relevant to the assessment year commencing on the 1st day of april 1979, and (vi) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april 1979, shall be set off against the agricultural income of the sessee 20 for the previous year relevant to the asseument year commencing on the 1st day of april 1980 or the period aforesaid (3) where a change has occurred in the con~itutlon of a tlrm, nothing in sub-rule (1) or sub-rule (1) shall entitle the firm to set off so much of the loss proportionate to the share of a 25 retired or deceased partner computed in the manner laid down in sub-section(1) - sub-section (1) and sub-sectlon (3) of section 67 of the income-tax act as exceeds his share of profits, if any of the previous year in the firm, or entitle any partner to the benefit of any portion of the said loss (computed in the manner 30 aforesaid) which is not apportlonable to him (4) where any person deriving any agrlculturalincome from any source has been succeeded in such capacity by another person otherwise than by 1nheruance, nothing in sub-rule (ij or sub-rule (2) shall entitle any person, other than the person 35 incurring the loss, to have it set off under sub-rule (1) or, the case may be, sub-rule (2) (5) notwithstanding anything contained in this rule, do 1088 which has not been determined by the income-tax officer uilder the provisions d these rules, or the rules contained in part iv 40 20 of 1974 26 of 1975 86 of 1976 29 of 1977 19 of 1978 of the first scbedule to the fmance act, 1974, or of the first 8cbedule to the fldance act, 1975, or of the first schedule to the firumce act, 1976, or of the first schedule to the finance (no2) act, 1977, or of the schedule to the finance act, 197,8, 5 shall be set off under sub-rule (1) or, as the case may be, subrule(2, rule 10 -where the net result of the computation made in accordance with these rules is a loss, the 1088 80 computed shall be ignorpd and the net agrlcultnralincome shall be 10 deemed to be kil ride 11 -the provisions of the income-tax act relating to procedure for assessment (including the provisions of section 288a relating to roundin¥ off of income) shall, with the necessary ml,d1ficatiodb, apply in relation to the computation of the net 15 agricultural income of the assessee as they apply in relation to the assessment of the total income rule 12 -for the purposes of computing the net agrioultural income of the 88s88s88, the income-tax officer shall have the same powers as he has under the income-tax act for the purposes 20 of assessment of the total income (se, aeouod 28) iii the plrat schedule to the custom tariff act, the u1btidg _ry ''camphor'' oocurruag in oolwdll fl) apiast sub-hadidg no (10) i of headtu, no 2901/45 ihall be omlttecl heading no bub-beadidi no and description of article r,te of duty ~tion wben stlrclard preferential rates of duty areas are protective 18 (1) (3) (6) in tbefirit scbedule to the customs tariff act, in beadidg no 2901/45, after ilub-beadhlg no (20), the following sub-beadidg aball be inserted, namely:-15 "(21) camphor 100% " (see olion 29) put i ia the firat schedule to the central excises aol-5 (') ill item no 1a for each of the entries in the third oolumn agahlst ~b-items (1) (2) (3) ad (4) the entry "tweaty per cent od vglorem ii shall be substituted; (it) iii item no lb for the entry in the third column the emry "fifteea per o_t od valorem • " shall be 10 ilubatituted; (~ii} in item no1c for the entry in the third column the eacry "fifteea per cent 4d vglor ii shall be substituted ; (iv) in item no ld mr the entry in the third column 15 against sub-item (2) the entry ''siuy per cent vejortli - " aball be bubbtituted; (") i" item no 11;, for the _try in the· third column the entry llfifteea per c_t id "alojeil • ii aball be substituted; 20 (iii) ill item no2 in the entry in the third column apiast sub-item (2) for the words ''twenty per ceot od vgloraft n the words ''twenty-five per cent 4d "alorem - ' shall be substituted (vii) iii item no4 under ''ii manufactured tobacco-" 25 for the entries in the third column against sub-items (2) (3)(1) (3)("', (4) (6) and (6) the eatries "three huddred per cert, ad ""orem pb" twedty rupees per thouudd " "six rupees per thou8lllcl it ''three rupees per thoulllldd ti, ''three huadred per c_t od valortjii - " 'pfhirty per oant 30 ad v41orejfl!' and ''81x rupees per jdlogram ii shall respectively be substituted; (i1ui) in item no5 for the edtry in the third column, the entry '':nil'' shall be subet1&uted; (ii) id item no 8 for the _try ill the third columa 36 the _try "two tbowl8jld sevea huadred aad fifty rupees per kljol1tre at f1fteed degrees of c-tigrade thermometer " iball be llubattutedj (x) in item no7, for the entry in the third column, the entry "five hundred rupees per idlolitre at fifteen degrees of centigrade thermometer" shall be substituted: 5 (ii) in item no lla, for the entry in the third column, against bub-item (2), the entry "four hundred rupees per metric tonne " shall be substituted: (iii) in item no 14, for each of the entries in the third column against sub-items 1(2)(ii), 1(2) (lv) m(l) and m(ii) the entry ''twenty per cent ad valorem o' " shall be bubstltuted: 10 (liii) in item no 14m, for the entry in the third column against sub-item (i), the entry "fifteen per cent ad valorelll " shall be substituted: (xiv) in item no 1400, for the entry in the third column, the entry "thirty per cent ad valorem ti" shall be substituted; 15 (iv) in item no 14f, for the entry in the third oolumn, the entry ''one hundred per cent ad valorem - " shall be substituted: (xvi) in item no 14ff, i>r the entry in the-third column, the entry ''twenty-five per cent ad valorem " shall be 20 bubstltuted: (ivil) in item no 148,-(a) for each of the entries in the third oolumn against aub-ltems(i) (il) add (iii) the entry "fifteen per cent ad valor, ii shall be substituted; 25 (") for the entry id the third column against sub-item (tv) the entry "rupee one per kilogram " shall be substituted; 30 (c) for the entry in the third column against sub-item (v) the eatry '~irty per cent ad vg!ore •• " iihall be substituted; () for the entry id the third coluliid against sub-ltem (vi), the _ry "puleal per cent valorell • " shall be substituted; (%mii) ja item no 15 for the entry in the third column apiabt sub-item (i), the _ry "twedty per cent ad valortlll " 35 iihall be substituted; (rir) in item no 1m,-(a) for each of the entries in the third column against sub-items (3) and (4), the entry "seventy-five per cent ad valorem " shall be substituted; 5 (b) the erplanation shall be numbered as erplangcton i ~ and after that explanation as 80 numbered, the following explcuaatidn shall be inserted, namely:-it explanation 11- this item does not include electrical insulators o~ electrical insulating 10 fittings or parts of sucb insulators or insulating fittings "; (rr) in item no 15aa, mr thl3 entry in the third column, the entry ''twenty per cent ad valorem ," shall be substituted; 15 (ui) in item no 150, for the entry in ule third column, the entry "fifteen per cent ad valor"" "shall be substituted ; (nii) in item no 16a, for the entries in the third column against sub-items (1), (2), (3) and (4), the entries "fifty-five 20 per cent ad valorem· ", ''thirty-five per cent ad lia1orem ", ''twenty-five per cent f ad valor"" "and "twenty-five per cst ad lialorem "shall, respectively, be substituted; (uiu) in item no 16b, for the entry in the third column against sub-item (ti), the 8dtry ''thirty per cent ad lialorem - " 25 shall be substituted; (xrill) in item no 18, for the entry in the third oolumn against sub-item m (i), the entry "six paise per count per jdlogram " ahall be substituted: (uii) in item no 18a, for the entry in the third oolumn 30 against sub-item li), the entry "six paise per count per kilogram " ahall be substltuted; (iivi) in item no 19, after explanation il, the following erplanation shall be inll8rted, namely-"erplanation ill __ this item does not include door 35 coverings, falling under item no 220 "; (uvii) in item no 21,-(a) for the entry in the third column against sub-item (i), the entry ''tw lv8 per cent ad valorem" shall be substituted ; (b) after erpj atioll fl, the followldg erpl ioll ehall be inserted, namely:-"elplanation m - this item does not include floor ooveridgs, falling udder item no 220 "i (iivm) in item no 22, after elplanation hi, the followidi 6 elplcmation ahall be inserted, namelyi -" elpl ation iv - this item does not include floor coveridg, fallldg under item no 22g ti: (liil) in item no 22c for the eatry in the third column, the try ''thirty per cent ad vaiorellll " shall be 10 substituted; (iu) in item no 22e, for the entry in the third column, the entry ''twenty per cent ad valortlf " shall be substituted: (iiii) in item no 22f,-16 (a) the expl ion shall be numbered a erplgllclltoft i, 8dd for clause (tv) of the erplgll4lliolii as so numbered, the followmg clause shall be substituted, namely:-" (tv) manufactures in which miileral fibres or yarn or both predominate or predominate in weight ": (b) after elj)lacltion i as so numbered, the following 20 erplanation shall be inserted, namely:-"erp'an4ltion n - thill item does not include asbestos cement products ": (inu) in item no 2m,-(a) for sub-item (1), the following sub-item shall be 26 substituted, namely:-i (1) flat gla •• thirty-five per cent u valorem:: eipj8fi4itioll -"plat glass" mcludell sheet glaaa, wired glas and rolled gla •• whether in the i>rm of plate glu, so flpred glass or m y other form (b) for sub-1tem (4), the followtdcllub-item shall be substituted, damely:-"(4) other glas add punare includidg tableware thirty-five per a_ ,d vor, ": (0) the followldg eq'liiuitldrt shall be inserted at the edd, namely:-" e%plldlgtton -this item does dot include electrical ijujulators or electrical insu1atidg fittings or parts of 5 8uch insulators or insulating fittings fi; (uli") in item no 23b,-(i) for the entry in the third column against sub-item (4), the entry ''thirty per cent ad vilorelll " shall be substituted; 10 (b) the ezpllmtion shall be numbered as erplclmtton i, idd after that explanation as 80 numbered, the followbag erplancitiolir shall be inserted, namely:-rr erplgllation ii - this item does dot include electrical bleulators or electrioal insulating fittings or parts 15 of such insulators or insulating fittings "; (uuii) in item no 28a, for the entry in the third colulllll, the entry ''twenty per cent ad vllorem " shall be substituted, (ruii) in item no 29a,for the entries in the third column against sub-items (1) and (2), the entries "eighty per cent 20 ad viiorejii" and ''one hundred and ten per oent ad ii110rem - " 8ball, respectively be substituted; (ruiii) in item no 30, under "a motors which operate on altematbag current -", for the entry in the third column aga~st sub-item (2)(i) the entry ''twenty per oent 26 ad liorem " shall be substituted; (lix111i) in item no 3ob, for the entry in the third column, the _try "fifteen per ost cui aiorelll - " shall be substituted; (uxlllu) in item no 32, for the 8iltry in the third column agajast sub-item (i), the entry ''thirty per cedt ad lialore •• " 30 sball be substituted; (iidi) in item no 33a,-(t) for the edtry in the third column agajnat sub-item (i), the entry "thirty per cmt " ,, •• " sball be liub8tltuted; 35 (b) for each of the _tries in the third column apldst bub-items (2), (3) add (4), the eotry "forty per oem ", •• " ihall be liubst1tuted; (xl) in item no 33b for the entry in the third column against sub-item (i) the entry "twenty per cent ad vgjorem " shall be substituted; (rli) in item no 33c for the entry in the third column the eiiltry ''thirty per cent • ad vgjorciii - " shall be sub-5 stituted; (lui) in item no 330, for the entry in the third column the entry "twenty per cent ad valor •• " shall be substituted (diu) in item no 3300, for the entry in the third 10 column, the emry "twenty-five per cent ad l1alortlll " shall be substituted (iliv) in item no 33f, for each of the entries in the third column agaillst sub-items (1) bdd (2) the entry "forty per ceat ad valorem " shall be substituted; 15 (xlv} in item no 34,-(a) under ''i motor vehicles-" for the entries in the third column against sub-items (1), 2(1) 2(ii) and (3) the eatries ''tweaty per cert ad valorelll ti ''twenty-five per cent ad vgjorai n ''thirty per cent ael valor""" 20 add ''twenty-five per cent ad valorem ti shall respectively be substituted; (b) under 'me trauers!' for the entry in the third column the eiiltry "ten per oedt ad valortlll " shall be substituted; (slvi} in item no 34b for the entry in the third column, 25 tbe eiiltry nf1fteen per cst cad valorem " shall be substituted (dvi') item no 35 shall be omitted; (rlvui) in item no 37a, for tbe entry in tbe third column against sub-item (i), the eutry ''twenty'';five per cent cad valore •• " shall be substituted; 30 (lui) in item no 37m for the entry in tbe tbird column, the entry "forty per ceat ad v4lortlll - " shall be substituted; (1) 1illtem no 37b for the entries in the third column agajnst sub-items (1) and (2), the entries ''twenty-flve per cent - - valorem - n add i~rty-flve per cent ad valorem " shall 35 re8p8ctively be substituted (if) in item no 38 for the eatry in the third column, the _try ''ore rupee bdd thirty paise for every \000 matches or fractto_ thereof" shall be substituted (ui) in item no 40, for the ent:ry in the third column, the entry ''twenty-five per cent tid vtdorem " shall be substituted; (uti) in item no 43, for the entry in the second column, 5 the following entry shall be substituted, namely:-''wool tops and carded gilled suvers contain-ing in either case, more than fifty per cent by weight of wool calculated on the total fibre content ": 10 (hv) in item no 45, for the entry in the third column, the entry "fifteen per cent tid vtdorem " shall be substituted; (111) in item no 48, for the entry in the third column, the entry ''thirty-five per cent tid iitdorem - " shall be 15 substituted; (ivi) in item no 5la for the entry in the third column the entry "fifteen per cent ad vtdorem " shall be substituted; (mi) in item no 52 for the entry in the third column the entry "fifteen per cent ad vlliorem " shall be substituted: 20 (lviii) in item no 53 for the entries in the third column against sub-items (1) and (2), the entries ''twenty-iive per cent tid valorem " and ''thirty per cent tid vtdorem " shall respectively be substituted: (iii) in item no 56 for the entry in the third coluidn the 25 entry ''thirty per cent ad vtdorem " shall be substituted; (ir) in item no 57, for the entry in the third column the entry "fifteen per cent ad va!orej " shall be substituted: (bi) in item no 58 for the entry in the third column, the entry "fifteen per cent tid vlliorem " shall be 30 substituted: (bii) in iwm no 60, for the entry in the thlrd ooluxdd the entry "fifteen per cent ·ad vtdorem • " shall be substituted; (bui) in item no 61 for the entry in the third column the entry ''twenty per cent gd vtdorem - " shall be substituted: 35 (ljiil) in item no 63 for the entry in the third oolumn the entry "fifteen per cent ad valorem " shall be substituted: (lrl1) 1d item no 64, for the _try in the third column, the 8iltry "fifteen per cent d 11a1"r •• " shall be substituted; (1i11i) 1d item no 65 for the entry in the third column, the 8ilt1'7 "fifteen per cent ad iim,r, " shall be mlbstltuted 5 item no description of goods rate of duty - (1) (2) (3) in the first schedule to the central excises act -(i) blltem no4, udder ''ii manufactured tobacco-", after bub-item (6) the followldg sub-item shall be inserted, 10 umely:-"('7) hookah tobaoco fifteen per cent , 1ia1"ral "; (ti) for item no 14c, the followldg item shall be 8ubatltuted aamely:-15 "1tc glycerine -(1) crude glycerine 20 fifteen per cent u lia1orcii fifteen per cent g4 iit1orell, "; (2) glyoel1ae other than crude glycerble (ui) after item no 22f the m1lowidg item shall be blaerted, umely:-thirty per cent 1111'''11 "; floor coverings, name ly,,:-cljlpets, carpeting andruas (made up or not) e",clll4ltion i - thlaltem doeb _ 1dolude nl8f - siiw_li, n jute ,, clfr '-ret • 30 erpl •• , u - - thi item all laclude carpets carpetidg ad ruga havtaa the cbanotor1luca of door coveridla but ljatended for un for u;r other papo_ whataoever -------__--------item no description of goods rate of duty (3) (1) (2) (iv) for item no 34a, the following item shall be substituted, namely:-5 twenty per cent lid vcajo rem '; '34a parts and accessories of motor veidcles and tractors, including trailers, the folldwing, name ly:-10 15 20 (0 brake linings; (io clutch facings; (iii) engine valves; (iv) gaskets; (v) nozzles and nozzle holders; (vi) pistons; (vii) piston rings; (viii) gudgeon pins; (ix) circlips; (x) shock absorbers; (ii) sparking plugs; (xii) thin-walled bearings; (xiii) tie rod ends; (xiv) electric horns; (xv) filter elements, inserts and cartridges 25 erpllllation i - the expression ''motor vehicles" has the meaning assigned to it in item no 34 e%piillgtion ii - - the expression ''tractors'' shall include agricultural tractors 30 (11) after item no 46, the following item shall be inserted namely:-'47 locks, all sorts, and keys therefor twenty per cent lui ,,1i,r 'i erplcanation - - "lock" means a loclddg device operated by - 36 key or oodtrolled by a combjdat1on of letters or figures (vi) after -item no 68 the followidaltem shall be bahrted, name1y:-"19 tooth bbushbs tweaty-ftve per oem, ,, , •• "i item no description of goods bate of duty (1) 12) (3) (liii) mr item no 68, the bllowing item shall be substituted, namely:-6 eight per cent lui vaiorelll " ''68 all other goods, not elsewhere specified, but exc wiling -(4) alcohol, all sorts, includidg alcoholic liquor for human consumption i (b) opium, iiid1an hemp and other narcotic drugs and 10 il&rooticsi aad (e) dutiable goods as def1ned in section 2(e' of the medlc1dal add touet preparat101l8 (excise duties) act, 1965 (16 of 1966) the fourth schedule (see section 30)in the first schedule to the additional duties of excise act in item no4, udder "11 mlltufg&tured tobg&co ,_" -5 (i) for the entries in the third column against sub-items (2) (3)(1) and (3)(ii)~ the entries ''one hundred per cent g4 vgjorelll plus ten rupees per thousand " ''two rupees per thousand ii and ''o:le rupee per thousand!' shall respectively, be substituted; 10 (ii) after sub-item (4) the fbllowlng sub-items shall be inserted namely:-| "(5) | chewing ||-----------|------------|| tobacco | || ten | per || cent | || tad | || v,,10 | || rem | - || two | || rupees | per || ldlogram | |fj) snuff 15 ('1) hookah tobacco five per cent tad valltrem - " statement of objects and reasonsthe object of the bill is to give effect fx> the financial proposals of the central government for the financial year 1979-80 the notes on clauses explain the various provisions contained in the bul new delhi; charan singh the 28th febl'1lary, 1979 president's recommendation under articles 117 at'id 274 of the constitution of india(copy of letter no f 3(1)-b(d)/79 dated the 28th february, 1979 from shri charan singh, deputy prime minister and minister of finance, to the seoretary, lok sabh~) the president, having been informed of the subjeot matter of the proposed bill, reocxnmends under clauses (1) and (3) of article 117 read with clause (1) of article 274 of the constitution of india, the introduction of the finance bill, 1979 to the lok sabha and also recommends to the lok sabha the oodsideration of the bill 2 the bill will be introduced in the lok sabha immediately after the presentation of the budget em the 28th february, 1979 notes on cr""sesclause 2, read with the first schedule to the bul, seeks to prescribe the rates at which income-tax (including surcharge thereon) is to be levled on inoome chargeable to tax for the assessment year 1979-80 further it lays down the rates at whioh tax is to be deducted at souroe during the financial year 1979-80 from incomes subject to such deduotion under the income-tax act; and the rates at whioh "advance tax" is to be paid and tax is to ,be oaloulated and charged in special cases for the financial year 1979-80 rates of income-tax fot the assessment year 1979-80 - part 1 of the first schedule to the bul specifles the rates of income-tax (including surcharge) on incomes liable to tax for the assessment year 1979-80 these rates are the same as those specified in part iii of the schedule to the finance act 1978 for the purpose of deduction of tax at source from "salaries" and for computation of "advance tax" payable during the financial year 1978-79 rates for deduction of tax at source during the financial year 1979-80 from incomes other than "salaries" - part ii of the first schedule to the blll speclfies the rates at which income-tax (including surcha"'ge where applleable) is to be deducted at source during the finanoial year 1979-80 from inoomes other than "salaries" and ~etlrement annuities under seotion 80e(9) of the income-tax act the rates specified in this part for deduction of tax at source are the same as those specified in part u of the schedule to the finanoe act 1978 for the purposes of deduotion of tax at source during the flnancial year 1978-79,exoept for certain modifioations in the case of income by way of winnlngs from lotteries and orossword puzzles, and wbmings from horse races payable to a resident recipient (other than a company) during the financial year 1979-80, tax will be deductible at the rate of 36 per cent (made up of basic lncometax of 30 per cent and surcharge of 6 per cent) as agalnst 34 5 per cent during 1978-79 in the case of incomes by way of interest on securities (not being lnterest on a tax-free security) or dividends payable to a resident recipient (other than a company) during the financial year 1979-80 tax will be deductible at the rate of 24 per cent (made up of basic income-tax of 20 per cent and surcharge of 4 per cent) as against 23 per cent during 1978-79 in the case of incomes by way of lnterest on 'rightstdebentures issued by companies in which the public are substantially interested, deduction of tax at source will, however, be made at the rate of 10 per cent in the case of incomes (other than interest on a tax-free security) payable to a nonresident (other than a company) during the financial year 1979-80, tax will be deductible at the mlnimum rate of 36 per cent (made up of income-tax of 30 per cent and surcharge of 6 per cent ) as against 345 per cent in 1978-79 in the case of interest on a tax-free security payable to a non-corporate non-resident the rate for deduction will be 18 per oent (made up of lnoome-tax of 15 per cent and surcharge of 3 per cent ) as against 1725 per cent in 1978-79 in the case of incomes by way of lnterest other than ''interest on securities" payable to a domestic company during the financial year 1979-80, tax will be deductible at the rate of 21 5 per cent (made up of income-tax of 20 per cent and surcharge of 15 per cent )as against 21 per cent in 1978-79 in the case of any other inoome (excluding interest payable oll a tax-free security) payable to a domestic company during the financial year 1979-80, tax will be deductible at the rate of 24 per cent (made up of income-tax of 22 5 per cent and surcharge of 1 5 per cent ) as against 23 per cent in 1978-79 in the case of income by way of royalty payable to a foreign company by an indian concern in pursuance of an agreement made by it with the indian concern and approved by the central government before 1st april, 1976, tax will be deductible at the rate of 53 75 per cent (made up of income-tax of 50 per cent and surcharge of 375 per cent) as against 525 per cent in 1978-79 similarly, in the case of incomes by way of fees for technical services payable to a foreign company by an indian concern in pursuance of an agreement made by it with the indian concern and approved by the central government before 1st april, 1976 tax will be deductible at the rate of 5375 per cent (made up of income-tax of 50 per cent and surcharge of 3 75 per cent ) as against 525 per cent in 1978-79· further, incomes by way of interest payable on a tax-free security toa foreign company during the financial year 1979-80, tax will be deductible at the rate of 473 per cent (made up of income-tax of 44 per cent and surcharge of 33 per cent) as against 462 per centin 1978-79 in the case of any other income payable to a foreign company during the financial year 1979-80 tax will be deductible at the rate of 7525 per cent (made up of income-tax of 70 per cent and surcharge of 5 25 per cent) as against 73 5 per cent in 1978-79 rates for deduction of tax at source from ''salaries'' and retirement annuities, computation of ''advance tax" and charging of income-tax in special cases during the financial year 1979-80 - part in of the first schedule to the bill specifies the rates at which income-tax (including surcharge) is to be deducted at source from "salaries" and retirement annuities referred to in section 80e(9) of the income-tax act and also the rates at which "advance tax" is to be paid and income-tax is to be calculated or charged in special cases for the financial year 1979-80 these rates are the same as those specifled in part i of the first schedule to the bill for the ass~ssment of incomes liable to tax for the assessment year 1979-80 except for the following modiflciltlons :-(i) in the case of individuals hindu undivided families unregistered firms etc, no tax is payable if the total income of the assessee does not exceed rs10 000 where the total income exceeds rs10 000 by a small margin the income-tax (ex~luding surcharge) payable by the assessee will not exceed 30 per cent of the excess of the total income over rs10, 000 as against 70 per cent hitherto in the case of individuals hindu undivided families with no member having independent taxable income exceeding rs10 000 unregistered firms etc, this margihal provision will cease to operate where the total income exceeds rs 12000 while in the case of hindu undivided families baving one or more members with independent taxable income exceeding rs 10 000 it will cease to operate where the total income exceeds rs 13 000 (ll) the rate of surcharge on income-tax in the case of all non-corporate assessees is proposed to be increased from 15 per cent to 20 per cent of such incometax (ui) the rate of surcharge on income-tax in the case of all categories of companies 18 prop08ed to be increased from 5 per cent to 75 per cent of such 1ncometax the provisions in the blll for the purposes of computation of "advance tax" and charging of income-tax in special cases during the financial year 1979-80 in the case of lndividuals hindu undivided famllies, unregistered firms, etc, having net agriculturallncome, in addition to non-agrlculturallncome exceeding rsi0, ooo,are the same as in the finance act, 1978 excepting that the income-tax payable shall in no case exceed 60 per cent of the excess of the total income over rs10 000 as against 70 per cent hitherto in the case of companies the rates of income-tax specified in paragraph e of part iii of the first schedule to the blll are the same as those specified in paragraph e of part i of the first schedule to the b1ll except for the modification that the rate of surcharge has been increased from 5 per cent to 75 per cent of such lqoome-tax clause 3 seeks to make certain amendments in section 10 of the income-tax actsub-clause (a) seeks to ameud sub-clause (vua) of clauae (6) of sectiod 10 at present a foreign tecbn1cian employed by the govemment, a local authority, a &tutory corporation, an approved scientific research association or ~ business in india i8eut1tled to -exemttlon from income-tax in respect of his 8alary 8ubject to certain coddiuons for the purpose of tbja provision, a 'technician' means a perbon bavide apecialllled kiiowledp and experience in construouodal or manufacturing operatiou or in mining or in the gederation of electricity or ady otber form of power or agriculture animal husbandry dairy farming, deep sea fishing or ship building the forelp teclmjcjan eupble for this exemixlon should be employed in india in a capacity in which 8uch specialised knowledge and experiedce are actually util1sed udder the propoeed amendmedt, the central government is being empowered to specify by dotif1cauon in the omcial gazette, any other field in which the foreip teclm1c1aa cu be employed in india having regard to the avallab1l:lty of indian t8clmiciua in that field, the needs of the coulltry and other relevlull ctrcumstadces the ameadmeat,111 take effect from 1st june, 1979 add wlll apply in relation to the u medt year 1980-81 add subeequeat year •• sub-clause (b) seeks to amedd sub-clause (11) of clause (15) of section 10 udder the existing provisions interest on deposits in post office savings banks and bonus in respect of deposits under the post office savings bank (cumulative time deposits) rules, 1959 is exempt from income-tax to the extent to which the amount of such deposits does not exceed the maximum amount which is permltted to be so deposlted under the proposed amendment, the interest on deposits in a public account in the post office savings bank wui be exempt from tax up to rs 2,250 for this purpole, a "publlc account" means an account specified in item (3) in the table below rule 3 of the post office sav1ngs banks rules 1966 this amendment wtll take effect from 1st april 1980 and will accordingly apply in relation to the asessment year 1180-81 add subsequent years sub-olause (0) seeks to 1daert two new clauses (23bb) and (23bba) in seotkm 10 the finance (no2) act, 1977 inserted a new section 24a in the khad1 and v1llage industries commission act, 1956 so 88 to exempt the khadi and v1llap industries commission established under the said act from the paymem of tax under the income-tax act the new clause (23bb) seeks to gram exemption from 1dcometax 1n respect of any income derived by similar authorities set up under any state or provincial act the new clause (23bba) seeks to exempt income of bodies or authorities established, codstituted or appointed under any enactment for the administration of public religious or charitable trusts or endowments (including math§ temples, gurciwarm walds t churches, synagogues, aglaries or other places of public religious worship) or societies for reltglous or charitable purposes it is, however, being made clear that the exemption will not apply to ~ income of any such trust, endowment or society the proposed amendments will apply retrospectively from lilt april, 1962, that is to say, the date of commencement of the income-tax act, 1961 clause 4 seeks to amend section 35b of the income-tax act relating to export markets development allowance under the existing provisions a weighted deduction at the rate of one and one-third times the qualifylng expenditure on the development of export markets is allowed in the computation of taxable profits of a small-scale exporter a holder of export bouse certificate add a perlioil ,apd in the busines of provlsloil of technical know-how to persons outside india or in the performance of any services in connection therewith it is proposed to make two amendments in this section under the first amendment, bdy expenditure incurred on advertisement or publicity outside india in respect of the goods services or faculties which the assessee deals in or provides in the course of his business· wui qualify for weighted deduction under the second amendment the benefit of the export markets development allowance is being extended to all domestic companies and other non-corporate assesbees resident in india these amendments will take effect froq 1st apru 1980 and will accordingly apply in relation to the assessment year 1980-81 and subsequent years clause 5 seeks to amend section 35cca of the income-tax actunder section 35cca, an assessee engaged in a business or profession is entitled to a deduction tn the computation of the taxable profits, in resp8ct of expenditure incurred by him by way of payment of any 8um to an association or institution having as its object the undertakldg of au;v programme of rural doyelopmedt, to be used for tjae purposes of carrying out such programme tho deductlon ls admissible only j,n cases where the association or institution and also the programme are approved by the prescrlbed authority the proposed amendments seek to provide that expenditure incurred by such a aeea by way of payjd8llt of any sum to an association or institution approved by the prescribed authority will also be allowed as deduction where such association or idaubition has as ita object the tratnldg of pers0d8 for lmplem8lltm, proaramme of rural clevelopjdedt the proposed amendments will take effect from 1st june, 1979 and will apply in relation to the assessment year 1980-81 and subsequent years clause 6 seeks to make certain amendments in section 36 of the income-tax act sub-clause (a) seeks to insert a new clause (la) in sub-section (1) of section 36 under the proposed amendment, the amount of premium paid by a federal milk co-operative society to effect or to keep in force an insurance on the life of the cattle owned by a member of a primary milk co-operative society affiliated to it wlll be allowed as a deduction in the computation of profits of the federal milk co-operative society sub-clause (b) seeks to insert a new clause (vila) in sub-section (1) of section 36 the new clause seeks to provide that any provision for bad and doubtful debts made by a scheduled commercial bank, in relation to advances made by itl!!j rural branches, in an ,amount not exceeding ii per cent of the aggregate average advances made by such branches wui be allowed as deduction in the computation of its taxable profits the aggregate average advances so made will be computed in the manner to be prescribed in the rules for the purposes of this clause, a "rural branch" will mean a branch situated in a place with a population not exceeding ten thousand sub-clause (c) seeks to amend clause (vlu) of sub-section (1) of section 36, under the existing provisions, approved financial corporations engaged in providing long-term finance for industrial or agricultural development in india are entitled to a deduction, in the computation of their taxable proflts, of the amounts transferred by them out of such, profits to a special reserve account up to a specified percentage of their taxable income, in the case of a financial corporation or a joint financial corporation established under the state financial corporations act, 191)1 or any institution deemed under section 46 of that act to be aflnanclal corporation established by the state government for the state within the meaning of that act, the deduction is admissible up to 40 per cent of such profits carried to the special reserve account in the case of other flnanc1al corporations, the deduction is allowed at the rate up to 25 per ce •• of such profits the proposed amendment seeks to provide a uniform rate of deduction of forty per cent in the case of all such financial corporations these amendments will take effect from 1st april, 1980 and wul accordingly apply in relation to the assessment year 1980-81 and l!!jubsequent years clause 7 seeks to amend explanation 1 below sub-sectiod (3b) of section 37 of the income-tax act ' under the existing provisions, any expenditure on an advertisement in a "small dewspaper" l8 excluded for the purpose of disallowance of a specified percentage of expenditure on advertllement, publ1city and sales promotion for this purpose, a newspaper is deemed to be a "small newspaper" if the average clrculation of the newspaper in the calendar year in which such advertisement baa been publ1shed is cert1f1ed by the prescribed authority a8 not exceeding 1&, 000 copies under the proposed ald8lldmedt, the requirement of certification of the average clrculauod of the de_paper by the prescribed authority 18 beln, omitted this amendmellt wui tab effect from 1at apru, 1t7t clause 8 seeks to make two ame,nddleats in seotlon 64e of the inoome-tax actunder the existing provlblons, long-term capital galdb are exempted from tax if t1le full value of the consideration received or accruing as a result of the transfer is deposit,)d or invested in speolfled financial assets within six months of the date of the transfer where--the asset is oompulsoruy aoqulred by the government, or the oonslderatlon for the transfer is determined or approved by the central government or the reserve bank of lddlaadd addltlonal oompensatlon or oonsldemtlon is paid to the assessee in any subsequedt year, the oapltal gains attributable to the amount of addltlonal oompensatlon or oonslderatlon a~ exempted from tax if suoh amount is deposited or invested in the speolded financial asaets wlthln six months of its receipt the first amendment proposes to restrict the benefit of exemption of capital gains attributable to the amowlt of addltlcmal compensation or oonsideratjon to aloh amount as is received by the assessee before 1st march 1979 the second amendment proposes to restrict the benefit of exemption of capital gailul under secuon me to tntnsfers of long-term oapital assets made before lit march, 1979 clause 9 seeks to make certain amendmedts in seetlon 64 of the income-tax aotbub-olause (a)(1) seeks to amend explaoatjon 1 below sub-section (1) of seouon 64 under the proposed amendment, lnoome arising to the spouse of an lndlvlcbll by way of salary, commission, fees or any other form of remuneration from a oodcern in whloh both the lndlvldual and the spouse have substantjallnterest, wid be inoluded in the total income of the lndivlcua1 or the spouse whose totallnoome excluding such aalary, co~slon etc •• _1s geater bub-clause (a)(u) seeks to lnsert a new explanation 1a below sub-section (1) of sectlon 64 under the proposed amendment, where the 8powje of an lndlvldlla1lb a benefiolary under a trust and the trustee joins in any partnership business with the individual the income arising from such partnership to the trust, to the eztent it is for the benefit of the spouse, wlll be inoluded in the totallnoome of the individual bub-clause <ahul) seeks to lnsert a new explanation 2a below sub-section (1) of seetlon 84 under the proposed amendment, where the mldor child of an lndlvlcmal i a beneficiary under a trust and the trustee joins in any partnership bil8lne8 with any person, the inoome arising from such partnership to the trust, to the extent it i for the benefit of the minor chlld, will be inoluded in the totallnoome of the liidlvldual bub-clause (b) seeks to amend sub-section (2) of section 64 item (i) seeks to provide that where 8i1indlvtdual make a gift of his separate property to the hlddu undlvlded famlly of whlch he is a membe~ then, the entire lnoome from the lifted property wlll be lnojudlble in the lnoome of aum lddlvldual item (11) seeks to insert a new eapjanatlon 2 below that sub-section to provide that where the speclded lncome to be included in the total income of the indlvldualls a loss, such 108s will be taken into acoount while computlng the total income of the lndlvldual these amendments wul take effect from 1st april, 1980 8i1d wid accordingly apply in relation to the assessment year 1980-81 and subsecpent years clause 10 seeks to amend alb-section (l} of section soc of the inoome-tax act relating to deduction ld respect of ufe insurance premia, contributions to provident fund, etc under the pl'opoaed amaadment, the quantum of deduction from taxable ldcome in respect of long-term savldp through ufe lnsurance, provident fund, etc, wlll be varied 80 as to allow a deduction of the whole of the nrst bs 6,000 of the ~luylng savlngs, plus 35 per oem of the next bs 5000 plus 20 per cent of the remainder of the quallfyldg savlngb however the monetary llm1t of the savlng8 quallfylng for tax relief wlll remain unchanged at 30 per cent of the gross total lncome or rs 30 000, whichever is less this amendment will take effect from 1st apru, 1980 and wul accordingly apply in relation 10 the assessment year 1980-81 and subsequent years clau8e 11 seeks to lnsert a new sectlon sogga in the income-tax act under ihe new section, any sums paid cilrlng the previous year by an asse8see 10 an approved association or lnbtltutlon for specifled purposes would be allowec" as decllctlon in the computation of the total income the sums which ~llfy for deduction are: (i) sums paid to a scientific research association which has a8 its object the undertaklng of scientific research or to a unlverslty college or other lnbtltution 10 be used for scientific research, where such assoclatlon university, college or institution has been approved by the pre8crlbed authdrity for the plj1)oses of seetlon 35(1)(11) of the 1dcome-tax act; (11) sums paid to an assoclation or ldsututlon which has as its object the undertaidilg of any programmeof nll'al development to be used for the purposes of oarryiq out iuiy programme of iural development approved for the puj1)oses of seetlon 36cca; (111) sum paid to ad asaoclation or institution which has as its object the tralnlq of persons for lmplemedtldg programmes of rural development the deductlons udder th1s seetlon wid dot be allowed in cases where the assessee has any lncome udder the head "profits and galns of blsines8 or profe8sion" this provision wlll take effect from 1st aprll, 1980 and wlll accordlngly apply in relation to the assessment year 1980-81 and bubsequent years clause 12 8eeks to amedd alb-section (4) of section 8qj of the income-tax actunder the exi8tldg provisions, an lncl1strlal undertaking which beglns to dwlilfacture or procmce articles or operate a cold storage plant before 1st aprll, 1981 is eiltltled 10 a ''tax hollday" of a speclfted percentage of the capital employed for a period of five successive assessment years beglnnlng with the asse8sment year relevant to the previms year in which the undertaklng begins to mam1facture or produce articles or operate the cold 810rage plant the proposed amendment seeks to provide that the provisions relating to "tax houday" wid dot apply in relation to an inoostrlal undertaklng which beglns to mamjfacture or produce any article specl1led in the eleventh scheoole to the incomhax act after 31st march, 1979 this amendment wlll take effect from 1st aprll, 1979 clause 13 seeks to insert a new section 88jja in the income-tax act under the existing provisions, income from the business of growi~g mushrooms under controlled conditions is not regarded as agricultural income and is accordingly charged to incometax under the new section, in computing the total income of an assessee deriving profits and gains from the business of growing mushrooms under controlled conditions, one-third of such profits or gains or rs~ 10, 000, whichever is higher, will be allowed as a deduction this provision wlll take effect from 1st april, 1980 and wlll accordlngly apply in relation to the assessment year 1980-81 and subsequent years clause 14 beeks to amend section sop of the income-tax act under the existing provisions, the profits and gains derived by a co-operauve society (lncludlng a consumers' oo-operatlve society) are exempt from tax up to rs20,ooo the proposed amendment seeks to increase the monetary llmlt for exemption in the case of a consumers i co-operatlve society from rs 20, 000 to rs40,ooo this amendment wlll take effect from 1st april, 19s0 and wlll accordlngly apply in relation to the assessment year 19s0-81 and subsecpent years clause 15 seeks to insert a new seetlon soqqa in the income-tax act under the new sectlon authors of standard text books prescribed for a degree or po~ course of a university in any jan •• spec1fted in the elpth 8chedille to the codbtltution or in any other language as the cedtral government may dotjty bavlng regard to the need for promotion of publlcatlon of such text books in that language, wid be entitled to a deduction, in the computation of the totallncome of an amount equal to twenty-five per cent of the income from such books included in the gross total income the deduction wul be admissible for the assessment years 1980-81, 1981-82, 1982-83, 1983-84 aud 1984-86 the proposed deduction will also be available in respect of dlctlodarles, thesaurus and encyclopaedia in any of the aforeald langua, thib p1'ovl8lon wlll take effect from 1st aprll, 1980 clause 16 seeks to amedd section 208 of the inoome-taxact udder the proposed amendment, the thresheld tor paymedt of ad9adce tax in the oue of nilstered ftrma hrs been lowered from rb 30, 000 to ill 20,000 this amendment will tab effect from 1st april, 1979 claule 17 seeks to make certalil amendmeats in aeotlon 209a of the 1dcome-tu actunder the exlstlng prov"jou an aue88ee is recp1red to fardlah a lltatemeat/ estjmate of advance tax be,,, tbe date on which the relevant ld8t:almeat of adftdce tax is cme iii hi case the ,""""medta will eaable him to l11mllh mch btatemeat/ estlmate op or be£orethe due date of the relevant ln8talment it 18 al80 proposed to make a minor drafting alteration in the bectiod these amendments wlll take effect from 1st april, 1979 clause 18 seeks to make certain amendments in section 212 of the inoome-tax act under tlie existing provlsiona, an assessee is required to send an estimate of advance tax before the date on whlch the relevant instalment of advance tax is due in hls case the amendments wid enable him to furnish such estlmate on or before the due date of the relevant instalment these amendments wlll take effect from lit aprll, 1979 clause 19 seeks to amend section 218 of the inoome-tax act under the exlstlng provision, an assessee is deemed to be an assessee in default in respect of the tnstalment of advance tax if he does not pay such lnstalmedt on the specifled date and does not send an estlmate or revised estimate before that date under the amendment, he wlll not be deemed to be an assessee in default even in a case where he flies the estlmate or revised estimate of the advance tax payable by hlm ~ the specl1led date this amendment wid take effect from 1st aprll, 1979 clause 20 seeks to make certain amend meats in section 245d of the income-tax act under the existing provisions, an appljcatjon for settlement of a case is not proceeded with if the commissioner of income-tax objects to the application being proceeded with on the ground that concealment of partlculars of income on the part of the app1jcant or perpetration of fraud by him for evading any tax or other sum chargeable or lmposable under the indjan income-tax act, 1922 or the income-tax act, 1961 bas been establlshed or is likely to be eatabllahed by any lncome-tax authority in relation to that case under the proposed amendmeat, the objection by the commissioner of income-tax wlll be subject to review by the settlemedt commission and the settlement commission wid, before over-ruling the objection, provide h1m with an opportunity of being heard these amendmellts wid take effect from 1st apru, 1979 clause 21 seeks to make certain amendments in section 24'3 of the inoome-tax act under the exlstmg provisions, appeals against orders of assessment in the case of foreign oompanles and orders of asses8jd8llt in the case of domestic companies where the ldcome or 10s8 exceeds rs6 lakhs, lie to comm1ssloner (appeals) sub-clause (a)(l) seeks to provide that appeals agalnstordersspeclfled in clauses (b) to ~h) (both inclusive) and clauses (1) to (0) (both lnclusive) of sub-sectjon (1) of section 246 in the case or all companies wid 11e to commlsbloner ~ppeals) the amendmeat in alb-clause (b) seeks to jnaart two new aub-sect1oda in section 246 the dew aub-sectlon (4) seeks to provlde that every appeal ap,mst an orda r bpecifted in clause8 (b) to (h) (both lnoluslve) add olauaes (1) 110 (0) (both jnolualve) of sub-secuon (1) of sectloa 246m the case of a cojdp8l1y, pend" imme418tely before 1atjune, 19'79, belon an appellate a881stadt comm18sloder and ad7 matter "arlbldg out of or connected with such appeal and which ls 80 pendjng, wid be t1'8d8ferred from that day to the commissioner (appeals) who wid be empowered to proceed with such appeal or matter from ihe stage at wh1cb it was on that day however, the appelladt wid have a right to demand that before proceeding with the appeal or matter, the previous proceeding or any part thereof may be re-opened or that he may be re-heard the new sub-sectlon (5) seeks to provide that the board wid be empowered to transfer any appeal which is pending before an awellate assistant comm1asloder and any matter arlslng out of or connected with such appeal add which is 80 pendjdg, to the commissioner (appeals) if the board 19 satlsfied that it is necessary or upedlent so to do bavld&t regard to the nature of ihe case, ihe complexities involved add other relevant considerations after the appeal js 80 transferred, the commissioner (appeals) wul be empowered to proceed with such appeal or matter from the stage at w]w)h it was before it was 80 transferred the appellant ww bowever have the right to demand that before proc~ ftlrther with the appeal or matter, the pnwlous proceeding or any part thereof may be re-opened or that he may be re-beard these amendmedta ww take effect from 1st june, 1979 clause 22 seeks to make certa1d am8luim8l1ta of a oodseqlledtjal dature in dufereat provisions of the ldoome-tax act the ameddment prqjoseci in sab-clause (1) is consequential to ihe insertion of a new proviso 10 bu~eection (4) of seotjod 8oj the amendment proposed in aub-clause (2)(a) is oonaequedtlal to the insertion of a new clause (vua) in aub-seotloll (1) of seouon 36 of the inco~ act the ameddmedts proposed in sub-clauses (2)(b) and 2(c) are consequedtjal to the insertion of new sections 80gg\ and 8ntja clause 23 seeks to make certain ameddmedts 1d seot1on 4 of the wealth-tu act sub-clause (a) seeks to amead sub-eection (ia) of secuoil 4 the propoeed amendmeat seeks to prcmde that where ad fdd1v1dua1 mair8s a jift of hla hp8i'iite property to the biddu udd1v1ded family of wbjch he is a member, he w111 be deemed to have tradaferred 8uch separate property through the fundy to the members of the family for be1dg held by them jo1&ly aad the value ~ the gifted property wlll be included in the net wealth of the jddtvidual 8w>-clause (b) seeks to amedd sub1ectton (3) of sect10n 4 udder the u;jstidg provisions, the exem(tjons in respect of certain au appjv in relation to those usets which though dot belodgldg to the use8~ are 1dcluded in the net wealth of the u8essee udder sect10n " as if such assets were u8s belodg1dg to the &8ses888 slmilarlylthe value of the debts owed by the tr8dllferee relatm, to such &88et8 are alldwecl as deductlon the propoaed amendmejt seeks to provide that the deductions and exemsttou in respeat of the property gifted by the individual as a180 the debts relating to such property would also be allowed as deduction 111 respect of 111mb auets included m the dst w_1th of the individual these amendments will take effect from 1st april, 1980 and will accordingly apply in relation to the assessment year 1980-81 and subsequent years clause 24 seeks to make certain amendments in section 22d of the wealth-tax act under the existing provisions, an application for settlement of a case is not proceeded with if the commissioner of wealth-tax objects to the application being proceeded with on the ground that concealment of particulars of the net wealth on the part of the applicant or perpetration of fraud by him for evading any tax or other sum chargeable ot imposable under the wealth-tax act has been established or is ukely to be established by any wealth-tax authority in relation to that case under the proposed amendment, the objection by the commissioner of wealth-tax will be subject to review by the settlement commission and the settlement commission will, before over-ruling the objection, provide him with an opportunity of being heard these amendments will take effect from 1st april, 1979 clause 25 seeks to insert a new sub-section (ic) in section 23 of the wealth-tax act under the propofiled amendment, the board will be empowered to transfer any appeal which is pending before an appellate assistant commissioner and any matter arising out of or connected with such appeal and which is so pending, to the commissioner (appeals) if the board is satisfied that it is necessary or expedient so to do having regard to the nature of the case, the complexities involved and other relevant considerations after the appeal is so trad8ferred, the commissioner (appeals) will be ~mpowered to proceed with such appeal or matter from the stage at which it was before it was so transferred however, the appellant will have a right to demand that before proceeding with the appeal or matter, the previous proceeding or any part thereof may be re-opened or that he may be re-heard this amendment will take effect from 1st june, 1979 clause 26 seeks to substitute part i of schedule 1 to the wealth-tax act under the proposed amendment, the following rates of wealth-t&x have been specified in the case of individuals add hindu undivided families ci:ber than those having one or more members with independent net wealth exceeding rsi, 00,000:-rate of tax slab of net wealth up to rs2,50,ooo i per cent (same as at present); i per oent (same as at present); rs2, 50, 001 - 5,00,000 2 per cent (same as at presem); rs 5,00,001 - 10,00,000 rsio, 00, 001 - 15,00,000 3 per cent (as against 21 per cent at present); over ra15,ooooo 5 per cent (as against 3i per cent at pre$8nt) in the case of hindu undivided families having one or more members with independent net wealth exceeding rsl, 00, 000, the following rates of wealth-tax have been specif1ed:-| | rate | of | tax ||--------------|-----------|----------|-----------|| slab | of | net | wealth || ii | | | || per | cent | | || (same | as | at | present); || iip | to | rs | 2,50,000 || 2 | | | || per | | | || oent | (same | | || as | | | || at | preseut); | | || rs | 2, | 50,001 - | 5,00,000 || rs | | | || 5, | | | || 00, 001 - | 10,00,000 | | || 3 | | | || per | | | || cent | (as | against | 21 || per | | | || cent | | | || at | | | || present); | | | || ~er | | | || rs10,00,000 | | | || 5 | per | | || cent | | | || (as | against | | || 3i | | | || per | | | || cent | | | || at | present) | | |no wealth-tax will be payable in the case of individuals as wen as hindu undivided families if their net wealth does not exceed rs1, 00, 000 further, the wealth-tax payable shall in no case exceed 5 per cent of the amount by which the net wealth exceeds rs1,oo,ooo this amendment will take effect from 1st april, 1980 and will accordingly apply in relation to the assessment year 1980-81 and subsequent years clause 27 seeks to insert a new sub-section(lc) in section 22 of the gift-tax actunder the proposed amendment, the board will be empowered to transfer any appeal pending before an appellate assistant commissioner and any matter arising out of or connected with such appeal and which is st, pending to the ccmmissioner (appeals) if the board is satisfjed that it is necessary or expedient so to do having regard to the nature of the case, the complexities involved and other relevant considerations the commissioner (appeals) will be empowered to proceed with such appeal or matter from the stage at which it was before it was so transferred however, the appellm will have a right to demand that before proceeding further with the appeal or such matter, the previous proceeding or any part thereof may be re-opeded or that he may be re-heard this amendmedl: will take effect from 1st june 1979 clause 28 read with the second schedule seeks to raise the import duty on camphor clause 29 read wi1h the third schedule seeks-(a) to raise the rates of basic exoise duty on -(1) confectionery, like cocoa powder, chewing gum chocolates, etc (2) prepared or preserved foods (3) food products (4) aerated waters, other than plain soda (5) glucose and dextrose (6) instant coffee (7) cigarettes, bids, smoking mixtures for pipes and cigarettes, chewidg tobacco and snuff (8) mc:tor spirit (9) kerosene (10) liquefied petroleum gas (11) oil bound distemper, plastic emulsion paints, nitro cellulose lacquers and cellulose lacquers not otherwise specified (12) specified chemicals other than caprolactam and d m t (13) synthetic organic products (14) cosmetics and toilet preparations (15) tooth paste including dental cream (16) oxygen, chlorine, ammonia, refrigerant gases and acetylene (17) household and laundry soap j (18) organic surface active ageuts (19) polishes and creams (20) latex foam sponge and certain rubber products viz piping, tubing, transmission belts, conveyor belts, etc (21) plywood, other than plywood for tea-cbests (22) cellulosic spun yarn (23) cotton yarn, all sorts (24-) linoleum (25) typewriter ribbons (26) electrical stampings and laminations (27) refrigerators and air-conditioners, etc (28) certain types of three phase electric motors (29) m<tor starters (30) vacuum and gas f1l1ed bulbs (31) t v sets, radios, radiograms, etc (32) insulated electric wires and cables (33) domestic electrical appliances (34) office machines (35) computers (36) musical systems (37) forklift trucks and platform trucks (38) gramophones, record players, record playing decks or record changer decks (39) tape recorders (40) cinematograph projectors and parts thereof (41) matches (42) steel furnjture (43) weighidg machines, etc (44) safes and strong-boxes (45) tools (46) bolts, nuts and screws (47) zip or slide fasteners and parts thereof (48) playing cards (49) camphor (50) menthol (51) adhesive tapes (52) electric lighting fittings (53) wire ropes (54) carbon black (66) rubber processing chemicals, (b) to change the tariff description « -(1) item no14c relatlag to glycerine to 8ubject crude glycerine and glyceride, otber tban crude glycerine, to excise duty under two different sub-items (2) item no15a relating to plastics to exclude electrical insulators or electrical insulating fittings or parts of such insulators or insulatlag fittings from ita scope and also to raise the basic excise duty on polyurethane foam and articles thereof (3) item no 19 relating to cotton fabrics to exclude floor coverings from its scope (4) item no21 relatjdg to woollen fabrics to exclude floor coverings from its scope and al80 to raise the basic excise duty on woollen fabrics, other than embroidered fabrics (5) item no 22 relating to man-made fabrics to exclude floor coverings from its scope (6) item no22f relating to mineral fibres and yarns, by way of clar1f1cation (7) item no23a relating to glass and glassware to exclude electrical1nsulators or electrjca11n8ulat1ng fittmgs or parts of such insulators or insulating fittings from 1ts scope and also to revise the description and raise the dlty on nat glass and certain other glass and glassware including tableware (8) ite m no 23b relating to chinaware and porcelainware to exclude electrical insulators or electrical insulating fittings or parts of such insulators or insulating f1tt1ngs from its scope and also to raise the basic excise duty od certain typea m china ware and porcelainware (9) item no34a relating to parts and accessories of motor vehicles to include (lilly certain spec:lfjc items within its scope (10) item no 43 as a measure of rationalisation (11) item no 68 re1at1ng to goods d«t elsewhere specified in the cedtral excise tariff and also to raise the basic excise ch&yj (0) to omit the existing provision 1d the first schedule to the cedtral excises act for fixing annually rate of duty on salt by a central act and to fix a nq rate of duty oil saltj (d) to reduce the basic excise duty od --(1) carbon dioxide gas (2) plates, sheets, etc , of rubber; (e) to omit iem no35 relatfdg to cycle parts viz free wheels add rims] (f) to raticmalis8 and restructure the rates of basic excise duty on motor vebjcles) (g) to include new items in the cearal excise tariff for -(1) hookah tobacco by amend1ngltem no4 relat1ng to tobacco (2) c8rpets, carpeting and rug&(made up or not) (3) locks and keys therefor (4) tooth brushes clause 30 read with the fourth schedule seeks to amend the first schedule to the additimal duties d excise (goods of special importance) act, 1957 (1) to raise the additional excise duty on cigarettes and birisj (2) to levy additional excise duty on chewing tobacco, snuff and hookah tobacco clause 31 seeks to levy up to the 31st march 1980 auxuiary duties d customs on au imported goods at the rate of 20% of their value clause 32 seeks to levy up to the 31st march 1980 special duties of excise on all excisable goods at the rate of five per cent of the duty leviable udier the central excises act, read with any notification for the time being in force issued under the said act or the rules made thereunder chapter v (containing clauses 33 to 42) provides for cesser of operation and replacemedt of chatter vb of the finance (no2) act 1971 clause 34 defines "carrier", "international journey", ''passenger'' 8dd certain other expressions used in the chapter clause 35 provides for the levy of a foreign tra'yel tax, on all pa8seugers embarking on international journeys, at the rate of one llundred rupees for every such j')urney to any place outside india other than a place in a neighbouring country, and at the rate of fifty rupees for every such journey to any place in a d81gbbouridg coudtry, which may be specified by notification in the official gazette by the cedtral government having regard to certain circumstances the tax will be collected by the officers of customs appointed udder the customs act, 1962 or such other officers d the cedtral government or the state governmedt or the ldternational airports authority of india as m~ be authorised in tbis behalf by the central goveromedt clauae 36 confers power on the central governmedt to gram exemptioll8 (total or partial) from the paymadt of foreign travel tax clause 38 provides for penalties and adjudication of penalties the other clauses of this c1uqxer deal with incidedtai and supplemental ma1tt£s including the power of the ceutral govermnejt to make rules and cesser of cbapt8'r vn c4 the finance (no2) act, 1971, relating to foreign travel tax clause 43 seeks to amend the first schedule to the indian post office act, 1898 w:lth a view to increasing the postage rates for letters and letter-cards clause 44 seeks to insert a new section 42a in the agricultural refinance and development corporation act, 1963, so as to exempt the income of agricultural refinance and developmem corporation est&bl1shed under the sald act the exemption will apply for purposes d income-tax and surtax and will cover the idcome of the corporation for the five accoudtidg years commeucing from its accotmting year which is the previous year for the assessmem year 1979-80 clause 45 seeks to amend section 23 of the finance act, 1973 the effect of the amendment w1l1 be that the credit guarantee corporation of india lim1ted (a company formed and registered under the companies act, 1956), which was initially exemjted from income-'tax and surtax up to the assessment year 1976-77, and which exemption was extended for a further period of two years up to the assessment year 1978-79 by the finance (no2) act, 1977, will be exempted from income-tax and surtax for one more year, i e, in relation to the assessment year 1979-80 the proposed amendmem will take effect from 1st april, 1979 clause "6 seeks to make certain amendments in the compulsory deposit scheme (lncome-tax payers) act, 1974 sub-clause (a) seeks to amend sub-section (1) of section 3 sub-clause (b) seeks to amend clause (ill) of sub-section (1) of section 4 these amendments seek to secure thatjin relation to the assessmem years 1980-81 and 1981-82 also, compulsory deposits are made at the rates specified in paragraph c of the schedule to the act these amendments will take effect frmn 1st april, 1979 financial memorandumchapter v of the bill provides for the levy of foreign travel tax the ex1at1dg machinery of customs and cej:tral excise department would be uuuaed for the woreemeat of the provil1ons of this chapter to the extent the eollectioo c1 the tax is entrusted to any state governmem: or the international airports authority of jnd:la under sub-clause (2) of clause 35 read with the opening portion of sub-clause (2)(a) of clause 40 (relating to the charges for collection payable to any state government or the international airports authority of india) it w1ll be necessary to 1dcur expenditure for payment of collection charges the expenditure to be 1dcurred for this purpose w111 be of a recurring nature and w111 be a fraction of the tax collected by state governments and the lj:ternat1onal airports authority of india the exact expenditure ebddot be estimated at this stage as that w111 depend upon the extent to which the machidery of state governments and of the international airports authority of india w111 be used for the collection of the tax and the tax collected by them but it is not likely to exceed rs25 lakhs per year the provisions of the said chapter v do not involve ~ expenditure of a donrecurring nature the provisions of the remaining chapters of the bill do dot involve ad¥ expenditure whether of a recurring or of a non-recurring nature memorandum regarding delegated legislationsub-clause (a)(ii ) of clause 3 of the bill seeks to insert a new clause (iii) in the explanation to sub-clause (vila) of clause (6) of sectiun 10 of the income-tax act under the said sub-clause (vea), a foreign technician as defined in the explanation thereto employed by the government, a local authority, a statutory corporation or any busble •• in india is entitled to exemption from income-tax in respect of his salary subject to certain conditions at present the explanation covers only persons having special knowledge and experience in the fields of constructiooal or manufacturing operatioos or in mining or in the generation of electricity or in any other form of power or agriculture animal husbandry t dairy farming, deep sea fishing or ship-build1ng the expl8lultiod is proposed to be amended to empower the central government to cover by notification in the ot official gazette, technicians in other fields also the guidelines which have to be taken into account by the central government in notifying any other field (viz, the availaoility of indian technicians in such fields and other relevant circumstances) have been spelt out clause 5 of the bill seeks to amend section 35cca ofthe income-tax act relating to deduction to an assessee engaged in a business or profession for carrying out rural development programmes to associations and institutions approved by the authority prescribed the rewlder the section is being amended to provide for a like deductioo in respect of expenditure by way of payment to an association or in8titution which has as its objects the training of persons for implementillg any programme of rural development as a consequenoe, the power of the prescribed authority under the aeotton would be enlarged to cover the according of approval for the parpoaes of this l8ction with respect to associations or 1nstitutioll8 for traininl of persods for programmes of rural development it may also be mentioned in thi8 conneotloo that dooations to 88sociatioos or institutians approved for the purposes of section 35cca would, where such dooations are made by persons not engaged in busines8 or profes8ioo, qualify for deduction under new section 80gga as proposed to be inserted in the income-tax act by cla~e 11 olthe bill clause 6(b) seeks to insert a new clause (vita) in sub-section (1) of section 36 of the income -tax act to provide that in respect of any provisioo for bad and doubtful debts made by a scheduled commercial bank in relation to advances made by its rural branches, an amount not exceeding ii per cent of the aggregate average advance made by such branch as computed in the prescribed manner will be allowed as a deduction thus the details as to the manner of computation of the aggregate average advances made by such rural branches are left to be presoribed by rules clause 15 seeks to insert a new section 80qqa in the income-tax act to provide for deduction in respect of professional income of authors of university text books dictionaries,etc, in any language specified in the eighth schedule to the coostitution or in any such other language as the central government may by notifloatioo in the official gazette t specify for the purposes of this sectioll the guidelines which have to be taken into account by the central government in specifying any such other language have been spelt out in the provision clauses 35, 36 and 40 forming part of chapter v relating to foreign travel tax also involve delegation of legislative power clause 35 provides for the rate at which foreign travel tax may be levied and according to this clause, the rate is one hundred rupees for each idternattodal journey to any place outside india other tha a place in a neigbbourinc ooudtry, while the rate t fifty rupees in the cue of such a journey to ady place 1d a netgbbourlng country tbe explall!ttod to sub-clause (1) of this clause empowers the central government to specify by notificatiod in the official gazette, the countries whioh may be deemed to be neighbouring countries for the purposes of this sub-clauae the emj •• ttog provides that the celltral government shall, in speoifying any country as a neighbouring country have regard to the cluse8 of per80lls who oerally perform journeys to such country the dlataaoe between india add such country, the means of oommun1oati0ll8 available for reaching suoh oountry and other relevant circumstances clause 36 empowers the central goyernment to exempt by notiflcatiod in the offioial gazette wholly or to such extent as may be specified in the netif1oatiod, any c1us or oluses of passengers or any category or catecories of passengers under any such olus frem the payment of foreign travel to the guidelines which have to be taken into aooount for granting exemptlods have been spelt out in the claule clause 40 empowers the central government to make rules to carry out the purpoees of the laid chapter relaiing to foreign travel tax the matters in respect of whioh iuch rules may be made include oollection of foreign travel tax, the charges for oollection payable to any state government or the international airports authority of india, the speclficatiod of authorities oompetent to dtllcharge functions under' the chapter tbe adjudgement of penalties, manner of payment and collection of tax penalties or ether sums due under the chapter, procedure for claiming refund of ady amount of any tax under the chapter, powers of officers to enter upon add inspect and search any ship or lidy aircraft,etc, the procedure for adjudicatioo of penalties and appeals against orders made under the chapter, the matters in respect of which powers have been delegated under the provisions mentioned in the preoedlnc paracrajils pertain to matters of administrative detau or procedure furtber, in cues where the exercise of any such power involves a discretion, the guidelines which have to be taken into account have been spelt out the delegation of legislative power is, therefore of a normal character billto give effect to the financial proposals of the central government for the financial year 1979-80 (shri char sinwt deputy prime minister ana minister of finance)

Parliament_bills

7603ea68-d224-59e8-a801-56f3e219e1f1

bill no ii of 2008 the dwellers of slums and jhuggi clusters (welfare and basic amenities) bill, 2008 a billto provide for the welfare measures to be undertaken by the state and for the basic amenities like sanitation, potable water, electricity, healthcare, toilets and garbage management etc to the poverty stricken dwellers of slums and jhuggi clusters to be provided by the appropriate government and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—basic amenities) act, 2008short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "jhuggi clusters" means an area consisting of jhuggies which are generally built with mud, metal or wood having thatched roof or tin shed or polythene covering roof thereof;(c) "prescribed" means prescribed by rules made under this act; (d) "slum" includes an area consisting of unplanned and badly built, overcrowded houses with unhygienic atmosphere and without civic amenities and such other areas declared as slums by the appropriate government10national policy for slums and jhuggi clusters3 (1) the central govenment shall, as soon as may be, formulate a national policy for betterment, upkeep, removal and rehabilitation for the slums and jhuggi clusters and also for the welfare measures for the poor people who have to live therein particularly in the metropolitan and other cities15(2) without prejudice to the generality of the provisions of sub-section (1) the welfare and betterment measures referred to therein may provide for,—(a) basic civic amenities like potable water supply, electricity for dwelling units and road lights, sewerage, toilets with flush or sulabh types both individual as well as community toilets, drainage, road facility in the streets and surroundings, sanitation, garbage clearance and dumping bins and such other amenities as may be prescribed;20(b) healthcare facilities for the inhabitants; (c) educational facilities for the children; (d) adequate public distribution system facilities; (e) transport facilities; and25(f) such other provisions as the central government may deem necessary for carrying out the purposes of this act (3) the national policy so formulated under this section shall be uniformly implemented throughout the country by the appropriate government304 notwithstanding anything contained in any other law for the time being in force the appropriate government with a view to implementing welfare measures for the dwellers of slums and jhuggi cluster under this act shall,—miscellaneous provisions in respect of slums and jhuggi clusters(a) take humane approach by recognizing the right to use government land in case jhuggis have been built thereon till alternative living arrangements are made by such government for the dwellers;35(b) construct such number of appropriate dwelling units with attached kitchen, bathroom, toilets, etc and allot them to the dwellers with such terms and conditions and in such manner as may be prescribed;40(c) the dwelling units so constructed shall be provided with all civic amenities like potable water, sewerage system, electricity, toilets, drainage, road passage, sanitation, park, healthcare and such other amenities to the residents of such dwelling units;(d) not remove or demolish any slum or jhuggi cluster which is in existence for more than a year without making alternative arrangement of dwelling units for the residents of such slums or jhuggi cluster, as the case may be;45(e) provide necessary healthcare through mobile units and distribute free of costs mosquito nets and repellants and fumigate the clusters from time to time to save the residents from vector borne diseases like malaria, dengue, encephalitis etc(f) render necessary help in cash and kind and advice for the self employment of the dwellers of slums and jhuggi clusters in such manner as may be prescribed;(g) make such other provisions as the appropriate government may deemnecessary or expedient for carrying out the purposes of this act55 the central government shall, after due appropriation made by parliament by lawin this behalf, provide requisite funds from time to time for carrying out the provisions of this actcentral government to provide requisite fundsact to have ovrerriding effect106 the provisions of this act and of 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 regulating any of the matter dealt with in this act15power to remove difficulties and issue directions7 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty and the government of a state shall be guided by such directions and instructions on questions of policy as may be given to it by the central governmentpower to make rules8 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsmillions of people in our vast country particularly in the metropolitans and other urban areas languish in slums and jhuggi clusters in most inhuman conditions without civic amenities like water, sanitation, electricity, toilets, sewerage, healthcare and so on so forth these slums and jhuggi clusters can be seen in all parts of the urban areas and even the national capital is not an exception in this regard unfortunately, the number of slums and jhuggi clusters is increasing manifold because of exodus from rural areas to urban areas in search of employment and livelihood and these poor people have no option but to find shelter in slums or jhuggi clusters or even on pavements under the sky and live in stinking and inhuman conditions inviting and falling victims to various fatal diseases but unfortunately, we do not have national policy on slums and jhuggi clusters which can be implemented uniformally throughout the countryours is a welfare state and it is the duty of the central and state governments to initiate welfare measures for the inhabitants of the slums and jhuggi clusters because they too are the citizens of this great nation and the slums and jhuggi clusters too should be provided the basic civic amenities like potable water, sewerage system, electricity, toilets, dainage, roads and clean streets, sanitation facilities, healthcare facilities, educational facilities, park, etc so that the inhabitants lead a healthy and good life in such areas since the states can not bear the expenditure, the central government should provide requisite funds to improve the situation in the slums and jhuggi clustershence this billa vijayaraghavan financial memorandumclause 4 of the bill provides for various facilities including housing facility to the slum and jhuggi cluster dwellers clause 5 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 expenditure from the consolidated fund of india it is estimated that a sum of rupees fifteen thousand crore may involve as recurring expenditure per annuma sum of rupees ten thousand crore may also involve as non-recurring expenditure memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the welfare measures to be undertaken by the state and for the basic amenitieslike sanitation, potable water, electricity, healthcare, toilets and garbage management etc to the poverty stricken dwellers of slums and jhuggi clusters to be provided by the appropriate government and for matters connected therewith and incidental thereto————(shri a vijayaraghavan, mp)gmgipmrnd—4743rs(s-5)—29-12-2008

Parliament_bills

a2e953d4-aa57-5e20-84be-3880ace7d367

i \ i, blu n 'l6 f 1,1 ,rhe smugglers and foreign exchange manipulators (forfeiture of property) amendment bill, 1879 abill i to amend the smugglers and foreign exchange manipulator, (forfeiture of property) act, 1976 be it enacted by parliament in the thirtieth year of the republic of india as follows:-1 (1) this act may be called the smugglen and foreiid ~ manipulators (forfeiture of property) amendment act, 1979, , short title ~-eommibc!tment (2) it shall come into force on such date as the central government may, by notification in the oftlcial gazette, appoint z in section 12 of the smugglers and foreign exchange manipulaton (forfeiture of property) act, 1978 (hereinafter referred to the principal act),-10 amend· , of iecuaa 12 of act ii ot it7e (a) after 8ub-legtion (6), the following lub-lectionhall be inserted, namely:- is ii (6a, notwithstanding anything contained in aub-lecuon (6), where the chairman considers it necessary 10 to do for the expeditious disposal of appeals under this section, he may constitute a bench of two members and a bench 10 c:onstituted may exercise and discharge the powers and function of the appellate tribunal: -'-provided that if the members of a bench so constituted differ on any point or points, they shall state the point of points on which they difter and refer the same to a third member (to be specified by the chairman) for hearing on such point or points and such point or points shall be decided according to 5 the opinion of that member"; (b) after sub-section (7), the following sub-section shall be inserted, namely:-"(8) on application to the appellate tribunal and on payment of the prescribed fee, the tribunal may allow a party to 10 any appeal or any person authorised in this behalf by such party to inspect at any time during offic~ hours, any relevant records "and registers of the tribunal and obtain a certified copy of any part thereof," 3 in section 26 of the principal act, in sub-section (2);, after clause j sr (0), the following clause shall be inserted, namely:-amendment of section 26 "(00) the fees which shall be paid for the inspection of the records and registers of the appellate tribunal or for obtaining a certified copy of any part thereof under sub-section (8) of section ir'" " h, , " l' i' s~tion (6) of 'sectidil12' 1)f the smugglers and foreiglf' bxtilange 'manipulaten' '(farfeiture- 'fji' ppope~y) act,l9t8 pi'ovtdes,thlitthetjtafr-,man-of tile' appeuate'tribunal ,under tklat section' may constitute beb1ehies col'urh;trtg of three"members_ he'liringappeats ut\der ·th'e 'act;· as only,ai,three-membertribunal' has' beenco'ftlltftotedim4er ttye _tldn in 1the"6ayl1ooday,'working of the trfbunarlft"hb!beeti foundtm1!\lfhen w;'member avaib·himself ofileave'tm' groul'ld ~frtlln_ ete; the" 1'11-b\mal is notable' to functien " it is,therefol'e; pmpbled:' to' aihrd twis section to provide for constitution of benches consisttnr' ot't'wtj'dltiiilbers and to make a suitable provision for resolving dift'erences which may occur on any point or points between such members while displ)sing of an appeal 2 it is also proposed to avail of the present opportunity to implement the assurance given to the lok sabha committee on subordinate legislation [vide tenth report of the committee on subordinate legislation (sixth lok sabha) pages 14 to 15] to the effect that the rule-making provision in the act would be suitably amplified so as to, spell out expressly that the power thereunder to make nlles includes tht' power to provide for fees for the inspection of records and the registers of the appellate tribunal or for ob'taining certified copies of any part thereof 3 the bill seeks to achieve the above objects new delhi; zulfiquarulla the 9th may, 1979 €l 3 af the bill heka to amend 8ub~tion (2) of mcticm 28 of the· smugglers and foreian exchange manipulators (forfeiture of propany) act, 1976 to in8ert a new clause (a8) therein the dew clause ia tor providing that rules may be made under the aectlod with reapect to the which shall be paid for the inspection of the reeords and the reptera of tbe appellate tribunal or for obtaining a cert1fted copy of any part ~reof under lub-eection (8) of aection 12 thia pertains to a matter of detail heace the delegation of legislative power ij of a aqfmal ch~actel' annexure extracts from the smugglers and foreign exchange manipulators (forfeiture of property) acr, 1976(13 oj' 1978) - - - - - 12 (1) - - - - - (6) the powers and functions of the appellate tribunal may be exercised and dischargec by benches consisting of three members and constituted by the chairman of the appellate tribunal constitution of appellate tribunal (7) the appellate tribunal may regulate its own procedure - - - - - 26 (jt) the central government may, by notification in the official gazette, make rules to carry out the provisions of this act power to make rules (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, ·namely:- (a) the terms and conditions of sefvic~, 0} the c9~ and othermen'tbers of the appellate tribunal under sub-section (s) of section 12; ·'1 ' - - - , -a bill c:tt; rj_ci' ~1lsmui81rand foreign exchange maoipulatcq ~for(~itur~ of propertr) act, 19'1~ (shf'i zulfiqu4",ua, minister of stat i~ t~ ~i~tmv f>t nftclme·l

Parliament_bills

6e427d8e-441b-5da9-be1a-b04fd92ba083

bill no xxxviii of 2018 the national anthem (modification) bill, 2018 a billto modify the national anthem ''jana gana mana''be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the national anthem (modification) act, 2018short title, and commencement(2) it shall come into force on such date, as the central government may, by notificationin the official gazette, appoint the schedule[see section 2]jana gana mana adhinayaka jaya hey bharata bhagya vidhata punjab sindh uttarpurv gujarat maratha dravida utkala banga vindhya himachala yamuna ganga uchchala jaladhi taranga tava shubha name jage tava shubha ashisha mage gahe tava jaya gatha jana gana mangala dayaka jaya hey bharata bhagya vidhata jaya hey, jaya hey, jaya hey jaya jaya jaya, jaya hey statement of objects and reasonsthe national anthem of india "jana gana mana" was composed by dr rabindranath tagore and was first sung on december 27, 1911 the anthem naturally reflects the composition of india at that timethe then president of india, dr rajendra prasad, had made a statement in the constituent assembly on 24th january, 1950 that the composition consisting of the words and music known as jana gana mana is the national anthem of india, subject to such alterations in the words as the government may authorise as occasion arisesthe anthem does not mention very important component of india like the northeast, now comprising of the states like assam, meghalaya, manipur, nagaland, tripura, arunachal pradesh, sikkim and mizoram the north-eastern(ne) states are situated at such strategic and sensitive points, that they are at the border of burma, china, bhutan and bangladesh in most of the cases the people of north-eastern states feel alienated from rest of india, as most of the states are still not easily accessible by virtue of being hill states with inhabitants of hill tribes inspite of the mass participation and commendable contribution of the people of these states in the freedom struggle of india therefore, the anthem needs to be modified so that it reflects the true composition of present day india including the northeastern stateshence, this billripun bora rajya sabha———— a billto modify the national anthem ''jana gana mana''————(shri ripun bora, mp)mgipmrnd—823rs(s3)—25 -06-2019

Parliament_bills

f606a04a-acab-513a-93e4-d07e5bb04c3d

bill no 62 of 2009 the securities and exchange board of india (amendment) bill, 2009 a billfurther to amend the securities and exchange board of india act, 1992be it enacted by parliament in the sixtieth year of the republic of india as follows:—short title1 this act may be called the securities and exchange board of india (amendment)act, 2009proviso, for the word ''sixty-two'', the word ''sixty-five'' shall be substituted15 of 1992amendment of section 15n statement of objects and reasonsthe securities appellate tribunal was set up under section 15k of the securities and exchange board of india act, 1992 to adjudicate upon appeals against decisions of the securities and exchange board the presiding officer and members of the tribunal hold office for a term of five years and are eligible for re-appointment the upper age limit for the presiding officer and members is sixty-eight years and sixty-two years respectively2 normally, retiring or retired officers of the level of additional secretary or secretary to the government of india are the applicants for the post of members to the tribunal and they are on the verge of completing or have completed sixty years of age at the time of selection thus with the stipulated sixty-two years of age for tribunal members, a maximum of two years of service is available for such officers in addition, the selection process too is time consuming and as a consequence on an average tribunal member holds office for about twelve to eighteen months only as a result the work of tribunal is suffering it is therefore proposed to increase the upper age limit of the members of tribunal from sixty-two years to sixty-five years by amending section 15n of the act3 the bill seeks to achieve the above objectspranab mukherjeenew delhi;the 21st july, 2009 annexure the securities and exchange board of india act, 1992 (15 of 1992)15n the presiding officer and every other member of a securities appellate tribunal shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment:provided that no person shall hold office as the presiding officer of the securities appellate tribunal after he has attained the age of sixty-eight years:tenure of office of presiding officer and other members of securities appellate tribunalprovided further that no person shall hold office as a member of the securities appellate tribunal after he has attained the age of sixty-two years———— a billfurther to amend the securities and exchange board of india act, 1992————(shri pranab mukherjee, minister of finance)gmgipmrnd—3441ls-(s5)—29072009

Parliament_bills

0742a562-7454-5c47-92a3-95158d4c993c

bill no xxxv of 2009 the booming population control bill, 2009 a billto provide for the promotion of family planning measures by the central and stategovernments to control the booming population of the nation through incentives and disincentives so as to ensure that the population is commensurate with its social, economic and other developments and with the ecological balance and bridge the gap between the haves and have nots and for achieving quality of life and for matters connected therewith and incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the booming population control act, 2009short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force on such date, as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise, requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases the central government;(b) "prescribed" means prescribed by rules made under this act3 notwithstanding anything contained in the constitution of india or any other law for the time being in force, it is hereby declared that the provisions of this act are for the purposes of giving effect to the policies of the state towards securing the principles laid down in article 38 of the constitution of indiagiving effect to the policies of the states as laid in article 38 of the constitution of indiaformulation of comprehensive population policy4 the central government shall, as soon as may be, by notification in the official gazette, formulate a comprehensive population policy particularly for the purposes of having one child norm for the eligible couples and other issues including economic, education, legal medical, social and other incidental aspect to promote small family norms so as to effectively control the booming population of the country in order to achieve rapid economic progress and raise the standard of living of the masses5 notwithstanding anything contained in any other law for the time being in force employees, of the central government or of a public sector enterprise under the control of central government who adopt small family norm undergoing sterilization operation himself or of the spouse after the birth of his first child shall be given:—facilities to government employees who adopts small family norm(a) one year additional salary with all allowances along with two additional increments as incentives;(b) a plot or a house site or build up houses the from housing board or development authority of the government at subsidized rates;(c) loan for construction or purchasing the house from nanks or financial institutions on nominal rate of interest;(d) free healthcare facilities; (e) free education facilities to the child with vocational training and professional courses wherever necessary; and(f) such other benefits and incentives as may be prescribed6 the incentives and benefits referred to in section 5 shall be extended mutatis mutandis to the general public in the manner as may be prescribedextension of benefits to general public7 whoever in contravention of small family norm procreates more than two children shall lose the incentives and benefits provided in this act and in addition thereto shall(a) be denied the subsidies in matters of loans extended to him;loss of benefits whoever contravenes small family norm(b) not be eligible to get the benefits of public distribution system; (c) not be given and loan by and bank or financial institution; and (d) not be entitled for such other facilities as may be prescribed8 any woman having two living children shall not be provided with maternity facilities in any government hospital dispensary, health centre or medical center for the birth of her third child:provided that if such woman agrees to undergo sterilization operation after the birth of her third child then she shall be provided with the requisite maternity facilities forthwithno maternity benefits to be given for those having more than two living children miscellaneous provisions9 (1) notwithstanding anything contained in any of the election laws for the time being in force, a citizen shall be disqualified for being chosen as a member of either house of parliament or of the legislature of a state or of any body of the local self government bodies, if he has more than two living children:provided that this provision shall not apply to a citizen who have more than two living children on or before the date of commencement of this act(2) notwithstanding anything contained in any other law for the time being in force, no marriage shall be solemnized between a male who is less than twenty-five years of age and a female who is less than twenty-two years of age(3) every serving government employee and those who will join any government service shall give an undertaking that he shall not procreate more than two children:provided that provision of sub-section (3) shall not apply to those government employees who have more than the prescribed number of living children on or before the date of commencement of this actpenalty10 whoever contravenes,—(a) the provisions of sub-section (2) of section 9 be guilty of shall, committing a cognizable offence and shall be punishable with simple imprisonment for a term which shall not be less than two years but may extend to four years and also with a fine, which may extend to two lakh rupees(b) the provisions of sub-section (3) of section 9, shall forfeit his right to promotion and shall not be eligible for any further increment till he is in government service 11 the appropriate government shall,—duties of the appropriate government(a) implement the revised national population policy to achieve the goals enumerated therein;(b) set up maternity hospitals and centers in sufficient numbers at conspicuous places;(c) distribute contraceptive pills, condoms through healthcare centres and non-governmental organizations;(d) organize sterilization camps from time to time; (e) distribute iron and vitamin capsules and tablets extensively amongst the expecting mothers(f) give wide publicity to the benefits of having small families; and (g) undertake such other measures as it may deem fit and expedient for the purposes of this act 12 the central government shall, after due appropriation made by law by parliament in this behalf, provide requisite funds for carrying out the purposes of this act from time to timecentral government to provide funds power to remove difficulty13 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act as may appears to it to be necessary or expedient for the removal of the difficultyoverriding effect14 the provisions of this act and of any rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forcesavings15 the provisions of this act shall be in addition to and not, shave as otherwise expressly provided in this act, in derogation of any other law for the time being in force in any part of this countrypower to make rules16 the central government may, by notification in official gazette made rules for carrying out the purposes of this act statement of objects and reasonsours is the second most populous country after china the booming population has already crossed the one billion benchmark and currently, it is around one hundred and twenty-five crores, which is increasing every moment having only 24 per cent of global land area, we have more than sixteen per cent of the global population making it the most densely populated nation of the world this scenario is compelling, at least half the population is live in slums and under squalid conditions the boom has created overcrowding due to which law and order situation is deteriorating unemployment is rising rapidly causing frustration amongst the unemployed, particularly the youth who are being lured by antinational and anti-social elements there is unparallel transformation of human values, social institutions and economic structures agriculture land holdings are becoming smaller and smaller agriculture is uneconomical and farmers are committing suicides due to this fact the housing needs are far beyond the available finances and the shortage is appalling educational facilities are becoming hopelessly poor overcrowding is also causing environmental degradation forests are vanishing to meet the demand for fuel, construction, furniture and for funeral purposes which has resulted in water shortage and less rain the increased level of carbon-dioxide in the environment is resulting in harmful diseases the healthcare facilities are far from satisfactory and if this trend continues, we can hardly expect to achieve improved quality of life and the situation will move from bad to worseit is, therefore, imperative that effective steps must be taken to check the booming population and this should be tackled at all levels a clear message must go across the nation that since our resources are limited, we have to opt for small families it is very unfortunate that despite availability of various birth control measures and several family planning programmes, the population continues to rise menacingly an attempt has been made through this bill to offer a comprehensive package for the control of booming populationhence this billgireesh kumar sanghi financial memorandumclauses 5 and 6 of the bill provides for various incentives for adopting small familiesclause 12 makes it obligatory for the central government to provide requisite funds for carrying out the purposes of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees ten thousand crore may involve as recurring expenditure per annumnon-recurring expenditure to the tune of rupees one thousand crore may also involve memorandum regarding delegated legislationclause 16 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details only the delegation of legislative power is of normal character———— abillto provide for the promotion of family planning measures by the central and stategovernments to control the booming population of the nation through incentives and disincentives so as to ensure that the population is commensurate with its social, economic and other developments and with the ecological balance and bridge the gap between the haves and have nots and for achieving quality of life and for matters connected therewith and incidental thereto————(shri gireesh kumar sanghi, mp)gmgipmrnd—2316rs(s5)—03052010

Parliament_bills

e67b21d9-5150-58f3-b744-eef2b23bc98d

the appropriation (no6) bill, 1989 it billte authoribe puyment and apprqp1'iation of certain further sum from and out of the consolidated fund ot indi4 for the ~ennces &j the financial year 1989-90 bii: it enacted by parliament in the foriiethyear of the republic of india as follows:-1 'this act may be called the appropriation (no6) act 1989 short, title 2 from and out of the consolidated fund of india there may be paid ~and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of gne thousand seven hundred and thirty crores and thirty-six lakh rupees towards defraying the several charges which will come in course of payment during the financial year 1989-90, in respect of the services specified in column 2 of the 10 schedule i86ueof' &1730, 38,00,0001 outol the consolidated: fund'of" india torthe year"' '1989-90' appropriation 3 the sums authorised to be paid and applied from and out of the consolidated fund of india by this act shall be appropriated for the services and purposes expreased in the scheclule in relation to the said year 2 3 no of vote total 5 sums not excecdinl services and purpoiel ----voted by charae<i on parliament the consolidated fund its rs its 400,00,00,000 5 department of fertilizers revenue 400,00,00,000 revenue 200,00,00,000 8 department ef commerce i,oo,oeo 12 , telecommunication senricea capital ! 200,00,00,000 10 i 1,00,000 25,00,000 i 385,00,00,000 revenue i 384,75,00,000 'l~ ,~, net ~~liarmy , ';;"'i~;;:";:';';;;: navy ,,:' ~v~, '1' ls,oo,oq~·i· \1500,00,000 50,00,00,000 17 ' defence services-air force revenue ! 50,0000,000 i , 50,00,00,000 15 18 defence ordnance factories '~oo,oo,ooo 30 transfers to state govern-! ~~,:,' • ' -,:1: revenue j sqoo,oo,ooo i , ' 1 i capiw' ',600,oopo,ooe :3,00,000 'r~nue ' ! ,i 3,00,000 30,10,00,000 78 i ministry of water resources revenue slf' a1othti!l!mr_ ' , "re¥enu6 capital i 30,10,00,000 ii i 2oo,orjd' 2,0000020 _____ ·_· ____ 1' ____ 20_po __ '~ ___ i _____ ~_'_oo_,~ooe ___ , fu8,ii5,ro,ooo 6tftj,$oliopoo, 113g;3ti,oo,&io yt" ;'j,' " '5 'j, : t , "i statement of objects and reasonsthis biu is introduced in pursuance of article 114 (1) of the constitu--tion of india, read with article 115 thereof, to provide for the appropriatiob out of the consolidated fund of india of the moneys required to meet the supplementary expenditure <:~ged 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 1989-90 madhu dandavate president's reco~j;>~tiqn under article 117 of the , c?onstl'l'tri10~ of [ndia [copy of letter no f 4(97)-b(sd)/89, dated the 20th december, 1989 from shri madhu dandavate, minister of finance to the secretary-general, lok sabha] the president, having been informed of the subject matter of the proposed bill to authorise appropriation of certain further sums from and out of the consolidated fund of india for the services of the fin8'llcial year ending on the 31st day of march, 1990, recommends the introduction of the appropriation (no6) bill, 1989 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 - billto authorise payment and appropriation of eertaid further iud'ls from and":" out of the consolidated f\mci of india for the services of the ftdaneial year 198840

Parliament_bills

6519e64a-a7d5-58ca-83db-143e4f4cc457

bill no xii of 2002 industrial disputes (amendment) bill, 2002 a billfurther to amend the industrial disputes act, 1947be it enacted by parliament in the fifty-third year of the republic of india as follows:—1 (1) this act may be called the industrial disputes (amendment) act, 2002short title, and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in section 2 of the industrial disputes act, 1947:—amendment of section 214 of 1947(1) for clause (a) the following clause shall be substituted, namely:—10'(a) "appropriate government" means, the government of the state or union territory, as the case may be, in relation to all the industrial disputes concerning any industry or its unit in whose territorial jurisdiction that industry or its unit is situated;'(2) in sub-clause (iv) of clause (s), the words "draws wages exceeding one thousand six hundred rupees per mensem or" shall be omitted statement of objects and reasonsit has been provided in the industrial disputes act, 1947 that in case of industries concerning the central government, the appropriate government shall be the central government and in case of all other industries, the government of the state shall be the appropriate government especially after the judgement in airport authority case, bombay, the labour department has issued a circular that the administrative department should be treated as appropriate government unless until the act is amended the central government is to be considered as appropriate government for the purpose of all the industrial disputes it is totally impracticable the central government does not have the infrastructure to solve all the matters it results in unnecessary delay in resolving the industrial disputes of the workmen justice delayed means justice denied the state government have all the infrastructure such as labour commissioners etc in their respective territories hence it will be in the fitness of things if the state governments may be treated as appropriate government in the case of all the industrial disputessimilarly, sub-clause (iv) of clause (s) of section 2 of the act provides that the persons getting wages exceeding one thousand six hundred rupees per mensem do not come in the periphery of the act in today's world of high prices and salaries, imposing a ceiling on the wages for denying the benefits of the act in resolving the disputes with their employer is totally unjust all the workers should be entitled to get the benefit of industrial disputes act irrespective of their wagesthe bill proposing amendment in the section 2 of the act seeks to achieve the aforesaid objectivesrama chandra khuntia extracts from the industrial disputes act, 1947 (act no 14 of 1947)12 definitions—in this act, unless there is anything repugnant in the subject of context—(a) "appropriate government" means—(i) in relation to any industrial dispute concerning4 any industry carried on by or under the authority of the central government, 5 or by a railway company6[or concerning any such controlled industry as may be specified in this behalf by the central government]7 or in relation to an industrial dispute concerning 8[9[10[11[a dock labour board established under section 5a of the dock workers (regulation of employment) act, 1948 (9 of 1948), or 1[the industrial finance corporation of india limited formed and registered under the companies act, 1956 (1of 1956)] or the employees' state insurance corporation established under section 3 of the employees' state insurance act, 1948 (34 of 1948), or the board of trustees constituted under secton 3a of the coal mines provident fund and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the state boards of trustees constituted under section 5a and section 5b, respectively, of the employees' provident fund and miscellaneous provisions act, 1952 (19 of 1952), 2[] or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956), or 1[the oil and natural gas corporation limited registered under the companies act, 1956 (1 of 1956)] or the deposit insurance and credit guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation established under section 3 of the warehousing corporations act, 1962 (58 of 1962), or the unit trust of india established under section 3 of the unit trust of india act, 1963 (52 of 1963), or the food corporation of india established under section 3, or a board of management established for two or more continuous states under section 16, of the food corporations act, 1964 (37 of 1964), or 1[the airports authority of india constituted under section 3 of the airports authority of india act, 1994 (55 of 1994), or a regional rural bank established under section 3 of the regional rural banks act, 1976 (21 of 1976), or the export credit and guarantee corporation limited or the industrial reconstruction bank of india limited], 3[the national housing bank establihsed under section 3 of the national housing bank act, 1987 (53 of 1987)], or 4[1[an air transport service, or a banking or an insurance company], a mine, an oil-field,] 5[cantonment board,] or a major port, the central government, and]](ii) in relation to any other industrial dispute, the state government; 4[(s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or superovisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person—(i) who is subject to the air force act, 1950 (45 of 1950), or the army act,1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of a prison; or(iii) who is employed mainly in a managerial or administrative capacity; or(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature] rajya sabha a billfurther to amend the industrial disputes act, 1947(shri ramachandra khuntia, mp)

Parliament_bills

5a83e9ec-6ed6-51bf-a4eb-522ba03ee70b

bill no 310 of 2015 the special drinking water and irrigation development fund (for dark zone areas) bill, 2015 by shri devji m patel, mp a billto provide for the constitution of a special drinking water and irrigation developmentfund for supply of drinking water and developing irrigation facilities in the darkzone areas and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the special drinking water and irrigation development fund (for dark zone areas) act, 2015short title and commencement(2) it shall come into force on such date, as the central government may, by notification in the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(a) 'dark zone area' means any district, town, village or tehsil where the groundwater is lower than the average level and has been declared as the dark zone area by the state government concerned or the central government, as the case may be;(b) 'fund' means the special drinking water and irrigation development fund constituted under section 3; and(c) 'prescribed' means prescribed by rules made under this act53 (1) the central government shall constitute a fund to be known as the special drinking water and irrigation development fund for the supply of drinking water and development of irrigation facilities in dark zone areasspecial drinking water and irrigation development fund(2) the central government shall, from time to time, after due appropriation made by parliament by law in this behalf, contribute such sums of money, fund as may be necessary, to carry out the purposes of this act104 (1) a state government or union territory administration, as the case may be, shall forward to the central government the details of the required infrastructure and the estimated cost for supply of drinking water and the development of irrigation projects in the dark zone areas falling in their respective territories, in such form and manner, as may be prescribed15(2) the central government on receipt of such details, shall release funds to the state government or the union territory administration, as the case may be, for the development of drinking water and irrigation facilities in the dark zone areas in such manner as may be prescribed20(3) the funds provided under sub-section (2) shall be used for the following purposes in dark zone areas:—(i) expeditious completion of ongoing drinking water and irrigation projects;state government/ union territory administration to send details of the infrastructure and cost required for the development of drinking water and irrigation facility in dark zone areas(ii) construction of small ponds for the use of farmers and others; (iii) digging wells and bore wells; (iv) installing electric pumps for drinking water and irrigation facilities;25(v) promoting use of simple and cost-effective techniques and institutional devices as may be prepared or put in place on the basis of local technical skill and materials available for the conservation of water;(vi) renovation of old ponds, wells and water reservoirs; (vii) afforestation along the banks of ponds, canals and water reservoirs;30(viii) development of horticulture; (ix) rainwater harvesting in schools, government buildings and private buildings;(x) conservation of natural drainage;(xi) development of meadows at the panchayat and village level;35(xii) construction of canals and check dams; and (xiii) development of barren and desert land40(4) in case any state government or the union territory administration fails to utilise the funds for the purposes it was released or fails to forward the details under subsection (1), the central government shall withhold release of funds to such state government or the union territory administration, as the case may bepowers to make rules5 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if,45before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule5 statement of objects and reasonsmore than one third area of the country is riddled with geological water crisis in certain parts of india, particularly in north-west india, the groundwater level is declining by four centimeter every year these states include several areas of rajasthan, delhi, haryana, punjab and western uttar pradesh out of total 5,723 blocks in the country as many as 839 blocks have been pushed to the dark zone due to exploitation of groundwater the condition of 226 blocks is critical whereas 550 blocks is semi-critical the states of punjab, haryana, rajasthan, andhra pradesh and tamil nadu are facing severe water crisis even the states of uttar pradesh, uttarakhand, west bengal, gujarat and kerala are not exception to this to look at it state-wise, in tamil nadu out of 385 blocks, 33 are in critical zone while 57 blocks are in semi-critical zone in the state of andhra pradesh, out of 219 blocks, as many as 77 and 175 are in critical and semi-critical zones, respectively in the state of haryana, out of 113 blocks, 11 blocks are critical while 5 blocks are semi-critical the state of punjab is the worst hit where critical zone accounts for 5 blocks and semicritical zone comprises 4 blocks out of 137 blocks in the state of rajasthan, water is not worth harnessing out of 236 blocks, as 164 blocks have been pushed to the excessive harnessing zone and 34 blocks have reached the critical stage in the year 1984, the level of groundwater in 203 blocks was not alarming but in the year 2015, the number of secured blocks have come down to 30the increase in the spread of dark zone areas is largely attributed to excessive harnessing of groundwater it is expedient and necessary to tap maximum amount of rainwater to tackle such horrific situationthe water table is continuously declining and is reaching the alarming scale in dark zone area the state governments are facing funds crunch to do the needful or even make proper arrangements for drinking water in these areastherefore, there is a need to constitute a fund for rainwater harvesting, development of irrigation facility and providing safe drinking water to persons residing in the dark zone areashence this billnew delhi;devji m patelnovember 16, 2015 financial memorandumclause 3 of the bill provides for the constitution of special drinking water and irrigation fund for providing requisite funds for making available potable water and water for irrigation purposes in the dark zone areas clause 4 provides for the release of funds to the state governments for making available drinking water and developing of irrigation projects in the dark zone areas the bill, therefore, if enacted, will involve recurring annual expenditure of five thousand crore rupees from the consolidated fund of indiaa non-recurring expenditure of about one thousand crore rupees is also likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules for carrying out the purposes of the bill as rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the constitution of a special drinking water and irrigation developmentfund for supply of drinking water and developing irrigation facilities in the darkzone areas and for matters connected therewith————(shri devji m patel, mp)gmgipmrnd—3215ls(s3)—08-12-2015

Parliament_bills

6fd4ae3f-9e4a-50cb-a829-53d055e9f5cf

bill no 55 of 2009 the constitution (amendment) bill, 2009 byshri l rajagopal, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixtieth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2009 2 after article 21a of the constitution, the following article shall be inserted,—insertion of new article 21b right to shelter parliament may, by law, determine statement of objects and reasonseven after six decades of independence, crores of citizens are still homeless they have to suffer the elements in all its fury—be it winter, summer or rainy season the problem of homelessness is increasing day-by-day both in rural and urban areas population explosion and other social and economic factors are the major reasons for housing shortage in the country due to acute shortage of houses in the country, lakhs of poor people are forced to live on the pavements, footpaths, bus shelters, under flyovers and bridges, as they cannot afford houses of their own crores of people are living in jhuggi and jhopris, kutcha and semi-pucca houses which lack basic facilities like sanitation, electricity, clean water, etc shelter is one of the basic human needs it is necessary that the government should come forward to ensure adequate housing for homeless citizens not only because it is their right, but, because it is an investment that would guarantee a healthy and satisfied citizensthe supreme court has recognized the right to housing by bringing it within the ambit of right to life at the same time, housing right has been recognized and reaffirmed in all international and regional covenants, which have been ratified by our country hence, the central and the state governments are under legal obligation to provide adequate housing to the millions of people who are living in absolute homelessness therefore, it has become more necessary to incorporate right to housing as a fundamental right in the constitutionthe bill seeks to achieve the above objectivenew delhi;l rajagopaljune 29, 2009 financial memorandumclause 2 of the bill provides for incorporation of right to shelter in the fundamental rights of the citizens the bill, if enacted, would involve expenditure from the consolidated fund of india at this stage, it is not possible to give an exact amount of expenditure to be involved however, it is estimated that an annual recurring expenditure of about rupees ten thousand crore is likely to be involveda non-recurring expenditure of about rupees two thousand crore is also likely to be involved annexure extract from the constitution of india right to education21a the state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine lok sabha————— a billfurther to amend the constitution of india—————(shri l rajagopal, mp)gmgipmrnd—2803ls(s5)—13-07-2009

Parliament_bills

9d5b3f66-1d97-5869-80af-a26feb0e88d7

(vit) measures for the development of telecommunication technology and any other maiter relatable to telecommunication industry in general; (viii) efficient management of available spectrum; (0) discharge the followin g functions, namely:— y (i) ensure compliance of terms and conditions of licence; (i) notwithstanding anything contained in the terms and conditions of the licence granted before the commencement of the telecome regulatory authority of india (amendment) act, 2000, fix the terms and conditions of inter-connectivity between the service providers; lo (iti) ensure technical compatibility and effective inter-connection between different service providers; (iv) regulate arrangement amongst service providers of sharing their revenue derived from providing telecommunication services; (v) lay-down: the standards of quality of service to be provided by y¢ the service providers and ensure thé quality of service and conduct the periodical survey of such service provided by the service providers so as to protect interest of the consumers of telecommunication service; (vi) lay-down-and ensure the time period for providing local and long distance circuits of telecommunication between different service ge providers; 7 (vii) maintain register of inter-connect agreements and of all such other matters as may be provided in the regulations; (viii) keep register maintained under clause (vii) open for inspection to any member of public on payment of such fee and compliance of such ag other requirement as may be provided in the regulations; (iz) ensure effective compliance of universal service obligations; (c) levy fees and other charges at such rates and'in respect of such services as may be determined by regulations; (@ perform such other functions including such administrative and financial ky _functions as may be entrusted to it by the central government or as may be necessary to carry out the provisions of this act: provided that the recommendations of the authority specified in clause {a) of this sub-section shall not be binding upon the ceritral government: provided further that the central government shall seek the recommenda- 35 tions of the authority in respect of matters specified in sub-clauses () and (i) of clause (a) of this sub-section in tespect of new licence to be issued to a service provider and the authority shall forward its recommendations within a period of sixty days from the date on which that government sought the tecommendations: wo provided also that the authority may request the central government to furnish such information or documents as may be necessary for the purpose of making recommendations under sub-clauses () and (if) of clause (a) of this subsection and that government shall supply such information within a period of seven days from receipt of such request: : us provided also that the central government may issue a licence to aservice provider if no recommendations are received from the authority within the period specified in the second proviso or within such period as may be mutually agreed upon between the central government and the authority: provided also that if the central government, having considered that recommendation of the authority, comes to a prima facie conclusion that such recommendation cannot be accepted or needs modifications, it shall refer the recommendation back to the authority for its reconsideration, and the authority may, within fifteen days from the date of receipt of such reference, forward to the central government its recommendation after considering the reference made by that government after receipt of further recommendation if any, the central government shall take a final decision"; (b) in sub-section (3), for the words, brackets and figure "under sub-section (z)", the words, brackets and figures "under sub-section (/) or sub-section (2)" shall be substituted ' 49 in section 13 of the principal act, the following proviso shall be inserted, namely:— "provided that no direction under: sub-section (4) of section 12 or under this section shall be issued except on the matters specified in clause (b) of sub-section (j) of section 11" 11 for chapter iv of the principal act, the following chapter shall be substituted, namely:— 'chapter iv appellate tribunal14, the central government shall, by notification, establish an appellate tribunal to be known as the telecom disputes settlement and appellate tribunal to-— (a) adjudicate any dispute— (i) between a licensor and a licensee; (ii) between two or more service providers; as (iii) between a service provider and a group of consumers: provided that nothing in this clause shall apply in respect of matters relating to— (a) the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the monopolies and restrictive trade practices commission established under sub-section (z) of section 5 of the monopolies and restrictive trade practices act, 1969; (b) the complaint of an individual consumer maintainable before a consumer disputes redressal forum or a consumer disputes redressal commission or the national consumer redressal commission established under section 9 of the consumer protection act, 1986; (c) the dispute between telegraph authority and any other person referred to in sub-section (d of section 7b of the indian telegraph act, 1885; yo (b) hear and dispose of appeal against any direction, decision or order of the authority under this act 14a (1) the central government or a state government or a local authority or any person may make an application to the appellate tribunal for adjudication of any dispute referred to in clause (a) of section 14 4s (2) the central government or a state government or a local authority or any person aggrieved by any direction, decision or order made by the authority may prefer an appeal to the appellate tribunal amendment of section 13 substitution of new chapter for chapter iv establishment of appellate tribunal | application | for ||----------------|--------|| settlement | of || disputes | and || appeals | to || appellate | || tribunal | |(3) every appeal under sub-section (2) shall be preferred within a period of thirty days from the date on which a copy of the direction or order or decision made by the authority is received by the central government or the state government or the local authority or the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: - s provided that the appellate tribunal may entertain any appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period _ (4) on receipt of an application under sub-section (/) or an appeal under subsection (2), the appellate tribunal may, after giving the parties to the dispute or the {9 appeal an opportunity of being heard, pass such orders thereon as it thinks fit (5) the appellate tribunal shall send a copy of every order made by it to the parties to the dispute or the appeal and to the authority, as the case may be (6) the application made under sub-section (/) or the appeal preferred under sub-section (2) shall be dealt with by it as expeditiously as possible and endeavour (5 shall be made by it to dispose of the application or appeal finally within ninety days from the date of receipt of application or appeal, as the case may be: provided that where any such application or appeal could not be-disposed of within the said period of ninety days, the appellate tribunal shall record its reasons in writing for not disposing of the application or appeal within the said period eo (7) the appellate tribunal may, for the purpose of examining the legality or propriety or correctness, of any dispute made in any application under sub-section ), of of any direction or order or decision of the authority referred to in the appeal preferred under sub-section (2), on its own motion or otherwise, call for the records relevant to disposing of such application or appeal and make such orders as it thinks fit, 25 14b (/) the appellate tribunal shall consist of a chairperson and not more | composition ||----------------|| appellate || tribunal |than two members to be appointed, by notification, by the central government (2) the selection of chairperson and members of the appellate tribunal shall be made by the central government in consultation with the chief justiceof india, (3) subject to the provisions of this act,— 3e (a) the jurisdiction of the appellate tribunal may be exercised by the benches thereof; (6) a bench may be constituted by the chairperson of the appellate tribunal with one or two members of such tribunal as the chairperson may deem fit; : 35 (c) the benches of the appellate tribunal shall ordinarily sit at new delhi and at such other places as the central government may, in consultation with the chairperson of the appellate tribunal, notify; : (@) the central government shall notify the areas in relation to which each bench of the appellate tribunal may exercise its jurisdiction : uo (4) notwithstanding anything contained in sub-section (2), the chairperson of the appellate tribunal may transfer a member of such tribunal from one bench to another bench , (5) if at any stage of the hearing of any case or matter it appears to the chairperson | or a member of the appellate tribunal that the case or matter is of such a nature that us "it ought to be heard by a bench consisting of two members, the case or matter may be transferred by the chairperson to such bench as the chairperson may deem fit qualifications for appointment 14c a person shail not be qualified for appointment as the chairperson of a member of the appellate tribunal unless he—— of chairperson and members (a) in the case of chairperson, is, or has been, a judge of the supreme court or the chief justice of a high court; s (b) in the case of a member, who has held the post of secretary to the government of india or any equivalent post-in the central government or the state government for a period of not less than two years or a person who is well versed in the field-of technology, telecommunication, industry, commerce or administration 14d the chairperson and every other member of the appellate tribunal shall term of office hold office as such for a term not exceeding three years from the date on which he enters upon his office: provided that no chairperson or other member shall hold office as such after he has attained,— © (a) in the case of chzicperson, the age of seventy years; (b) in the case of any other member, the age of sixty-five years 14b the salary and allowances payable to and the other terms and conditions of service of the chairperson and other members of the appellate tribunal shall be | terms | and ||------------|--------|| conditions | of || service | |such as may be prescribed: ao provided that neither the salary and allowances nor the other terms and conditions of service of the chairperson or a member of the appellate tribunal shail be varied to his disadvantage after appointment : 14f if, for reason other than temporary absence, any vacancy occurs in the vacancies 25 office of the chairperson or a member of the appellate tribunal, the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the appellate tribunal from the stage at which the vacancy is filled 14g (/) the central government may remove from office, the chairperson or removal and resignation any member of the appellate tribunal, who— (a) has been adjudged an insolvent; of (4) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or ; (c) has become physically or mentally incapable of acting as the chairperson or a member, or 3s ' {d) has acquired such financial or other interest as is likely' to affect prejudicially his functionsas the chairperson or a member;or "(e) has so abused his position as to render his continuance in office prejudicial to the public interest (2) notwithstanding anything contained in sub-section (/), the chairperson or a member of the appellate tribunal shail not be removed from his office on theground specified in clause (d) or clause (e) of that sub-section unless the supreme court ona reference being made to it in this behalf by the central government, has, on an enquiry, held by it in accordance with such procedure as it may specify in this behalf, reported that the chairperson or a member ought on such ground or grounds to be removed us (3) the central government may suspend from office, the chairperson or a member of the appellate tribunal in respect of whom a reference has been madeto the supreme court under sub-section (2), until the central government has passed an order on receipt of the report of the supreme court on such reference stal of 14h (1) the central government shall provide the appellate tribunal with ppellate : : tribunal such officers and employees as it may deem fit, : (2) the officers and employees of the appellate tribunal shall discharge their functions under the general superintendence of its chairperson (3) the salaries and allowances and other conditions of service of the officers cy and employees of the appellate tribunal shail be such as may be prescribed distribution of 14-1, where benches are constituted, the chairperson of the appellate tribunal business may, from time to time, by notification, make provisions as to the distribution of the bones business of the appellate tribunal amongst the benches and also provide for the matters jenches, a which may be dealt with by each bench ; : to power of 14j on the application of any of the parties and after notice to the parties, and chairperson to after hearing such of them as he may desire to be heard, or on his own motion without transfer cases such notice, the chairperson of the appellate tribunal may transfer any case pending before one bench, for disposal, to any other bench decision to be 14k if the members of a bench consisting of two members differ in opinion on js by majority any point, they shall state the point or points on which they differ, and make a reference to the chairperson of the appellate tribunal who shall hear the point or points himself and such point or points shall be decided according to the opinion of the majority who have heard the case, including those who first heard it members, etc, 14l the chairperson, members and other officers and employees of the go to be public appellate tribunal shall be deemed to be public servants within the meaning of section servants, 21 of the indian penal code uo 45 of 1860, transfer of 14m all applications, pending for adjudication of disputes before the authority pending cases, immediately before the date of establishment of the appellate tribunal under this act, shall stand transferred on that date to such tribunal: as provided that all disputes being adjudicated under the provisions of chapter iv as it stood immediately before the commencement of the telecom regulatory authority of india (amendment) act, 2000, shall continue to be adjudicated by the authority in accordance with the provisions contained in that chapter, till the establishment of the appellate tribunal under this act: : 30 provided further that all cases referred to in the first proviso shall-be transferred by the authority to the appellate tribunal immediately on its establishment under section 14, transfer of 14n (j) ah appeals pending before the high court immediately before the appeals, - commencement of the telecom regulatory authority of india (amendment) act, 2000, : shall stand transferred to the appellate tribunal on its establishment under section 14 35 (2) where any appeal stands transferred from the high court to the appellate tribunal under sub-section (/),— (a) the high court shall, as soon 'as may be after such transfer, forward the records of such appeal to the appellate tribunal; and (b) the appellate tribunal may, on receipt of such records, proceed to uo _ deal with such appeal, so far as may be from the-stage which was: reached before such transfer or from any earlier stage or de novo as the appellate tribunal may deem fit civil court not 15 no civil court shall have jurisdiction to entertain any suit or procéeding in respect tohave of any matter which the appellate tribunal is empowered by or under this act to determine we junisdiction and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act : | procedure | and ||--------------|--------|| powers | of || appellate | || tribunal | |16, (/) the appellate tribunal shall not be bound by the procedure laid down by the code of civil procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this act, the appellate tribunal shall have powers to regulate its own procedure (2) the appellate tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (6) requiring the discovery and 'production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872, requisitioning any public record or document or a copy of such record or document, from any office; (e) issuing commissions for the examination of witnesses or documents; (f) reviewing its decisions; (g) dismissing an application for default or deciding it, ex parte; (a) setting aside any order of dismissal of any application for default or any order passed by it, ex parte; and ()) any other matter which may be prescribed (3) every proceeding before the appellate tribunal shall be deemed to be judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the indian penal code and the appellate tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 right to legal representation 17 the applicant or appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the appellate tribunal explanation—for the purposes of this section,— (a) "chartered accountant" means a chartered accountant as defined in clause (4) of sub-section (/) of section 2 of the chartered accountants act, 1949 and who has obtained a certificate of practice under sub-section (/) of section 6 of that act; (6) "company secretary" means a company secretary as defined in clause (c) of sub-section (/) of section 2 of the company secretaries act, 1980 and who has obtained a certificate of practice under sub-section (/) of section 6 of that act; (c) "cost accountant" means a cost accountant as defined in clause (b) of sub- section (/) of section 2 of the cost and works accountants act, 1959 and who has obtained a certificate of practice under sub-section (1) of section 6 of that act; (d) "legal practitioner" means an advocate, vakil or an attorney of any high court, and includes a pleader in practice 18 (j) notwithstanding anything contained in the code of civil procedure, 1908 or in any other law, an appeal shall lie against any order, not being an interlocutory appeal to supreme court order, of the appellate tribunal to the supreme court on one or more of the grounds specified in section 100 of that code (2) no appeal shall lie against any decision or order made by the appellate tribunal with the consent of the parties (3) every appeal under this section shall be preferred within a period of ninety days from the date of the decision or order appealed against: provided that the supreme court may entertain the appeal after the expiry of the said period of ninety days, if it is satisified that the appellant was prevented by sufficient cause from preferring the appeal in time > orders passed 19, (1) an order passed by the appellate tribunal under this act shall be executable by the appellate tribunal as a dectee of civil court, and for this purpose, the appellate tribunal shall have all the powers of a civil court, by appellate tribunal to be executable as a decree, (2) notwithstanding anything contained in sub-section (1), the appellate tribunal may transmit any order made by it to a civil court having local jurisdiction and such \o civil court shall execute the order as if it were a decree made by that court 20 if any person wilfully fails to comply with the order of the appellate tribunal, he shail be punishable with fine which may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two penalty for wilful failure to comply with orders of appellate tribunal lakh rupees for every day during which such default continues' 12 in section 23 of the principal act, after sub-section (2), the following explanation amendment of section 23 shail be inserted, namely:— "explanation—-for the removal of doubts, it is hereby declared that the decisions of the authority taken in the discharge of its functions under clause (b) of sub-section ae (1) and sub-section (2) of section 11 and section 13, being matters appealable to the appellate tribunal, shall not be subject to audit under this section" 13 in section 35 of the principal act, in sub-section (2),—~ amendment of section 35 (a) after clause (a), the following clause shall be inserted, namely:— "(aa) the allowances payable to the part-time members under sub-section 3 5 (6a) of section 5;"; (b) after clause (c), the following clause shall be inserted, namely: "(ca) the salary and allowances and other conditions of service of officers and other employees of the authority under sub-section (2) of section 10;"; (c) after clause (d), the following clauses shall be inserted, namely:— 3e "(da) the form, the manner of its verification and the fee under sub-sectiorr (3) of section 14a; (db) the salary and allowances payable to and other terms and conditions of service of the chairperson and other members of the appellate tribunal under section 14e; 3 (dc) the salary and allowances and other conditions of service of the officers and employees of the appellate tribunal under sub-section (3) of section 14h; (dd) any other 'power of a civil court required to be prescribed under , clause (i) of sub-section (2) of section 16;" 14 in section 36 of the principal act, in sub-section (2),— vo amendment of section 36, (a) clause (c) shall be omitted; ( b)in clause (d), for the words, brackets and letter "under clause (1)", the words, brackets and letters, "under sub-clause (vii) of clause (b)" shall be substituted; (c)in clause (e), for the words, brackets and letter "under clause(m)", the words, brackets and letters "under sub-clause (viii) of clause (b)" shall be substituted; us (a) in clause (f), for the words, brackets and letter "under clause (p)", the words and letter "under clause (c)" shall be substituted repeat and saving 15 (1) the telecom regulatory authority of india (amendment) ordinance, 2000 is 2 of 2000 oe hereby repealed s (2) notwithstanding such repeal, anything done or any action taker under the principal act, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal act, as amended by this act the telecom regulatory authority of india was established under the telecom regulatory authority of india act, 1997 (24 of 1997) to regulate the telecommunication services and for matters connected therewith during the course of the functioning of the said authority, certain tssues had come up which were hindering the growth of telecom séctor, the president while addressing the joint session of parliament on 25th october, 1999 had stated that the telecom regulatory authority of india will be strengthened to increase investor' confidence and create a level playing field between public and private operators by making suitable amendments in the telecom regulatory authority of india act, 1997 in pursuance thereof, the central government constituted a group on telecom and it convergence under the chairmanship of the finance minister on 13121999, one of the terms of references of the group was to consider and make recommendations to the central government with reference to strengthening the authority through suitable amendments in the telecom regulatory authority of india act, 1997 the group submitted its recommendations to the central government and the recommendations have been accepted by the central government 2, as parliament was not in session and in view of the urgency to remove the impediments in the growth of this infrastructure sector, the president was pleased to promulgate the telecom regulatory authority of india (amendment) ordinance, 2000 on the 24th day of january, 2000 3 the salient features of the amendments effected by the said ordinance are as follows:— (i) a clear distinction has been made between the recommendatory/advisory and the regulatory functions of the authority as envisaged under sub-section (1) of section 11 of the act; (ii) seeking of recommendations of the authority in respect of matters specified in sub-clauses (i) and (ii) of section 11(1) (a) of the act has been made mandatory for the central government; (iti) the functions of the authority, inter alia, now inchide:— (a) to fix the terms and conditions of interconnectivity between service providers; (b) to lay down the standards of quality of service to be provided by the service providers and ensure quality of service; (©) tomake recommendations on efficient management of available spectrum; - (iv) the composition of the authority has also been changed the authority will now consist of a chairperson and not more than two whole-time members and not more than two part time members to be appointed by the central government the chairperson and other members of the authority shall be appointed from amongst persons having special knowledge of, and professional experience in, telecommunication, industry, finance, accountancy, law, management or consumer affairs; (v) tariff setting function of the authority has been brought under the purview of sub-section (3) of section 11; (vi) further, the decisions of the authority taken in discharge of its functions under sections 11(1}(b), 11(2) and 13 which are appealable to the appellate tribunal shall not be subject to audit by the comptroller and auditor general of india; (vii) new provisions have been made for establishment of a tribunal known as the telecom disputes settlement and appellate tribunal for adjudicating disputes between a licensor and a licencee, between two or more service providers, between a service provider and a group of consumers, and also to hear and dispose of any appeals from the direction, decision or order of the authority, 4 the bill seeks to replace the said ordinance new delhi, ramvilas paswan ¢ the 18th february, 2000 clause !1 of the bill proposes to provide for establishment of an independent statutory appellate body, namely, the telecom disputes settlement and appellate tribunal, the recurring expenditure towards the pay and allowances of the chairperson and members of the appellate tribunal and the officers and other employees of the appellate tribunal is estimated approximately at rs 395 crores per annum non-recurring expenditure on-items such as furniture, office equipments, vehicles, etc, of the appellate tribunal is estimated approximately at rs 39 lakhs the bill if enacted will not incur any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 13 of the bill seeks to amend section 35 of the principal act which empowers the central government to make rules by notification to carry out the provisions of the act the matters in respect of which such rules may be made are specified therein these matters relate, inter alia, to the allowances payable to the part-lime members of the authority; the salary and allowances and other conditions of service of officers and other employees of the authority; the form, the manner of its verification and the fee: prefer an appeal against the order of the authority before the appellate tribunal; the salary and allowances payable to and the other terms and conditions of service of the chairperson and other members of the appellate tribunal; the salary and allowances and the other terms and conditions of service of the officers and employees of the appellate tribunal; and any other power of a civil court required to be prescribed by the appellate tribunal 2, the matters in respect of which rules may be made are matters of administrative detail and procedure and, as such, the delegation of legislative power is of a normal character annexure extracts from the telecom regulatory authority of india act, 1997(24 of 1997) an act to provide for the establishment of the telecom regulatory authority of india to regulate the telecommunication services, and for matters connected therewith or incidental thereto : definitions 2 (1) in this act, unless the context otherwise requires,— (j) "service provider" means the government and includes a licensee; (k) "telecommunication service" means service of any description (including electronic mail, voice mail, data services, audio tex services, video tex services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intellegence of any nature, by wire, radio, visual or other electro-magnetic means but shall not include broadcasting services chapter ii telecom regulatory authority of indiai establishment 3(1) and incorporation (3) the authority shall consist of a chairperson, and not less than two, but not exceeding of authority members, to be appointed by the central government ; : : qualifications 4 (1) the chairperson shall be a person who is or has been a judge of the supreme 4 for appointment court or who is or has been the chief justice of a high court i of chairperson : and other (2) a member shall be a person who has special knowledge of, and professional ie members experience in, telecommunication, industry, finance, accountancy, law, management and : consumer affairs: provided that a person who is or has been in the service of government shall not be : appointed as a member unless such person has held the post of secretary or additional i secretary, or the post of additional secretary and secretary to the government of india or any equivalent post in the central government or the state government for a period of three years term of office, 5 ep) i conditions of i service, etc, of (2) the chairperson shall hold office for a term of five years from the date on which i chairperson h his offi | and other ¢ enters upon his office i members (3) a member shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier x x (5) the salary and allowances payable to and the other terms and conditions of service of the chairperson and other members shall be such as may be prescribed x ed x (7) notwithstanding anything contained in sub-section (2)or sub-section (3), a member may— (a) relinquish his office by giving in writing to the central government notice of not less than three months; or - (6) be removed from his office in accordance with the provisions of section 7 (8) the chairperson or any other member ceasing to hold office as such, shall— x () not accept any commercial employment, for a period of two years from the date he ceases to hold such office 71) : (2) notwithstanding anything contained in sub-section(/), no member shail be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless removal and suspension of "member from office in certain circumstances, the supreme court on a reference being made to it in this behalf by the central government, _ has, on an-enquiry, held by it in accordance with such procedure as prescribed in this behalf, reported that the member ought on such ground or grounds to be removed (3) the central government may suspend from office a member in respect of whom a reference has been made to the supreme court under sub-section (2) until the central government has passed an order on receipt of the report of the supreme court on such 10 (1) —_ officers and other employees of authority (2) the' salary and allowances payable to and the other conditions of service of the officers and other employees of the authority appointed under sub- section (1) shall be such as may be determined by regulations % chapter iii powers and functions of the authority41 (j) notwithstanding anything contained in the indian telegraph act, 1885, the functions of the authority shall be to— functions of authority (a) recommend the need and timing for introduction of new service provider; (5) recommend the terms and conditions of licence to a service provider; (c) ensure technical compatibility and effective inter-connection between different service providers; @ regulate arrangement amongst service providers of sharing their revenue derived from providing telecommunication services; (e) ensure compliance of terms and conditions of licence; (f recommend revocation of licence for non-compliance of terms and conditions of licence; (g) lay down and ensure the time period for providing local and long distance circuits of telecommunication between different service providers; (h) faciliate competition and promote efficiency in the operation of telecommunication services so as to facilitate growth in such services; (i) protect the interest of the consumers of telecommunication service; () monitor the quality-of service and conduct the periodical survey of such provided by the service providers: (k) inspect the equipment used in the network and recommend the type of equipment tobe used by the service providers; (1) maintain register of inter-connect agreements and of all such other matters as may be provided in the regulations; (m) keep register maintained under clause (1) open for inspection to ally member of public on payment of such fee and compliance of such other requirements as may - be provided in the regulations; (n) settle disputes between service providers; ; (o) render advice to the central government in the matters relating to the development of telecommunication technology and any other matter relatable to telecommunication industry in general; (p) levy fees and other charges at such rates and in respect of such services as may be determined by regulations; (q) ensure effective compliance of universal service obligations; ' (r) perform such other functions including such administrative and financial functions as may beentrusted to it by the central government or as may be necessary to carry out the provisions of this act " ey (3) while discharging its functions under sub-section (/), the authority shall-not act against the interest of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality _ 13 the authority may, for the discharge of its functions under sub-section (1) of power of authority to issue directions, section 11, issue such directions from time to time to the service providers, asit may consider necessary, \ chapter iv settlement of disputesauthority to settle disputes 14, (1) ifa dispute arises, in respect of matters referred to in sub-section (2), among service providers or between service providers and a group of consumers, such disputes shall be adjudicated by a bench constituted by the chairperson and such bench shall consist of two members: : provided that if the members of the bench differ on any point or points they shall state the point or points on which they differ and refer the same to a third member for hearing on such point or points and such point or points shall be decided according to the opinion of » that member, (2) the bench constituted under sub-section (7) shall exercise, on and from the appointed day all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court on any matter relating to— (i) technical compatibility and inter-connections between service providers; (i) revenue sharing arrangements between different service providers; (iii) quality of telecommunication services and interest of consumers: provided that nothing in this sub-section shall apply in respect of matters relating to— (a) the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the monopolies and restrictive trade practices commission established under sub-section @) of section 5 of the monopolies and restrictive trade practices act, 1969; (6) the complaint of an individual consumer maintainable before a consumer disputes redressal forum or a consumer disputes redressal commission or the national consumer redressal commission established under section 9 of the consumer protection act, 1986; (c) dispute between telegraph authority and any other person referred to in subsection (/) of section 7b of the indian telegraph act, 1885 : 15 (/) an aggreived person 'may make an application in respect of matters referred to in sub-section (2) of section 14 within such period as may be prescribed filing of application to authority and procedure forpassing order by explanation:—for the purposes of this sub-section, the expression "aggrieved person" means— : it (i) any service provider who has a dispute in respect of matters referred to in clauses (i) and (42) of sub-section (2) of section 14; (ii) where 'any loss or damage is caused toa group of consumers, any member representing such group of consumers (2) on receipt of an application made under sub-séction (j), the authority may, after giving the parties an opportunity of being heard, pass such orders as it thinks fit preferably within a period of six months from the date of filing of such application and shall record reasons in writing if final order cannot be passed within the said period (3) while arriving at a decision, the authority shall record in writing the reasons for such decision - (4) every decision of the authority shall be published i in the annual report of the authority : " (5) the orders and directions of the authority shall be binding on the service providers, government and all other persons concerned 16, (/) the authority shall be guided by the principles of natural justice procedure and powers of authority: (2) the authority shall have, for the purpose of discharging their functions under this chapter, the same powers as are vested in a civil court 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; (b) requiring the discovery ahd production of documents; - (c) receiving evidence on-affidavits; " (d) issuing commissions for the examination of witnesses'or documents; (e) reviewing its decisions; (f) dismissing an application for default or deciding it ex parte; (g) setting aside any order of dismissal of any application for default or any order passed by it ex parte; (a) any other matter which may be prescribed (3) every proceeding before the authority shall be deemed to be a judicial proceeding withing the meaning of sections 193 and 228, and for the purpose of section 196 of the indian penal code and the authortiy shall be deemed to be a civil court for all the purposes a5 of 1860 of section 195 and chapter xxvi of the code of criminal procedure, 1973 2 of 1974, 17 the applicant may either appear in person or authorise one or more legal right to legal representation practitioners or any of its officers to present his or its case before the authority appeal to high court 18 any person aggrieved by any decision or order of the authority may file an appeal to the high court within thirty days from the date of communication of the decision or order of the authority to him: provided that the high court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days, | orders | passed ||-------------|------------|| 19 | || every | || order | || made | || by | || the | || authority | || under | || this | || act | || or | || the | || order | || made | || by | || the | || high | || by | authority || high | court || court | || in | || any | || appeal | || against | || any | || order | || of | || the | || authority | || shall, | || on | || a | || certificate | || issued | || by | || any | || ft | || be | executable || officer | || of the | || authority | || or | || the | || registrar | || of | || the | || high | || court, | || as | || the | || case | || may | || be, | || be | || deemed | || to | || : | || as | a || be | || decree | || of | || the | || civil | || court | || and | || shall | || be | || executable | || in | || the | || same | || manner | || as | || a | || decree | || of | || that | || 4 | || court | || | || q | |- 20 if any person wilfully fails to comply with the orders of the authority or any order | | penalty | for ||-----------|------------|--------|| wilful | failure | to || comply | with | || orders | of | || authority | or | || high | court | |of the high court, as the case may be, he shall be punishable with fine which may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two lakh rupees for every day during which the default continues accounts and 23 () audit (2) the accounts of the authority shall be audited by the comptroiler and auditor- general of india at such intervals as may be specified by him and any expenditure incurred in connection with such auditor shall be payable by the authority to the comptroller and auditor-general of india : pe power to make 35 (j) rules (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of thé following matters, namely:— ok power to make 36 (1) _ + 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:— x, (0) the salaries and allowances payable to and the other conditions of service of officers and other employees of the authority under sub-section (2) of section 10: (d) matters in respect of which register is to be maintained by the authority under clause (1) of sub-section (1) of section li; ; (e) levy of fee and lay down such other tequirements on fulfilment of which a copy of register may be obtained under clause (m) of sub-section (7) of section 11; (f) levy of fees and other charges under clause (p) of sub-section (j) of section 11, ue

Parliament_bills

adc94779-0f34-5342-939e-975e9299f44d

the code on wages, 2017—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions 3 prohibition of discrimination on ground of gender 4 determination of disputes with regard to same or similar nature of work chapter ii minimum wages5 payment of minimum rate of wages 6 fixation of minimum wages 7 components of minimum wages 8 procedure for fixing and revising minimum wages 9 power of central government to fix national minimum wage10 wages of employee who works for less than normal working day 11 wages for two or more classes of work12 minimum time rate wages for piece work 13 fixing hours of work for normal working day 14 wages for overtime work chapter iii payment of wages15 mode of payment of wages 16 fixation of wage period 17 time limit for payment of wages 18 deductions which may be made from wages 19 fines 20 deductions for absence from duty 21 deductions for damage or loss 22 deductions for services rendered 23 deductions for recovery of advances 24 deductions for recovery of loans 25 chapter not to apply to government establishmentsclauses chapter iv payment of bonus26 eligibility for bonus, etc 27 proportionate reduction in bonus in certain cases 28 computation of number of working days 29 disqualification for bonus 30 establishment to include departments, undertakings and branches 31 payment of bonus out of allocable surplus 32 computation of gross profits 33 computation of available surplus 34 sums deductible from gross profits 35 calculation of direct tax payable by employer 36 set on and set off of allocable surplus 37 adjustment of customary or interim bonus against bonus payable under this code 38 deduction of certain amounts from bonus payable 39 time limit for payment of bonus 40 application of this chapter to establishments in public sector in certain cases 41 non-applicability of this chapter chapter v advisory board42 central advisory board and state advisory boards chapter vi payment of dues, claims and audit43 responsibility for payment of various dues 44 payment of various undisbursed dues in case of death of employee45 claims under code and procedure thereof 46 reference of disputes under this code 47 presumption about accuracy of balance-sheet and profit and loss account ofcorporations and companies48 audit of accounts of employers, not being corporations or companies 49 appeal 50 records, returns and notices chapter vii facilitator51 appointment of facilitators and their powers chapter viii offences and penalties52 cognizance of offences 53 penalties for offences 54 offences by companies 55 composition of offencesclauses chapter ix miscellaneous56 bar of suits 57 protection of action taken in good faith 58 burden of proof 59 contracting out 60 effect of laws, agreements, etc, inconsistent with this code 61 delegation of powers 62 exemption of employer from liability in certain cases 63 protection against attachement of assets of employer with government 64 power of central government to give directions 65 savings 66 power of appropriate government to make rules 67 power to remove difficulties 68 repeal and savingsthe first schedule the second schedule the third schedule the fourth schedule bill no 163 of 2017 the code on wages, 2017 a billto consolidate and amend the laws relating to wages and bonus and matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the code on wages, 20175(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, appoint; and different dates may be appointed for different provisions of this code and any reference in any such provision to the commencement of this code shall be construed as a reference to the coming into force of that provisiondefinitions2 in this code, unless the context otherwise requires,––(a) "accounting year" means the year commencing on the 1st day of april; (b) "advisory board" means the central advisory board or, as the case may be, the state advisory board, constituted under section 42;5(c) "agricultural income-tax law" means any law for the time being in force relating to the levy of tax on agricultural income;(d) "appropriate government" means,––10 15(i) in relation to, an establishment carried on by or under the authority of the central government or the establishment of railways, mines, oil field, major ports, air transport service, telecommunication, banking and insurance company or a corporation or other authority established by a central act or a central public sector undertaking or subsidiary companies set-up by central public sector undertakings or autonomous bodies owned or controlled by the central government, including establishment of contractors for the purposes of such establishment, corporation or other authority, central public sector undertakings, subsidiary companies or autonomous bodies, as the case may be, the central government;(ii) in relation to any other establishment, the state government;18 of 2013(e) "company" means a company defined in clause (20) of section 2 of the companies act, 2013;20(f) "contractor", in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor;252 of 1912(g) "co-operative society" means a society registered or deemed to be registered under the co-operative societies act, 1912, or any other law for the time being in force in any state relating to co-operative societies;(h) "corporation" means anybody corporate established by or under any central act, or state act but does not include a company or a co-operative society;30(i) "direct tax" means––(i) any tax chargeable under the––(a) income-tax act, 1961;43 of 19617 of 1964(b) companies (profits) surtax act, 1964; (c) agricultural income-tax law; and35(ii) any other tax which, having regard to its nature or incidence, may be declared by the central government, by notification, to be a direct tax for the purposes of this code;52 of 196140(j) "employee" means, any person (other than an apprentice engaged under the apprentices act, 1961), employed on wages by an establishment to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate government, but does not include any member of the armed forces of the union;45(k) "employer" means a person who employs one or more employees in his establishment and where the establishment is carried on by any department of the central government or the state government, the authority specified, by the head of such department, in this behalf or where no authority, is so specified the head of the department and in relation to an establishment carried on by a local authority, the chief executive of that authority, and includes,—63 of 19485(i) in relation to an establishment which is a factory, the occupier of thefactory as defined in clause (n) of section 2 of the factories act, 1948 and, wherea person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the said act, the person so named;10(ii) in relation to any other establishment, the person who, or the authoritywhich, has ultimate control over the affairs of the establishment and where the said affairs is entrusted to a manager or managing director, such manager or managing director; and(iii) contractor;(l) "establishment" means any place where any industry, trade, business,manufacture or occupation is carried on and includes government establishment;15(m) "facilitator" means a person appointed by the appropriate government undersub-section (1) of section 51;(n) "factory" means the factory as defined in clause (m) of section 2 of the factories act, 1948;63 of 194820(o) "government establishment" means any office or department of thegovernment or a local authority;43 of 1961(p) "income-tax act" means the income-tax act, 1961;(q) "industrial dispute" means,—25(i) any dispute or difference between employers and employers, or betweenemployers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person; and(ii) any dispute or difference between an individual worker and an employerconnected with, or arising out of, discharge, dismissal, retrenchment or termination of such worker;30(r) "minimum wage" means the wage fixed under section 6; (s) "notification" means a notification published in the gazette of india or theofficial gazette of a state, as the case may be, and the expression "notify" with its grammatical variations and cognate expressions shall be construed accordingly;(t) "prescribed" means prescribed by rules made by the appropriate government;35(u) "same work or work of a similar nature" means work in respect of which theskill, effort and responsibility required are the same, when performed under similar working conditions by employees and the difference if any, between the skill, effort and responsibility required for employees of any gender, are not of practical importance in relation to the terms and conditions of employment;40(v) "state" includes a union territory;14 of 1947(w) "tribunal" shall have the same meaning assigned to it in clause (r) of section 2of the industrial disputes act, 1947;45(x) "wages" means all remuneration, whether by way of salary, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes,—(i) any remuneration payable under any award or settlement between the parties or order of a court;(ii) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any period of leave;(iii) any additional remuneration payable under the terms of employment, whether called a bonus or by any other name;5(iv) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;(v) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force;10(vi) any house rent allowance, but does not include––15(a) any bonus payable under this code, which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a court or tribunal;(b) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate government;20(c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;(d) any travelling allowance or the value of any travelling concession; (e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or25(f) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (iv):30provided that, for the purposes of chapter iv, "wages" means all remuneration(other than remuneration in respect of overtime work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance, that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living, but does not include,––(i) any other allowance which the employee is for the time being entitled to;35(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles;(iii) any travelling concession; (iv) any bonus including incentive, production and attendance bonus;40(v) any contribution paid or payable by the employer to any pension fundor provident fund or for the benefit of the employee under any law for the time being in force;(vi) any retrenchment compensation or any gratuity or other retirementbenefit payable to the employee or any ex gratia payment made to him;(vii) any commission payable to the employee:45provided further that for calculating the wages under the first proviso for the purposes of payment of bonus, if the payments made by the employer to the employee under clauses (i) to (vii) exceeds one-half of the all remuneration specified under the said proviso, the amount which exceeds such one-half shall be deemed as remuneration and shall be accordingly added in all remuneration under that proviso5explanation––where an employee is given in lieu of the whole or part of thewages payable to him, free food allowance or free food by his employer, such food allowance or the value of such food shall, for the purposes of the first proviso, be deemed to form part of the wages of such employee;52 of 19611045 of 195515(y) "worker" means any person (except an apprentice as defined under clause (aa)of section 2 of the apprentices act, 1961) employed in any industry to do any manual, unskilled, skilled, technical, operational or clerical work for hire or reward, whether the terms of employment be express or implied, and includes working journalists as defined in clause (f) of section 2 of the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 and sales promotion employees as defined in clause (d) of section 2 of the sales promotion employees(conditions of service) act, 1976, but does not include any such person—11 of 1976(i) who is subject to the air force act, 1950, or the army act, 1950, or thenavy act, 1957; or45 of 1950 46 of 1950 62 of 1957(ii) who is employed in the police service or as an officer or other employeeof a prison; or20(iii) who is employed mainly in a supervisory or managerial or administrativecapacity3 (1) there shall be no discrimination among employees on the ground of gender in matters relating to wages by the same employer, in respect of the same work or work of similar nature done by any employeeprohibition of discrimination on ground of gender25(2) no employer shall, for the purpose of complying with the provisions ofsub-section (1), reduce the rate of wages of any employee4 where there is any dispute as to whether a work is of same or similar nature for the purpose of section 3, the dispute shall be decided by such authority as may be notified by the appropriate governmentdetermination of disputes with regard to same or similar nature of work chapter ii30 minimum wages| payment ||--------------|| minimum rate || of wages |355 no employer shall pay to any employee wages less than the minimum rate of wages notified by the appropriate government for the area, establishment or work as may be specified in the notification6 (1) subject to the provisions of section 9, the appropriate government shall fix the minimum rate of wages payable to employeesfixation of minimum wages(2) for the purposes of sub-section (1), the appropriate government shall fix—(a) a minimum rate of wages for time work; or40(b) a minimum rate of wages for piece work; or (c) a minimum rate of wages to apply in the case of employees employed on piecework for the purpose of securing to such employees a minimum rate of wages on a time work basis45(3) the minimum rate of wages on time work basis may be fixed in accordance with any one or more of the following wage periods, namely:––(i) by the hour, or(ii) by the day, or (iii) by the month(4) where the rates of wages are fixed by the hour or by the day or by the month, the manner of calculating the wages shall be such, as may be prescribed(5) the appropriate government may, by notification, fix factors by which the minimum wages so fixed be multiplied for different types of work5(6) for the purpose of fixation of factors referred to in sub-section (5), the appropriate government shall take into account the skill required, the arduousness of the work assigned to the worker, geographical location of the place of work and other factors which the appropriate government considers necessary107 (1) any minimum rate of wages fixed or revised by the appropriate government, in respect of employment, under section 8 may consist of––components of minimum wages(i) a basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in such manner as the appropriate government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as "cost of living allowance"); or15(ii) a basic rate of wages with or without the cost of living allowance, and thecash value of the concessions in respect of supplies of essential commodities at concession rates, where so authorised; or(iii) an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any20(2) the cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at concession rate shall be computed by such authority, as the appropriate government may by notification, appoint, at such intervals and in accordance with such directions as may be specified or given by the appropriate government from time to time258 (1) in fixing minimum rates of wages in respect of any employment for the first time under this code or in revising minimum rates of wages so fixed, the appropriate government shall either—procedure for fixing and revising minimum wages30(a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and recommend in respect of such fixation or revision, as the case may be; or(b) by notification publish its proposals for the information of persons likely to be affected thereby and specify a date not less than two months from the date of the notification on which the proposals shall be taken into consideration35(2) every committee and sub-committee appointed by the appropriate government under clause (a) of sub-section (1) shall consist of persons––(a) representing employers;40(b) representing employees which shall be equal in number of the members specified in clause (a); and(c) independent persons, not exceeding one-third of the total members of the committee or sub-committee, as the case may be45(3) after considering the recommendation of the committee or sub- committee appointed under clause (a) of sub-section (1) or, as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate government shall by notification fix, or as the case may be, revise the minimum rates of wages and unless such notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue:provided that where the appropriate government proposes to revise the minimum rates of wages by the mode specified in clause (b) of sub-section (1), the appropriate government shall also consult concerned advisory board constituted under section 42(4) the appropriate government shall review or revise minimum rates of wages at an interval of five years9 (1) the central government may, by notification, fix the national minimum wage:—provided that different national minimum wage may be fixed for different states or different geographical areas5power of central government to fix national minimum wage(2) the minimum rates of wages fixed by the appropriate government under section 6shall not be less than the national minimum wage and if the minimum rates of wages fixed by the appropriate government earlier is more than the national minimum wage, then, the appropriate government shall not reduce such minimum rates of wages fixed by it earlier10(3) the central government, before fixing the national minimum wage under sub-section (1), may obtain the advice of the central advisory board constituted under sub-section (1) of section 4215wages of employee who works for less than normal working day10 if an employee whose minimum rate of wages has been fixed under this code by the day works on any day on which he was employed for a period of less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done on that day, as if he had worked for a full normal working day:provided that he shall not be entitled to receive wages for a full normal working day,—(i) in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work; and20(ii) in such other cases and circumstances, as may be prescribedwages for two or more classes of work2511 where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class12 where a person is employed on piece work for which minimum time rate and not a minimum piece rate has been fixed under this code, the employer shall pay to such person wages at not less than the minimum time rateminimum time rate wages for piece work3013 (1) where the minimum rates of wages have been fixed under this code, the appropriate government may—fixing hours of work for normal working day(a) fix the number of hours of work which shall constitute a normal working day inclusive of one or more specified intervals;(b) provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest;35(c) provide for payment for work on a day of rest at a rate not less than the overtime rate40(2) the provisions of sub-section (1) shall, in relation to the following classes of employees apply, only to such extent and subject to such conditions as may be prescribed, namely:—(a) employees engaged on urgent work or in any emergency which could not have been foreseen or prevented;45(b) employees engaged in work of the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned;(c) employees whose employment is essentially intermittent;(d) employees engaged in any work which for technical reasons has to be completed before the duty is over; and(e) employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces5(3) for the purposes of clause (c) of sub-section (2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty normally include periods of in action during which the employee may be on duty but is not called upon to display either physical activity or sustained attention10wages for overtimework1514 where an employee whose minimum rate of wages has been fixed under this codeby the hour, by the day or by such a longer wage period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess, at the overtime rate which shall not be less than twice the normal rate of wages chapter iii payment of wages15 all wages shall be paid in current coin or currency notes or by cheque or through digital or electronic mode or by crediting the wages in the bank account of the employee:mode of payment of wages20provided that the appropriate government may, by notification, specify the industrialor other establishment, the employer of which shall pay to every person employed in such industrial or other establishment, the wages only by cheque or through digital or electronic mode or by crediting the wages in his bank accountfixation of wage period2516 the employer shall fix the wage period for employees either as daily or weekly orfortnightly or monthly subject to the condition that no wage period in respect of any employee shall be more than a month:provided that different wage periods may be fixed for different establishments17 (1) the employer shall pay or cause to be paid wages to the employees, engaged on—time limit for payment ofwages30(i) daily basis, at the end of the shift;(ii) weekly basis, on the last working day of the week, that is to say, before theweekly holiday;(iii) fortnightly basis, before the end of the second day after the end of thefortnight;35(iv) monthly basis, before the expiry of the seventh day of the succeedingmonth(2) where an employee has been—(i) removed or dismissed from service; or40(ii) retrenched or has resigned from service, or became unemployed due toclosure of the establishment,the wages payable to him shall be paid within two working days of his removal, dismissal, retrenchment or, as the case may be, his resignation45(3) notwithstanding anything contained in sub-section (1) or sub-section (2), the appropriate government may, provide any other time limit for payment of wages where it considers reasonable having regard to the circumstances under which the wages are to be paid(4) nothing contained in sub-section (1) or sub-section (2) shall affect any time limit for payment of wages provided in any other law for the time being in force18 (1) notwithstanding anything contained in any other law for the time being in force, there shall be no deductions from the wages of the employee, except those as are authorised under this codedeductions which may be made from wages5explanation––for the purposes of this sub-section,—(a) any payment made by an employee to the employer or his agent shall be deemed to be a deduction from his wages;10(b) any loss of wages to an employee, for a good and sufficient cause, resulting from—(i) the withholding of increment or promotion, including the stoppage ofan increment; or(ii) the reduction to a lower post or time-scale; or (iii) the suspension,15shall not be deemed to be a deduction from wages in a case where the provisions made by the employer for such purposes are satisfying the requirements specified in the notification issued by the appropriate government in this behalf(2) deductions from the wages of an employee shall be made in accordance with the provisions of this code, and may be only for the following purposes, namely:—(a) fines imposed on him;20(b) deductions for his absence from duty; (c) deductions for damage to or loss of goods expressly entrusted to the employeefor custody; or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default;25(d) deductions for house-accommodation supplied by the employer or by theappropriate government or any housing board set-up under any law for the time being in force, whether the government or such board is the employer or not, or any other authority engaged in the business of subsidising house-accommodation which may be specified in this behalf by the appropriate government by notification;30(e) deductions for such amenities and services supplied by the employer as theappropriate government or any officer specified by it in this behalf may, by general or special order, authorise and such deduction shall not exceed an amount equivalent to the value of such amenities and services35explanation––for the purposes of this clause, the expression "services" does not include the supply of tools and raw materials required for the purposes of employment;(f) deductions for recovery of—40(i) advances of whatever nature (including advances for travelling allowance or conveyance allowance), and the interest due in respect thereof, or for adjustment of overpayment of wages;(ii) loans made from any fund constituted for the welfare of labour, as may be prescribed by the appropriate government, and the interest due in respect thereof;45(g) deductions for recovery of loans granted for house-building or other purposes approved by the appropriate government and the interest due in respect thereof;(h) deductions of income-tax or any other tax levied by the central governmentor the state government and payable by the employee or deductions required to be made by order of a court or other authority competent to make such order;5(i) deductions for subscription to, and for repayment of advances from anysocial security fund or scheme constituted by law including provident fund or pension fund or health insurance scheme or fund known by any other name;(j) deductions for payment of co-operative society subject to such conditions asthe appropriate government may impose;10(k) deductions made, with the written authorisation of the employee, for paymentof the fees and contribution payable by him for the membership of any trade union registered under the trade unions act, 1926;16 of 1926(l) deductions for recovery of losses sustained by an employer on account ofacceptance by the employee of counterfeit or base coins or mutilated or forged currency notes;15(m) deductions for recovery of losses sustained by an employer on account ofthe failure of the employee to invoice, to bill, to collect or to account for the appropriate charges due to the employer whether in respect of fares, freight, demurrage, wharfage and cranage or in respect of sale of food in catering establishments or in respect of commodities in grain shops or otherwise;20(n) deductions for recovery of losses sustained by an employer on account ofany rebates or refunds incorrectly granted by the employee where such loss is directly attributable to his neglect or default;25(o) deductions, made with the written authorisation of the employee, forcontribution to the prime minister's national relief fund or to such other fund as the central government may, by notification, specify(3) notwithstanding anything contained in this code and subject to the provisions of any other law for the time being in force, the total amount of deductions which may be made under sub-section (2) in any wage period from the wages of an employee shall not exceed fifty per cent of such wages30(4) where the total deductions authorised under sub-section (2) exceed fifty per centof the wages, the excess may be recovered in such manner, as may be prescribedfines3519 (1) no fine shall be imposed on any employee save in respect of such acts andomissions on his part as the employer, with the previous approval of the appropriate government or of such authority as may be prescribed, may have specified by notice under sub-section (2)(2) a notice specifying such acts and omissions shall be exhibited in such manner asmay be prescribed, on the premises in which the employment is carried on40(3) no fine shall be imposed on any employee until such employee has been given anopportunity of showing cause against the fine or otherwise than in accordance with such procedure as may be prescribed for the imposition of fines (4) the total amount of fine which may be imposed in any one wage period on anyemployee shall not exceed an amount equal to three per cent of the wages payable to him in respect of that wage period(5) no fine shall be imposed on any employee who is under the age of fifteen years45(6) no fine imposed on any employee shall be recovered from him by instalments orafter the expiry of ninety days from the day on which it was imposed(7) every fine shall be deemed to have been imposed on the day of the act or omissionin respect of which it was imposed(8) all fines and all realisations thereof shall be recorded in a register to be kept in such manner and form as may be prescribed; and all such realisations shall be applied only to such purposes beneficial to the persons employed in the establishment as are approved by the prescribed authority5deductions for absence from duty20 (1) deductions may be made under clause (b) of sub-section (2) of section 18 onlyon account of the absence of an employee from the place or places where by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work10(2) the amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage period for which the deduction is made in a larger proportion than the period for which he was absent bears to the total period within such wage period during which by the terms of his employment he was required to work:15provided that, subject to any rules made in this behalf by the appropriate government, if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice which is required under the terms of their contracts of employment) and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice20explanation––for the purposes of this section, an employee shall be deemed to be absent from the place where he is required to work if, although present in such place, he refuses, in pursuance of a stay-in strike or for any other cause which is not reasonable in the circumstances, to carry out his workdeductions for damage orloss21 (1) a deduction under clause (c) or clause (n) of sub-section (2) of section 18 for damage or loss shall not exceed the amount of the damage or loss caused to the employer by negligence or default of the employee25(2) a deduction shall not be made under sub-section (1) until the employee has been given an opportunity of showing cause against the deduction or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions(3) all such deductions and all realisations thereof shall be recorded in a register to be kept in such form as may be prescribed30deductions for services rendered3522 a deduction under clause (d) or clause (e) of sub-section (2) of section 18 shall not be made from the wages of an employee, unless the house-accommodation amenity or service has been accepted by him as a term of employment or otherwise and such deduction shall not exceed an amount equivalent to the value of the house-accommodation amenity or service supplied and shall be subject to such conditions as the appropriate government may impose23 deductions under clause (f) of sub-section (2) of section 18 for recovery of advances given to an employee shall be subject to the following conditions, namely:—deductions for recovery of advances40(a) recovery of advance of money given to an employee before the employmentbegan shall be made from the first payment of wages to him in respect of a complete wage period but no recovery shall be made of such advances given for travelling expenses;(b) recovery of advance of money given to an employee after the employmentbegan shall be subject to such conditions as may be prescribed;45(c) recovery of advances of wages to an employee not already earned shall besubject to such conditions as may be prescribeddeductions for recovery of loans24 deductions under clause (g) of sub-section (2) of section 18 for recovery of loans granted to an employee, regulating the extent to which such loans may be granted and the rate of interest payable thereon, shall be such as may be prescribed25 the provisions of this chapter shall not apply to the government establishments unless the appropriate government, by notification, applies such provisions to the government establishments specified in the said notificationchapter not to apply to government establishments chapter iv payment of bonus5eligibility for bonus, etc1026 (1) there shall be paid to every employee, drawing wages not exceeding suchamount per mensem as determined by notification by the appropriate government, by his employer, who has put in at least thirty days work in an accounting year, an annual minimum bonus calculated at the rate of eight and one third per cent of the wages earned by the employee or one hundred rupees, whichever is higher whether or not the employer has any allocable surplus during the previous accounting year15(2) for the purpose of calculation of the bonus where the wages of the employee exceeds such amount per mensem, as determined by notification, by the appropriate government, the bonus payable to such employee under sub-sections (1) and (3) shall be calculated as if his wage were such amount, so determined by the appropriate government or the minimum wage fixed by the appropriate government, whichever is higher20(3) where in respect of any accounting year referred to in sub-section (1), the allocable surplus exceeds the amount of minimum bonus payable to the employees under that subsection, the employer shall, in lieu of such minimum bonus, be bound to pay to every employee in respect of that accounting year, bonus which shall be an amount in proportion to the wages earned by the employee during the accounting year, subject to a maximum of twenty per cent of such wages25(4) in computing the allocable surplus under this section, the amount set on or the amount set off under the provisions of section 36 shall be taken into account in accordance with the provisions of that section30(5) any demand for bonus in excess of the bonus referred to in sub-section (1), either on the basis of production or productivity in an accounting year for which the bonus is payable shall be determined by an agreement or settlement between the employer and the employees, subject to the condition that the total bonus including the annual minimum bonus referred to in sub-section (1) shall not exceed twenty per cent of the wages earned by the employee in the accounting year35(6) in the first five accounting years following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, bonus shall be payable only in respect of the accounting year in which the employer derives profit from such establishment and such bonus shall be calculated in accordance with the provisions of this code in relation to that year, but without applying the provisions of section 3640(7) for the sixth and seventh accounting years following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, the provisions of section 36 shall apply subject to the following modifications, namely:—(i) for the sixth accounting year set on or set off, as the case may be, shall be made in the manner illustrated in the first schedule taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth and sixth accounting years;45(ii) for the seventh accounting year set on or set off, as the case may be, shall be made in the manner illustrated in the first schedule taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth, sixth and seventh accounting years(8) from the eighth accounting year following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, the provisions of section 36 shall apply in relation to such establishment as they apply in relation to any other establishment5explanation 1—for the purpose of sub-section (6), an employer shall not be deemedto have derived profit in any accounting year, unless—(a) he has made provision for depreciation of that year to which he is entitled under the income-tax act or, as the case may be, under the agricultural income tax law; and10(b) the arrears of such depreciation and losses incurred by him in respect of theestablishment for the previous accounting years have been fully set off against his profits15explanation 2—for the purposes of sub-sections (6), (7) and (8), sale of the goods produced or manufactured during the course of the trial running of any factory or of the prospecting stage of any mine or an oil-field shall not be taken into consideration and where any question arises with regard to such production or manufacture, the appropriate government may, after giving the parties a reasonable opportunity of representing the case, decide upon the issue20(9) the provisions of sub-sections (6), (7) and (8) shall, so far as may be, apply to new departments or undertakings or branches set-up by existing establishmentsproportionate reduction in bonus in certain cases27 where an employee has not worked for all the working days in an accounting year, the minimum bonus under sub-section (1) of section 26, if such bonus is higher than eight and one third per cent of the salary or wage of the days such employee has worked in that accounting year, shall be proportionately reduced2528 for the purposes of section 27, an employee shall be deemed to have worked in anestablishment in any accounting year also on the days on which,—computation of number of working days20 of 1946 14 of 1947(a) he has been laid off under an agreement or as permitted by standing ordersunder the industrial employment (standing orders) act, 1946, or under the industrial disputes act, 1947, or under any other law applicable to the establishment;30(b) he has been on leave with salary or wages;(c) he has been absent due to temporary disablement caused by accident arisingout of and in the course of his employment; and(d) the employee has been on maternity leave with salary or wages, during theaccounting year35disqualification for bonus29 notwithstanding anything contained in this code, an employee shall be disqualifiedfrom receiving bonus under this code, if he is dismissed from service for—(a) fraud; or (b) riotous or violent behaviour while on the premises of the establishment; or (c) theft, misappropriation or sabotage of any property of the establishment; or40(d) conviction for sexual harassment30 where an establishment consists of different departments or undertakings or has branches, whether situated in the same place or in different places, all such departments or undertakings or branches shall be treated as parts of the same establishment for the purpose of computation of bonus under this code:establishments to include departments, undertakings and branches45provided that where for any accounting year a separate balance-sheet and profit andloss account are prepared and maintained in respect of any such department or undertaking5or branch, then, such department or undertaking or branch shall be treated as a separate establishment for the purpose of computation of bonus, under this code for that year, unless such department or undertaking or branch was, immediately before the commencement of that accounting year treated as part of the establishment for the purpose of computation of bonuspayment of bonus out of allocable surplus31 (1) the bonus shall be paid out of the allocable surplus which shall be an amountequal to sixty per cent in case of a banking company and sixty-seven per cent in case of other establishment, of the available surplus and the available surplus shall be the amount calculated in accordance with section 3310(2) audited accounts of companies shall not normally be questioned (3) where there is any dispute regarding the quantum of bonus, the authority notified by the appropriate government having jurisdiction may call upon the employer to produce the balance-sheet before it, but the authority shall not disclose any information contained in the balance-sheet unless agreed to by the employer1532 the gross profits derived by an employer from an establishment in respect of theaccounting year shall,—computation of gross profits (a) in the case of a banking company, be calculated in the manner specified in the second schedule;(b) in any other case, be calculated in the manner specified in the third schedule2033 the available surplus in respect of any accounting year shall be the gross profitsfor that year after deducting therefrom the sums referred to in section 34:computation of available surplusprovided that the available surplus in respect of the accounting year commencing on any day in a year after the commencement of this code and in respect of every subsequent accounting year shall be the aggregate of—25(a) the gross profits for that accounting year after deducting therefrom the sumsreferred to in section 34; and(b) an amount equal to the difference between—30(i) the direct tax, calculated in accordance with the provisions of section 35,in respect of an amount equal to the gross profits of the employer for the immediately preceding accounting year; and(ii) the direct tax, calculated in accordance with provisions of section 35, in respect of an amount equal to the gross profits of the employer for such preceding accounting year after deducting there from the amount of bonus which the employer has paid or is liable to pay to his employees in accordance with the provisions of this code for that year3534 the following sums shall be deducted from the gross profits as prior charges, namely:—sums deductible from gross profits40(a) any amount by way of depreciation admissible in accordance with theprovisions of sub-section (1) of section 32 of the income-tax act or in accordance with the provisions of the agricultural income tax law, for the time being in force, as the case may be:45 provided that where an employer has been paying bonus to his employeesunder a settlement or an award or agreement made before the 29th may, 1965, and subsisting on that date after deducting from the gross profits notional normal depreciation, then, the amount of depreciation to be deducted under this clause shall, at the option of such employer, which is to be exercised once and within one year from that date, continue to be such notional normal depreciation;(b) any amount by way of development rebate or investment allowance or development allowance which the employer is entitled to deduct from his income under the income-tax act;5(c) subject to the provisions of section 35, any direct tax which the employer isliable to pay for the accounting year in respect of his income, profits and gains during that year;(d) such further sums as are specified in respect of the employer in the fourth schedule1035 any direct tax payable by the employer for any accounting year shall, subject to the following provisions, be calculated at the rates applicable to the income of the employer for that year, namely:—calculation of direct tax payable by employer(a) in calculating such tax no account shall be taken of,—15(i) any loss incurred by the employer in respect of any previous accounting year and carried forward under any law for the time being in force relating to direct taxes;(ii) any arrears of depreciation which the employer is entitled to add to the amount of the allowance for depreciation for any succeeding accounting year or years under sub-section (2) of section 32 of the income-tax act;2010 of 1965(iii) any exemption conferred on the employer under section 84 of the income-tax act or of any deduction to which he is entitled under sub-section (1)of section 101 of that act, as in force immediately before the commencement of the finance act, 1965;25(b) where the employer is a religious or a charitable institution to which the provisions of section 41 do not apply and the whole or any part of its income is exempt from the tax under the income-tax act, then, with respect to the income so exempted, such institution shall be treated as if it were a company in which the public are substantially interested within the meaning of that act;(c) where the employer is an individual or a hindu undivided family, the tax payable by such employer under the income-tax act shall be calculated on the basis that the income derived by him from the establishment is his only income;30(d) where the income of any employer includes any profits and gains derived from the export of any goods or merchandise out of india and any rebate on such income is allowed under any law for the time being in force relating to direct taxes, then, no account shall be taken of such rebate;35(e) no account shall be taken of any rebate other than development rebate orinvestment allowance or development allowance or credit or relief or deduction (not hereinbefore mentioned in this section) in the payment of any direct tax allowed under any law for the time being in force relating to direct taxes or under the relevant annual finance act, for the development of any industry40set on and set off of allocable surplus4536 (1) where for any accounting year, the allocable surplus exceeds the amount ofmaximum bonus payable to the employees in the establishment under section 26, then, the excess shall, subject to a limit of twenty per cent of the total salary or wage of the employees employed in the establishment in that accounting year, be carried forward for being set on in the succeeding accounting year and so on up to and inclusive of the fourth accounting year to be utilised for the purpose of payment of bonus in the manner illustrated in the first schedule(2) where for any accounting year, there is no available surplus or the allocablesurplus in respect of that year falls short of the amount of minimum bonus payable to the employees in the establishment under section 26, and there is no amount or sufficient amount5carried forward and set on under sub-section (1) which could be utilised for the purpose of payment of the minimum bonus, then, such minimum amount or the deficiency, as the case may be, shall be carried forward for being set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year in the manner illustrated in the first schedule(3) the principle of set on and set off as illustrated in the first schedule shall apply to all other cases not covered by sub-section (1) or sub-section (2) for the purpose of payment of bonus under this code10(4) where in any accounting year any amount has been carried forward and set on or set off under this section, then, in calculating bonus for the succeeding accounting year, the amount of set on or set off carried forward from the earliest accounting year shall first be taken into account37 where in any accounting year,—(a) an employer has paid any puja bonus or other customary bonus to employee; or15adjustment of customary or interim bonus against bonus payable under this code(b) an employer has paid a part of the bonus payable under this code to anemployee before the date on which such bonus becomes payable,then, the employer shall be entitled to deduct the amount of bonus so paid from the amount of bonus payable by him to the employee under this code in respect of that accounting year and the employee shall be entitled to receive only the balance20deduction of certain amounts from bonus payable38 where in any accounting year, an employee is found guilty of misconduct causingfinancial loss to the employer, then, it shall be lawful for the employer to deduct the amount of loss from the amount of bonus payable by him to the employee under this code in respect of that accounting year only and the employee shall be entitled to receive the balance, if any25time limit for payment of bonus39 (1) all amounts payable to an employee by way of bonus under this code shall bepaid by crediting it in the bank account of the employee by his employer within a period of eight months from the close of the accounting year:30provided that the appropriate government or such authority as the appropriate government may specify in this behalf may, upon an application made to it by the employer and for sufficient reasons, by order, extend the said period of eight months to such further period or periods as it thinks fit; so, however, that the total period so extended shall not in any case exceed two years35(2) notwithstanding anything contained in sub-section (1), where there is a disputeregarding payment of bonus pending before any authority, such bonus shall be paid, within a period of one month from the date on which the award becomes enforceable or the settlement comes into operation, in respect of such dispute: provided that if, there is a dispute for payment at the higher rate, the employer shall pay eight and one third per cent of the wages earned by the employee as per the provisions of this code within a period of eight months from the close of the accounting year40application of this chapter to establishments in public sector in certain cases40 (1) if in any accounting year an establishment in public sector sells any goodsproduced or manufactured by it or renders any services, in competition with an establishment in private sector, and the income from such sale or services or both, is not less than twenty per cent of the gross income of the establishment in public sector for that year, then, the provisions of this chapter shall apply in relation to such establishment in public sector as they apply in relation to a like establishment in private sector45(2) save as otherwise provided in sub-section (1), nothing in this chapter shall apply to the employees employed by any establishment in public sector41 (1) nothing in this chapter shall apply to—(a) employees employed by the life insurance corporation of india;nonapplicability of this chapter44 of 1958(b) seamen as defined in clause (42) of section 3 of the merchant shipping act, 1958;9 of 19485(c) employees registered or listed under any scheme made under the dockworkers (regulation of employment) act, 1948, and employed by registered or listed employers;(d) employees employed by an establishment under the authority of any department of the central government or a state government or a local authority;10(e) employees employed by—(i) the indian red cross society or any other institution of a like natureincluding its branches;(ii) universities and other educational institutions; (iii) institutions including hospitals, chamber of commerce and socialwelfare institutions established not for purposes of profit;15(f) employees employed by the reserve bank of india; (g) employees employed by public sector financial institution other than a banking company, which the central government may, by notification, specify, having regard to—(i) its capital structure;20(ii) its objectives and the nature of its activities; (iii) the nature and extent of financial assistance or any concession givento it by the government; and(iv) any other relevant factor;25(h) employees employed by inland water transport establishments operating onroutes passing through any other country; and(i) employees of any other establishment which the appropriate government may, by notification, exempt having regard to the overall benefits under any other scheme of profit sharing available in such establishments to the employees30 (2) subject to the provisions of sub-section (1) and notwithstanding anything contained in any other provisions of this chapter, the provisions of this chapter shall apply to such establishment in which twenty or more persons are employed or were employed on any day during an accounting year chapter v advisory board3542 (1) the central government shall constitute the central advisory board which shall consist of persons to be nominated by the central government—(a) representing employers;central advisory board and state advisory boards40(b) representing employees which shall be equal in number of the membersspecified in clause (a); and(c) independent persons, not exceeding one-third of the total members of theboard(2) one-third of the members referred to in sub-section (1) shall be women and a member specified in clause (c) of the said sub-section shall be appointed by the central government as the chairperson of the board5(3) the central advisory board constituted under sub-section (1) shall from time to time advise the central government on reference of issues relating to—(a) fixation or revision of minimum wages and other connected matters; (b) providing increasing employment opportunities for women; (c) the extent to which women may be employed in such establishments or employments as the central government may, by notification, specify in this behalf; and10(d) any other matter relating to this code, and on such advice the central government may issue directions to the state government as it deems fit in respect of matters relating to issues referred to the board15(4) every state government shall constitute a state advisory board for advising the state government—(a) in fixation or revision of minimum wages and other connected matters; (b) for the purpose of providing increasing employment opportunities for women; (c) with regard to the extent to which women may be employed in such establishments or employments as the state government may, by notification, specify in this behalf; and20(d) in any other matter relating to this code, which the state government may refer from time to time to the board (5) the state advisory board may constitute one or more committees or sub-committees to look into issues pertaining to matters specified in clauses (a) to (d) of sub-section (4)25(6) the state advisory board and each of the committees and sub-committees thereof shall consist of persons—(a) representing employers; (b) representing employees which shall be equal in number of the members specified in clause (a); and30(c) independent persons, not exceeding one-third of the total members of the board or committee or sub-committee, as the case may be (7) one-third of the members referred to in sub-section (6) shall be women and one among the members specified in clause (c) of the said sub-section shall—(a) be appointed by the state government as the chairperson of the board;35(b) be appointed by the state advisory board as the chairperson of the committee or sub-committee, as the case may be40(8) in tendering its advice in the matters specified in clause (b) or clause (c) of subsection (4), the state advisory board shall have regard to the number of women employed in the concerned establishment, or employment, the nature of work, hours of work, suitability of women for employment, as the case may be, the need for providing increasing employment opportunities for women, including part time employment, and such other relevant factors as the board may think fit45(9) the state government may, after considering the advice tendered to it by the state advisory board and after inviting and considering the representations from establishment or employees or any other person which that government thinks fit, issue such direction as may be deemed necessary(10) the central advisory board referred to in sub-section (1) and the state advisory board referred to in sub-section (4) shall respectively regulate their own procedure including that of the committees and sub-committees constituted by the state advisory board, in such manner as may be prescribed5(11) the terms of office of the central advisory board referred to in sub-section (1)and the state advisory board referred to in sub-section (4) including that of the committees and sub-committees constituted by the state advisory board, shall be such as may be prescribed chapter vi payment of dues, claims and audit1043 every employer shall pay all amounts required to be paid under this code to every employee employed by him:responsibilityfor paymentof various duesprovided that where such employer fails to make such payment in accordance with this code, then, the company or firm or association or any other person who is the proprietor of the establishment, in which the employee is employed, shall be responsible for such payment159 of 1932explanation—for the purposes of this section the expression "firm" shall have the same meaning as assigned to it in the indian partnership act, 193244 (1) subject to the other provisions of this code, all amounts payable to an employee under this code shall, if such amounts could not or cannot be paid on account of his death before payment or on account of his whereabouts not being known,—20payment of various undisbursed dues in case of death of employee(a) be paid to the person nominated by him in this behalf in accordance with the rules made under this code; or25(b) where no such nomination has been made or where for any reasons such amounts cannot be paid to the person so nominated, be deposited with such authority, as may be prescribed, who shall deal with the amounts so deposited in the manner as may be prescribed (2) where in accordance with the provisions of sub-section (1), all amounts payable to an employee under this code—(a) are paid by the employer to the person nominated by the employee; or30(b) are deposited by the employer with the authority referred to in clause (b) of sub-section (1), then, the employer shall be discharged of his liability to pay those amounts45 (1) the appropriate government may, by notification, appoint one or more authorities, not below the rank of a gazetted officer, to hear and determine the claims which arises under the provisions of this code35claims under code and procedure thereof(2) the authority appointed under sub-section (1), while deciding the claim under that sub-section, may order, having regard to the circumstances under which the claim arises, the payment of compensation in addition to the claim determined, which may extend to ten times of the claim determined and endeavour shall be made by the authority to decide the claim within a period of three months40 45(3) if an employer fails to pay the claim determined and compensation ordered to be paid under sub-section (2), the authority shall issue a certificate of recovery to the collector or district magistrate of the district where the establishment is located who shall recover the same as arrears of land revenue and remit the same to the authority for payment to the concerned employee(4) any application before the authority for claim referred to in sub-section (1) may be filed by,—(a) the employee concerned; or16 of 19265(b) any trade union registered under the trade unions act, 1926 of which the employee is a member; or(c) the facilitator(5) subject to such rules as may be made, a single application may be filed under this section on behalf or in respect of any number of employees employed in an establishment10(6) the application under sub-section (4) may be filed within a period of three years from the date on which claims referred to in sub-section (1) arises:provided that the authority referred to in sub-section (1) may, entertain the application after three years on sufficient cause being shown by the applicant for such delay5 of 1908152 of 1974(7) the authority appointed under sub-section (1) and the appellate authority appointed under sub-section (1) of section 49, shall have all the powers of a civil court under the code of civil procedure, 1908, for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority or appellate authority shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 19732046 notwithstanding anything contained in this code, where any dispute arises between an employer and his employees with respect to—reference of disputes under this code (a) fixation of bonus or eligibility for payment of bonus under the provisions of this code; or (b) the application of this code, in respect of bonus, to an establishment in public sector,2514 of 1947then, such dispute shall be deemed to be an industrial dispute within the meaning of the industrial disputes act, 194747 (1) where, during the course of proceedings before— (a) the authority under section 45; or (b) the appellate authority under section 49; or30 (c) a tribunal; or (d) an arbitrator referred to in clause (aa) of section 2 of the industrial disputes act, 1947,presumption about accuracy of balance-sheet and profit and loss account of corporations and companies14 of 19473518 of 201340in respect of any dispute of the nature specified in sections 45 and 46 or in respect of an appeal under section 49, the balance-sheet and the profit and loss account of an employer, being a corporation or a company (other than a banking company), duly audited by the comptroller and auditor-general of india or by auditors duly qualified to act as auditors of companies under section 141 of the companies act, 2013, are produced before it, then, the said authority, appellate authority, tribunal or arbitrator, as the case may be, may presume the statements and particulars contained in such balance-sheet and profit and loss account to be accurate and it shall not be necessary for the corporation or the company to prove the accuracy of such statements and particulars by the filing of an affidavit or by any other mode:45provided that where the said authority, appellate authority, tribunal or arbitrator, as the case may be, is satisfied that the statements and particulars contained in the balance-sheet or the profit and loss account of the corporation or the company are not accurate, it may take such steps as it thinks necessary to find out the accuracy of such statements and particulars510(2) when an application is made to the authority, appellate authority, tribunal or arbitrator, as the case may be, referred to in sub-section (1), by any trade union being a party to the dispute or as the case may be, an appeal, and where there is no trade union, by the employees being a party to the dispute, or as the case may be, an appeal, requiring any clarification relating to any item in the balance-sheet or the profit and loss account, then such authority, appellate authority, tribunal or arbitrator, may, after satisfying itself that such clarification is necessary, by order, direct the corporation or, as the case may be, the company, to furnish to the trade union or the employees such clarification within such time as may be specified in the direction and the corporation or, as the case may be, the company, shall comply with such directionaudit of accounts of employers,not beingcorporations or companies1518 of 201348 (1) where any claim, dispute or appeal with respect to bonus payable under this code between an employer, not being a corporation or a company, and his employees is pending before any authority, appellate authority, tribunal or arbitrator, as the case may be, as referred to in sub-section (1) of section 47 and the accounts of such employer audited by any auditor duly qualified to act as auditor of companies under the provisions of section 141 of the companies act, 2013, are produced before such authority, appellate authority, tribunal or arbitrator, then the provisions of section 47 shall, so far as may be, apply to the accounts so audited20 25(2) when the authority, appellate authority, tribunal or arbitrator, referred to in subsection (1), as the case may be, finds that the accounts of such employer have not been audited by any such auditor and it is of opinion that an audit of the accounts of such employer is necessary for deciding the question referred to it, then, such authority, appellate authority, tribunal or arbitrator, may, by order, direct the employer to get his accounts audited within such time as may be specified in the direction or within such further time as it may allow by such auditor or auditors as it thinks fit and thereupon the employer shall comply with such direction30(3) where an employer fails to get the accounts audited under sub-section (2) the authority, appellate authority, tribunal or arbitrator, referred to in sub-section (1), as the case may be, may, without prejudice to the provisions of section 54, get the accounts audited by such auditor or auditors as it thinks fit(4) when the accounts are audited under sub-section (2) or sub-section (3), the provisions of section 47 shall, so far as may be, apply to the accounts so audited35(5) the expenses of, and incidental to, any audit under sub-section (3) including the remuneration of the auditor or auditors shall be determined by the authority, appellate authority, tribunal or arbitrator, referred to in sub-section (1), as the case may be, and paid by the employer and in default of such payment shall be recoverable by the authority referred to in sub-section (3) of section 45 from the employer in the manner provided in that sub-sectionappeal4049 (1) any person aggrieved by an order passed by the authority under sub-section (2)of section 45 may prefer an appeal, to the appellate authority having jurisdiction appointed by the appropriate government, by notification, for such purpose, within ninety days from the date of such order, in such form and manner as may be prescribed: provided that the appellate authority may entertain the appeal after ninety days if it satisfied that the delay in filing the appeal has occurred due to sufficient cause45(2) the appellate authority shall be appointed from the officers of the appropriate government holding the post at least one rank higher than the authority referred under sub-section (1) of section 45(3) the appellate authority shall, after hearing the parties in the appeal, dispose of the appeal and endeavour shall be made to dispose of the appeal within a period of three months50(4) the outstanding dues under the orders of the appellate authority shall be recovered by the authority referred to in section 45, by issuing the certificate of recovery in the manner specified in sub-section (3) of that sectionrecords, returns and notices50 (1) every employer of an establishment to which this code applies shall maintain a register containing the details with regard to persons employed, muster roll, wages, and such other details in such manner as may be prescribed5(2) every employer shall display a notice on the notice board at a prominent place of the establishment containing the abstract of this code, category-wise wage rates of employees, wage period, day or date and time of payment of wages, and the name and address of the facilitator having jurisdiction(3) every employer shall issue wage slips to the employees in such form and manner as may be prescribed10(4) the provisions of sub-sections (1) to (3) shall not apply in respect of the employer to the extent he employs not more than five persons for agriculture or domestic purpose:provided that such employer, when demanded, shall produce before the facilitator, the reasonable proof of the payment of wages to the persons so employed15explanation—for the purposes of this sub-section, the expression "domestic purpose"means the purpose exclusively relating to the home or family affairs of the employer and does not include any affair relating to any establishment, industry, trade, business, manufacture or occupation chapter vii facilitator20appointment of facilitators and their powers51 (1) the appropriate government may, by notification, appoint facilitators who shall exercise the powers conferred on them under sub-section (4) throughout the state or such geographical limits assigned to them, in relation to establishments situated in such state or geographical limits, as the case may be25(2) the appropriate government may, by notification, lay down an inspection scheme which shall also provide for generation of a web-based inspection schedule45 of 1860(3) every facilitator appointed under sub-section (1) shall be deemed to be public servant within the meaning of section 21 of the indian penal code(4) the facilitator may, within the local limits of his jurisdiction—30(a) supply information and advice to employers and workers concerning the most effective means of complying with the provisions of this code;(b) inspect the establishment based on inspection scheme referred to in sub-section (2) (5) subject to the provisions of sub-section (4), the facilitator may,—35(a) examine any person who is found in any premises of the establishment,whom the facilitator has reasonable cause to believe, is a worker of the establishment;(b) require any person to give any information, which is in his power to give with respect to the names and addresses of the persons;40(c) search, seize or take copies of such register, record of wages or notices or portions thereof as the facilitator may consider relevant in respect of an offence under this code and which the facilitator has reason to believe has been committed by the employer;(d) bring to the notice of the appropriate government defects or abuses not covered by any law for the time being in force; and(e) exercise such other powers as may be prescribed45 of 1860(6) any person required to produce any document or to give any information required by a facilitator under sub-section (5) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the indian penal code2 of 19745(7) the provisions of the code of criminal procedure, 1973 shall, so far as may be,apply to the search or seizure under sub-section (5) as they apply to the search or seizuremade under the authority of a warrant issued under section 94 of the said code chapter viii offences and penaltiescognizance of offences1016 of 192652 (1) no court shall take cognizance of any offence punishable under this code,save on a complaint made by or under the authority of the appropriate government or an officer authorised in this behalf, or by an employee or a registered trade union registered under the trade unions act, 1926 or a facilitator2 of 197415(2) notwithstanding anything contained in the code of criminal procedure, 1973, nocourt inferior to that of a metropolitan magistrate or judicial magistrate of the first class shall try the offences under this code53 (1) any employer who—penalties for offences(a) pays to any employee less than the amount due to such employee under theprovisions of this code shall be punishable with fine which may extend to fifty thousand rupees;20(b) having been convicted of an offence under clause (a) is again found guilty ofsimilar offence under this clause, within five years from the date of the commission of the first or subsequent offence, he shall, on the second and the subsequent commission of the offence, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one lakh rupees, or with both;25(c) contravenes any other provision of this code or any rule made or order madeor issued thereunder shall be punishable with fine which may extend to twenty thousand rupees;30(d) having been convicted of an offence under clause (c) is again found guilty ofsimilar offence under this clause, within five years from the date of the commission of the first or subsequent offence, he shall, on the second and the subsequent commission of the offence under this clause, be punishable with imprisonment for a term whichmay extend to one month or with fine which may extend to forty thousand rupees, or with both35(2) notwithstanding anything contained in sub-section (1), for the offences of nonmaintenance or improper maintenance of records in the establishment, the employer shall be punishable with fine which may extend to ten thousand rupees40 45(3) notwithstanding anything contained in clause (c) of sub-section (1) or sub-section (2), the facilitator shall, before initiation of prosecution proceeding for the offences under the said clause or sub-section, give an opportunity to the employer to comply with the provisions of this code by way of a written direction, which shall lay down a time period for such compliance, and, if the employer complies with the direction within such period, the facilitator shall not initiate such prosecution proceeding and, no such opportunity shall be accorded to an employer, if the violation of the same nature of the provisions under this code is repeated within a period of five years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with the provisions of this codeoffences by companies54 (1) if the person committing an offence under this code is a company, every person who, at the time the offence was committed was in charge of, and was responsible to the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence510(2) notwithstanding anything contained in sub-section (1), where an offence under this code has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purposes of this section,—(a) "company" means anybody corporate and includes—(i) a firm; or156 of 2009(ii) a limited liability partnership registered under the limited liability partnership act, 2008; or(iii) other association of individuals; and(b) "director" in relation to a firm means a partner in the firmcomposition of offences2 of 19742055 (1) notwithstanding anything contained in the code of criminal procedure, 1973, any offence punishable under this code, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a gazetted officer, as the appropriate government may, by notification, specify, for a sum of fifty per cent of the maximum fine provided for such offence, in the manner as may be prescribed25(2) nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of five years from the date—(i) of commission of a similar offence which was earlier compounded; (ii) of commission of similar offence for which such person was earlier convicted30(3) every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the appropriate government(4) every application for the compounding of an offence shall be made in such manner as may be prescribed(5) where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded35(6) where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1) in writing, to the notice of the court in which the prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged40(7) any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to twenty per cent of the maximum fine provided for the offence, in addition to such fine45(8) no offence punishable under the provisions of this code shall be compounded except under and in accordance with the provisions of this section chapter ix miscellaneousbar of suits56 no court shall entertain any suit for the recovery of minimum wages, any deductionfrom wages, discrimination in wages and payment of bonus, in so far as the sum so claimed—(a) forms the subject of claims under section 45;5(b) has formed the subject of a direction under this code; or (c) has been adjudged in any proceeding under this code;(d) could have been recovered under this code10protection of action takenin good faith57 no suit, prosecution or any other legal proceeding shall lie against the appropriategovernment or any officer of that government for anything which is in good faith done or intended to be done under this codeburden of proof1558 where a claim has been filed on account of non-payment of remuneration or bonusor less payment of wages or bonus or on account of making deductions not authorised by this code from the wages of an employee, the burden to prove that the said dues have been paid shall be on the employercontracting out59 any contract or agreement whereby an employee relinquishes the right to anyamount or the right to bonus due to him under this code shall be null and void in so far as it purports to remove or reduce the liability of any person to pay such amount under this code2060 the provisions of this code shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in force or in the terms of any award, agreement, settlement or contract of serviceeffect of laws, agreements, etc inconsistent with this code delegation of powers2561 the appropriate government may, by notification, direct that any power exercisableby it under this code shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be also exercisable—(a) where the appropriate government is the central government, by such officeror authority subordinate to the central government or by the state government or bysuch officer or authority subordinate to the state government, as may be specified in the notification;30(b) where the appropriate government is a state government, by such officer orauthority subordinate to the state government as may be specified in the notification35exemption of employer from liability in certain cases62 where an employer is charged with an offence under this code, he shall be entitledupon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the court—(a) that he has used due diligence to enforce the execution of this code; and (b) that the said other person committed the offence in question without hisknowledge, consent or connivance,40that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be discharged from any liability under this code in respect of such offence:provided that in seeking to prove, as aforesaid, the employer may be examined on oath, and the evidence of the employer or his witness, if any, shall be subject to cross-examinationby or on behalf of the person whom the employer charges as the actual offender and by the prosecution5protection against attachment of assets of employer with government63 any amount deposited with the appropriate government by an employer to securethe due performance of a contract with that government and any other amount due to such employer from that government in respect of such contract shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the employer other than any debt or liability incurred by the employer towards any employee employed in connection with the contract aforesaid1064 the central government may, for carrying into execution of the provisions of thiscode in the state give directions to the state government, and the state government shall abide by such directionspower of central government to give directions savings42 of 2005 46 of 194865 nothing contained in this code shall be deemed to affect the provisions of themahatma gandhi national rural employment guarantee act, 2005 and the coal mines provident fund and bonus schemes act, 1948, or of any scheme made thereunder1566 (1) the appropriate government may, subject to the condition of previouspublication, make rules for carrying out the provisions of this codepower of appropriate government to make rules(2) in particular and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—(a) the manner of calculating the wages under sub-section (4) of section 6;20(b) the cases and circumstances in which an employee employed for a period ofless than the requisite number of hours shall not be entitled to receive wages for a full normal working day, under section 10;(c) the extent and conditions, which shall apply in relation to certain classes ofemployees under sub-section (2) of section 13;25(d) the longer wage period for fixation of minimum rate of wages as referred insection 14;(e) the manner of deducting loans made from any fund constituted for the welfareof labour under sub-clause (ii) of clause (f) of sub-section (2) of section 18;30(f) the manner of recovery of excess of amount under sub-section (4) ofsection 18;(g) the authority to provide approval for imposition of fine under sub-section (1)of section 19;(h) the manner of exhibition of the acts and omissions to be specified in thenotice under sub-section (2) of section 19;(i) the procedure for the imposition of fines under sub-section (3) of section 19;35(j) the form of the register to record all fines and all realisations thereof under sub-section (8) of section 19;(k) the procedure for making deductions for absence from duty under sub-section (2) of section 20;40(l) the procedure for making deductions for damage or loss under sub-section (2)of section 21;(m) the form of the register to record all deductions and all realisations thereof under sub-section (3) of section 21;45(n) conditions for recovery of advance of money given to an employee after the employment began under clause (b) of section 23;(o) conditions for recovery of advances of wages to an employee not already earned under clause (c) of section 23;(p) deductions for recovery of loans and the rate of interest payable thereonunder section 24;5(q) manner of regulating the procedure by the central advisory board and thestate advisory board, including that of the committees and sub-committees constituted by the state advisory board, under sub-section (10) of section 42;(r) the terms of office of members of the central advisory board, the stateadvisory board, including that the committees and sub-committees constitutes by the state advisory board, under sub-section (11) of section 42;10(s) the authority and manner of depositing with such authority, variousundisbursed dues under clause (b) of sub-section (1) of section 44;(t) form of single application in respect of a number of employees under subsection (5) of section 45;15(u) form for making an appeal to the appellate authority under sub-section (1) ofsection 49;(v) the manner of maintenance of a register by the employer under sub-section (1)of section 50;(w) the form and manner of issuing wage slips under sub-section (3) ofsection 50;20(x) the other powers to be exercised by the facilitators under sub-section (5) ofsection 51;(y) the manner of imposing fine under sub-section (1) of section 55;(z) the manner of composition of offence by a gazetted officer specified undersub-section (4) of section 55;25(za) any other matter which is required to be, or may be, prescribed under theprovisions of this code3035(3) every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions as aforesaid, both houses agree in making any modification in the rule or both houses agree that rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or amendment shall be without prejudice to the validity of anything previously done under that rule(4) every rule made by the state government under this section shall, as soon as possible after it is made, be laid before the state legislature40power to remove difficulties67 (1) if any difficulty arises in giving effect to the provisions of this code, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this code, as may appear to be necessary for removing the difficulty:provided that no such order shall be made under this section after the expiry ofa period of two years from the commencement of this code(2) every order made under this section shall be laid, as soon as may be after it is made,repeal and savings68 (1) the payment of wages act, 1936, the minimum wages act, 1948, the paymentof bonus act, 1965 and the equal remuneration act, 1976 are hereby repealed4 of 1936 11 of 1948 21 of 1965 25 of 19765(2) notwithstanding such repeal, anything done or any action taken under the enactments so repealed including any notification, nomination, appointment, order or direction made thereunder or any amount of wages provided in any provision of such enactments for any purpose shall be deemed to have been done or taken or provided for such purpose under the corresponding provisions of this code and shall be in force to the extent they are not contrary to the provisions of this code till they are repealed under the corresponding provisions of this code or by the notification to that effect by the central government1010 of 1897(3) without prejudice to the provisions of sub-section (2), the provisions of section 6of the general clauses act, 1897 shall apply to the repeal of such enactments the first schedule [see sections 26 (7) and 36]in this schedule, the total amount of bonus equal to eight and one-third per cent of the annual wages payable to all the employees is assumed to be rs 1,04,167 accordingly, the maximum bonus to which all the employees are entitled to be paid (twenty per cent of the annual wages of all the employees) would be rs 2,50,000| year | amount equal to | amount payable as | set on or set | total set on or ||-------------------------|---------------------|--------------------------|-----------------|-------------------|| sixty per cent or | bonus | off of the year | set off carried | || sixty-seven per | carried forward | forward | | || cent as the case | | | | || may be, of | | | | || available surplus | | | | || allocable as bonus | | | | || rs | rs | rs | rs | of || (year) | | | | || 1 | 1,04,167 | 1,04,167 | nil | nil || 2 | 6,35,000 | 2,50,000 | set on | set on || 2,50,000 | 2,50,000 | | | || 3 | 2,20,000 | 2,50,000 (inclusive of | nil | set on 2,20,000 || 30,000 from year-2) | | | | || 4 | 3,75,000 | 2,50,000 | set on | set on 2,20,000 || 1,25,000 | 1,25,000 | (4) | | || 5 | 1,40,000 | 2,50,000 (inclusive of | nil | set on 1,10,000 || 1,10,000 from year-2) | 1,25,000 | (4) | | || 6 | 3,10,000 | 2,50,000 | set on 60,000 | set on nil || 1,25,000 | (4) | | | || 60,000 | (6) | | | || 7 | 1,00,000 | 2,50,000 (inclusive of | nil | set on 35,000 || 1,25,000 from year-4 | | | | || and 25,000 from year-6) | | | | || 8 | nil | 1,04,167 (inclusive of | set on 69,167 | set off || (due to loss) | 35,000 from year-6) | 69,167 | (8) | || 9 | 10,000 | 1,04,167 | set off 94,167 | set off || 69,167 | (8) | | | || 94,167 | (9) | | | || 10 | 2,15,000 | 1,04,167 (after setting | nil | set off 52,501 || off 69,167 from year-8 | | | | || and 41,666 from year-9) | | | | |maximum amount admissible minimum amount admissible the balance of rs 1,10,000 set on from year-2 lapses the second schedule [see section 32(a)] computation of gross profitsaccounting year ending—| item | particulars | amount of | amount of | remarks ||----------------------------------------------------|-------------------------------------------------|-------------|-------------|-----------|| no | sub-items | main items | | || (in rupees) | (in rupees) | | | || 1 | 2 | 3 | 4 | 5 || | | | | || 1 | | | | || net profit | | | | || as shown in the profit and loss account | | | | || after making usual and necessary provisions | | | | || 2 | | | | || add back | | | | || provision for: | | | | || | | | | || ( | | | | || a | | | | || ) bonus to employees | | | | || | | | | || ( | | | | || b | | | | || ) depreciation | | | | || ( | | | | || c | | | | || ) development rebate reserve | | | | || ( | | | | || d | | | | || ) any other reserves | | | | || total of item no2……… | | | | || rs | | | | || 3 | | | | || add back | | | | || also: | | | | || | | | | || ( | | | | || a | | | | || ) bonus paid to employees in respect of previous | | | | || accounting years | | | | || ( | | | | || b | | | | || ) the amount debited in respect of gratuity paid | | | | || or payable to employees in excess of the | | | | || aggregate of— | | | | || ( | | | | || i | | | | || ) | the amount, if any, paid to, or provided | | | || for payment to, an approved gratuity | | | | || fund; and | | | | || ( | | | | || ii | | | | || ) the amount actually paid to employees | | | | || on their retirement or on termination of | | | | || their employment for any reason | | | | || ( | | | | || c | | | | || ) donations in excess of the amount admissible | | | | || for income-tax | | | | || | | | | || ( | | | | || d | | | | || ) capital expenditure (other than capital | | | | || expenditure on scientific research which is | | | | || allowed as a deduction under any law for the | | | | || time being in force relating to direct taxes) | | | | || and capital losses (other than losses on sale of | | | | || capital assets on which depreciation has been | | | | || allowed for income-tax) | | | | || ( | | | | || e | | | | || ) any amount certified by the reserve bank of | | | | || india in terms of sub-section ( | | | | || 2 | | | | || ) of section | | | | || 34a of the banking regulation act, 1949 (10 | | | | || of 1949) | | | | || rs | | | | || ( | | | | || f | | | | || ) | losses of, or expenditure relating to, any | | | || business situated outside india | | | | || total of item no3……… | | | | || 4 | | | | || add also | | | | || income, profits or gains (if any) credited | | | | || directly to published or disclosed reserves, other | | | | || than— | | | | || ( | | | | || i | | | | || ) | capital receipts and capital profits (including | | | || profits on the sale of capital assets on which | | | | || depreciation has not been allowed for income- | | | | || tax); | | | | || 1 | 2 ||------------------------------------------------------|----------------------------------------------------|| ( | || ii | || ) | profits of, and receipts relating to, any business || situated outside india; | || rs | || ( | || iii | || ) income of foreign banking companies from | || investment outside india | || net total of item no 4…… | || rs | || 5 | total of item nos1, 2, 3 and 4… || 6 | || deduct | || : | || | || ( | || a | || ) capital receipts and capital profits (other than | || profits on the sale of assets on which | || depreciation has been allowed for income-tax) | || | || ( | || b | || ) profits of, and receipts relating to, any business | || situated outside india | || | || ( | || c | || ) income of foreign banking companies from | || investments outside india | || ( | || d | || ) expenditure or losses (if any) debited directly | || to published or disclosed reserves, other than— | || ( | || i | || ) | capital expenditure and capital losses || (other than losses on sale of capital assets | || on which depreciation has not been | || allowed for income-tax); | || | || ( | || ii | || ) losses of any business situated outside | || india | || | || ( | || e | || ) in the case of foreign banking companies | || proportionate administrative (overhead) | || expenses of head-office allocable to indian | || business | || | || ( | || f | || ) | refund of any excess direct tax paid for || previous accounting years and excess | || provision, if any, of previous accounting years, | || relating to bonus, depreciation or development | || rebate, if written back | || rs | || ( | || g | || ) cash subsidy, if any, given by the government | || or by any body corporate established by any | || law for the time being in force or by any other | || agency through budgetary grants, whether | || given directly or through any agency for | || specified purposes and the proceeds of which | || are reserved for such purposes | || total of item no 6 …… | || rs | || | || 7 | gross profits for purposes of bonus (item no 5 || minus item no 6) | |explanation—in sub-item (b) of item 3, "approved gratuity fund" has the same meaning assigned to it in clause (5) of section 2 of the income-tax actwhere the profit subject to taxation is shown in the profit and loss account and the provision made for taxes on income is shown, the actual provision for taxes on income shall be deducted from the profit if, and to the extent, charged to profit and loss account if, and to the extent, credited to profit and loss account in the proportion of indian gross profit (item no 7) to total world gross profit (as per consolidated profit and loss account adjusted as in item no 2 above only) the third schedule [see section 32(b)] computation of gross profitsaccounting year ending—| item | particulars | amount of | amount of | remarks ||--------------------------------------------------|------------------------------------------|-------------|-------------|-----------|| no | sub-items | main items | | || (in rupees) | (in rupees) | | | || 1 | 2 | 3 | 4 | 5 || 1 | | | | || net profit | | | | || as per profit and loss account | | | | || 2 | | | | || add back | | | | || provision for: | | | | || ( | | | | || a | | | | || ) bonus to employees | | | | || ( | | | | || b | | | | || ) depreciation | | | | || | | | | || ( | | | | || c | | | | || ) direct taxes, including the provision (if any) | | | | || for previous accounting years | | | | || | | | | || ( | | | | || d | | | | || ) development rebate / investment allowance / | | | | || development allowance reserve | | | | || ( | | | | || e | | | | || ) any other reserves | | | | || total of item no2……… | | | | || rs | | | | || 3 | | | | || add back | | | | || also: | | | | || | | | | || ( | | | | || a | | | | || ) bonus paid to employees in respect of previous | | | | || accounting years | | | | || ( | | | | || aa | | | | || ) the amount debited in respect of gratuity paid | | | | || or payable to employees in excess of the | | | | || aggregate of— | | | | || ( | | | | || i | | | | || ) | the amount, if any, paid to, or provided | | | || for payment to, an approved gratuity | | | | || fund; and | | | | || ( | | | | || ii | | | | || ) the amount actually paid to employees | | | | || on their retirement or on termination of | | | | || their employment for any reason | | | | || ( | | | | || b | | | | || ) donations in excess of the amount admissible | | | | || for income-tax | | | | || | | | | || ( | | | | || c | | | | || ) any annuity due, or commuted value of any | | | | || annuity paid, under the provisions of section | | | | || 280d of the income-tax act during the | | | | || accounting year | | | | || | | | | || ( | | | | || d | | | | || ) capital expenditure (other than capital | | | | || expenditure on scientific research which is | | | | || allowed as a deduction under any law for the | | | | || time being in force relating to direct taxes) | | | | || and capital losses (other than losses on sale of | | | | || capital assets on which depreciation has been | | | | || allowed for income-tax or agricultural income- | | | | || tax) | | | | || rs | | | | || ( | | | | || e | | | | || ) losses of, or expenditure relating to, any | | | | || business situated outside india | | | | || total of item no3……… | | | | || 1 | 2 | 3 | 4 ||------------------------------------------------------|-------------------------------------------------|-----|-------------|| 4 | | | || add | | | || also income, profits or gains (if any) credited | | | || directly to reserves, other than— | | | || ( | | | || i | | | || ) | capital receipts and capital profits (including | | || profits on the sale of capital assets on which | | | || depreciation has not been allowed for income- | | | || tax or agricultural income-tax); | | | || ( | | | || ii | | | || ) profits of, and receipts relating to, any business | | | || situated outside india; | | | || ( | | | || iii | | | || ) income of foreign concerns from investment | | | || outside india | | | || rs | | | || net total of item no 4…… | | | || rs | | | || 5 | total of item nos1, 2, 3 and 4… | | || 6 | | | || deduct | | | || : | | | || | | | || ( | | | || a | | | || ) capital receipts and capital profits (other than | | | || profits on the sale of assets on which | | | || depreciation has been allowed for income-tax | | | || or agricultural income-tax) | | | || | | | || ( | | | || b | | | || ) profits of, and receipts relating to, any business | | | || situated outside india | | | || | | | || ( | | | || c | | | || ) income of foreign concerns from investments | | | || outside india | | | || ( | | | || d | | | || ) expenditure or losses (if any) debited directly | | | || to reserves, other than— | | | || ( | | | || i | | | || ) | capital expenditure and capital losses | | || (other than losses on sale of capital assets | | | || on which depreciation has not been | | | || allowed for income-tax or agricultural | | | || income-tax); | | | || | | | || ( | | | || ii | | | || ) losses of any business situated outside | | | || india | | | || | | | || ( | | | || e | | | || ) in the case of foreign concerns proportionate | | | || administrative (overhead) expenses of head- | | | || office allocable to indian business | | | || | | | || ( | | | || f | | | || ) | refund of any excess direct tax paid for | | || previous accounting years and excess | | | || provision, if any, of previous accounting years, | | | || relating to bonus, depreciation, taxation or | | | || development | rebate | or | development || allowance, if written back | | | || ( | | | || g | | | || ) cash subsidy, if any, given by the government | | | || or by any body corporate established by any | | | || law for the time being in force or by any other | | | || agency through budgetary grants, whether | | | || given directly or through any agency for | | | || specified purposes and the proceeds of which | | | || are reserved for such purposes | | | || rs | | | || total of item no 6 …… | | | || rs | | | || 7 | gross profits for purposes of bonus (item no 5 | | || minus item no 6) | | | |explanation—in sub-item (aa) of item 3, "approved gratuity fund" has the same meaning assigned to it in clause (5) of section 2 of the income-tax actif, and to the extent, charged to profit and loss account if, and to the extent, credited to profit and loss account the fourth schedule[see section 34(d)]itemcategory of employerfurther sums to be deductedno1231company, other than a banking company(i)the dividends payable on its preference share capital for the accounting year calculated at the actual rate at which such dividends are payable;(ii)eight and a half per cent of its paid-up equity share capital as atthe commencement of the accounting year;(iii)six per cent of its reserves shown in its balance-sheet as at the commencement of the accounting year, including any profits carried forward from the previous accounting year: provided that where the employer is a foreign company within the meaning of clause (42) of section 2 of the companies act, 2013 (18 of 2013), the total amount to be deducted under this item shall be eight and a half per cent on the aggregate of the value of the net fixed assets and the current assets of the company in india after deducting the amount of its current liabilities (other than any amount shown as payable by the company to its head office whether towards any advance made by the head office or otherwise or any interest paid by the company to its head office) in india2banking company(i)the dividends payable on its preference share capital for the accounting year calculated at the rate at which such dividends are payable;(ii)seven and a half per cent of its paid-up equity share capital as at the commencement of the accounting year;(iii)five per cent of its reserves shown in its balance sheet as at the commencement of the accounting year, including any profits carried forward from the previous accounting year;(iv)any sum which, in respect of the accounting year, is transferred by it— (a)to a reserve fund under sub-section (1) of section 17 of thebanking regulation act, 1949 (10 of 1949); or(b)to any reserves in india in pursuance of any direction oradvice given by the reserve bank of india,whichever is higher:provided that where the banking company is a foreign company within the meaning of clause (42) of section 2 of the companies act, 2013 (18 of 2013), the amount to be deducted under this item shall be the aggregate of—(i)the dividends payable to its preference shareholders for the accounting year at the rate at which such dividends are payable on such amount as bears the same proportion to its total preference share capital as its total working funds in india bear to its total world working funds;(ii)seven and a half per cent of such amount as bears the same proportion to its total paid-up equity share capital as its total working funds in india bear to its total world working funds;(iii)five per cent of such amount as bears the same proportion to its total disclosed reserves as its total working funds in india bear to its total world working funds;(iv)any sum which, in respect of the accounting year, is deposited by it with the reserve bank of india under sub-clause (ii) of clause (b) of sub-section (2) of section 11 of the banking regulation| 1 | 2 ||--------------------------------------------------------------------------|----------------------------------------------------------------------|| act, 1949 (10 of 1949), not exceeding the amount required | || under the aforesaid provision to be so deposited | || 3 | corporation || ( | || i | || ) | eight and a half per cent of its paid-up capital as at the || commencement of the accounting year; | || ( | || ii | || ) | six per cent of its reserves, if any, shown in its balance-sheet as || at the commencement of the accounting year, including any | || profits carried forward from the previous accounting year | || 4 | co-operative society || ( | || i | || ) | eight and a half per cent of the capital invested by such society || in its establishment as evidenced from its books of account at the | || commencement of the accounting year; | || ( | || ii | || ) | such sums as has been carried forward in respect of the accounting || year to a reserve fund under any law relating to co-operative | || societies for the time being in force | || 5 | any other employer || not falling under any of | || the aforesaid categories | || eight and a half per cent of the capital invested by him in his | || establishment as evidenced from his books of account at the | || commencement of the accounting year: | || provided that where such employer is a person to whom chapter xxii-a | || of the income-tax act applies, the annuity deposit payable by him | || under the provisions of that chapter during the accounting year shall | || also be deducted: | || provided further that where such employer is a firm, an amount equal | || to twenty-five per cent of the gross profits derived by it from the | || establishment in respect of the accounting year after deducting | || depreciation in accordance with the provisions of clause ( | || a | || ) of section | || 34 by way of remuneration to all the partners taking part in the conduct | || of business of the establishment shall also be deducted, but where the | || partnership agreement, whether oral or written, provides for the payment | || of remuneration to any such partner, and— | || ( | || i | || ) | the total remuneration payable to all such partners is less than || the said twenty-five per cent the amount payable, subject to a | || maximum of forty-eight thousand rupees to each such partner; | || or | || ( | || ii | || ) | the total remuneration payable to all such partners is higher than || the said twenty-five per cent such percentage, or a sum calculated | || at the rate of forty-eight thousand rupees to each such partner, | || whichever is less, shall be deducted under this proviso: | || provided also that where such employer is an individual or a hindu | || undivided family— | || ( | || i | || ) | an amount equal to twenty-five per cent of the gross profits || derived by such employer from the establishment in respect of | || the accounting year after deducting depreciation in accordance | || with the provisions of clause ( | || a | || ) of section 34; or | || ( | || ii | || ) | forty-eight thousand rupees, || whichever is less by way of remuneration to such employer, shall also | || be deducted | || in addition to the sums deductible under any of the aforesaid items such | || sums as are required to be appropriated by licensee in respect of the | || accounting year to a reserve, if any, shall also be deducted | |6any employer falling under item no 1 or item no 3 or item no 4 or item no 5 and being a licensee defined in clause (39) of section 2 of the electricity act, 2003 (36 of 2003)explanation—the expression "reserves" occurring in column (3) against item nos 1(iii), 2(iii)and 3(ii) shall not include any amount set apart for the purpose of—(i) payment of any direct tax which, according to the balance-sheet, would be payable; (ii) meeting any depreciation admissible in accordance with the provisions of clause (a) of section 34;(iii) payment of dividends which have been declared, but shall include—(a) any amount, over and above the amount referred to in clause (i) of this explanation, set apart as specific reserve for the purpose of payment of any direct tax; and(b) any amount set apart for meeting any depreciation in excess of the amount admissible in accordance with the provisions of clause (a) of section 34 statement of objects and reasonsthe second national commission on labour, which submitted its report in june, 2002had recommended that the existing set of labour laws should be broadly amalgamated into the following groups, namely:––(a) industrial relations; (b) wages;(c) social security; (d) safety; and (e) welfare and working conditions2 in pursuance of the recommendations of the said commission and the deliberations made in the tripartite meeting comprising of the government, employers' and industry representatives, it has been decided to bring the proposed legislation, namely, the code on wages, 2017 the proposed legislation intends to amalgamate, simplify and rationalise the relevant provisions of the following four central labour enactments relating to wages, namely:––(a) the payment of wages act, 1936; (b) the minimum wages act, 1948; (c) the payment of bonus act, 1965; and(d) the equal remuneration act, 19763 the amalgamation of the said laws will facilitate the implementation and also remove the multiplicity of definitions and authorities without compromising on the basic concepts of welfare and benefits to workers the proposed legislation would bring the use of technology in its enforcement all these measures would bring transparency and accountability which would lead to more effective enforcement widening the scope of minimum wages to all workers would be a big step for equity the facilitation for ease of compliance of labour laws will promote in setting up of more enterprises thus catalysing the creation of employment opportunities4 the salient features of the code on wages, 2017, inter alia, are as follows:––(a) it provides for all essential elements relating to wages, equal remuneration, its payment and bonus;(b) the provisions relating to wages shall be applicable to all employments covering both organised as well as un-organised sectors;(c) the power to fix minimum wages continues to be vested in the central government as well the state government in their respective spheres;(d) it enables the appropriate government to determine the factors by which the minimum wages shall be fixed for different category of employees the factors shall be determined taking into account the skills required, the arduousness of the work assigned, geographical location of the workplace and other aspects which the appropriate government considers necessary;(e) the provisions relating to timely payment of wages and authorised deductions from wages,which are presently applicable only in respect of employees drawing wages upto eighteen thousand rupees per month, shall be made applicable to all employees irrespective of wage ceiling the appropriate government may extend the coverage of such provisions to the government establishments also;(f) it provides that the wages to employees mayalso be paid by cheque or through digital or electronic mode or by crediting it in the bank account of the employee however, the appropriate government may specify the industrial or other establishment, where the wages are to be paid only by cheque or through digital or electronic mode or by crediting the wages in the bank account of the employee;(g) it provides for national minimum wage for different geographical areas so as to ensure that no state government fixes the minimum wage below the national minimum wage, notified for that area by the central government;(h) in order to remove the arbitrariness and malpractices in inspection, it empowers the appropriate government to appoint facilitators in the place of inspectors, who would supply information and advice the employers and workers concerning the most effective means of complying with the provisions of the proposed legislation it has also been provided that the inspections are carried out through a transparent/ web based inspection scheme(i) it empowers the appropriate government to determine the ceiling of wage limit for the purpose of eligibility of bonus and calculation of bonus, by notification, which will make it easier to revise ceilings;(j) in the place of number of authorities at multiple levels, it empowers the appropriate government to appoint one or more authorities to hear and decide the claims under the provisions of the proposed legislation;(k) it enables the appropriate government to appoint an appellate authority to hear appeals so as to ensure speedy, cheaper and efficient redressal of grievances and settlement of claims;(l) it provides for graded penalty for different types of contraventions of the provisions of the proposed legislation;(m) it provides that the facilitator shall give an opportunity to the employer before initiation of prosecution proceedings in cases of contravention, so as to comply with the provisions of the proposed legislation however, in case of repetition of the contravention within a period of five years such opportunity shall not be provided;(n) it provides for compounding of those offences which are not punishable with imprisonment;(o) it provides that where a claim has been filed for non-payment of remuneration or bonus or less payment of wages or bonus or on account of making deduction not authorised by the proposed legislation, the burden shall be on the employer to prove that the said dues have been paid to the employee;(p) it enables the appropriate government to constitute advisory boards at central and state levels to advice the central government and the state governments, respectively, on matters relating to wages, women employment, etc;(q) the period of limitation for filing of claims by a worker has been enhanced to3 years as against existing time period verying from 6 months to 2 years, to provide a worker more time to settle his claims 5 the notes on clauses explain in detail the various provisions contained in the bill 6 the bill seeks to achieve the above objectivesnew delhi;bandaru dattatreyathe 3rd august, 2017clause 2 of the bill seeks to define certain expressions used in the code, which, inter alia, include "accounting year", "advisory board", "appropriate government", "employee","employer", "tribunal", "wages" and "worker"clause 3 of the bill seeks to provide for the prohibition of discrimination on ground of gender it also provides that no employer shall, for the purpose of prohibiting the discrimination among employees on ground of sex in matters relating to wages, shall reduce the rates of wages of any employeeclause 4 of the bill provides for determination of disputes with regard to same or similar nature of work the dispute shall be decided by such authority as may be notified by the appropriate governmentclause 5 of the bill seeks to provide for payment of minimum rates of wages the wages less than the minimum rates of wages notified by the appropriate government for a state or any part thereof shall not be paid to any employeeclause 6 of the bill seeks to provide for fixation of minimum wages such fixation of minimum wages by the appropriate government shall be subject to the powers of the central government to fix national minimum wages the minimum wages shall be for time work, piece work, and for the period by hours or day or monthclause 7 of the bill seeks to provide components of the minimum wages any minimum rate of wages fixed or revised by the appropriate government may, inter alia, consist of basic rate, cost of living allowance and value of the concessions, if anyclause 8 of the bill seeks to provide the procedure for fixing and revising minimum wagesclause 9 of the bill seeks to provide the power of central government to fix national minimum wages different national minimum wages may be fixed for different states or different geographical areas the central government before fixing the national minimum wage may obtain the advice of the central advisory boardclause 10 of the bill seeks to provide, inter alia, for wages of employee who works for less than normal working day an employee, where his failure to work is caused by his un-willingness to work and not by omission of the employer to provide him with work, shall not be entitled to receive wages for a full normal working dayclause 11 of the bill seeks to provide wages for two or more classes of work it provides that an employee who does two or more classes of work to each of which different rate of minimum wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in such class of work, wages at not less than the minimum rate in force in respect of each such classclause 12 of the bill seeks to provide minimum time rate wages for piece work clause 13 of the bill seeks to provide for fixing hours of work for normal working day, day of rest and payment for work on day of rest by the appropriate governmentclause 14 of the bill seeks to provide for payment of wages for overtime work which is in excess of the number of hours constituting a normal working and the overtime rate shall not be less than twice the normal rate of wagesclause 15 of the bill seeks to provide for payment of all wages in current coin or currency notes or by cheque or by crediting the wages through digital or electronic mode in the bank account of the employee except as may be notified by the appropriate government in specified industrial or other establishment in which wages to be paid only by cheque or by crediting in bank accountclause 16 of the bill seeks to provide for fixation of wage period for employees which shall not be more than a month either as daily or weekly or fortnightly or monthly and the said wage periods may be fixed different for different establishmentsclause 17 of the bill seeks to provide time limit for payment of wages on monthly basis, daily basis, weekly basis and fortnightly basis in case of removal, dismissal, retrenchment, resignation from service or in the case of un-employment due to closure of the establishment, the wages payable to an employee shall be paid within two weeks the appropriate government may provide time limit apart from the time limit provided in this clauseclause 18 of the bill provides for deductions which may be made from the wages of an employee no deduction from the wages shall be made except those as are authorised under the proposed legislation the upper ceiling of deduction is fifty per cent of the wage in any wage periodclause 19 of the bill seeks to provide the imposition of fines by the employer on any employee the fine shall be imposed on any employee only in accordance with the approval and procedure as specified in the clauseclause 20 of the bill seeks to provide for the deductions for absence from duty the amount of such deductions shall in no case bear to the wages payable to the employee in respect of the wage period for which the deductions is made in a larger proportion than the period for which he was absent bears to the total period within such wage-period during which by the terms of his employment he was required to work an employee shall be deemed to be absent from the place where he is required to work if, although presence in such place, he refuses in pursuance of a stay-in strike for any other cause which is not reasonable in the circumstances, to carry out his workclause 21 of the bill seeks to provide deductions for damage or loss the deductions for damage or loss shall not exceed the amount of the damage or loss caused to the employer by negligence or default of the employee the deductions shall not be met until the employee has been provided an opportunity of showing cause against the deductions or otherwise than in accordance with the procedure prescribed by rulesclause 22 of the bill provides for deductions for services rendered such deductions shall not be made from the wages of employee unless the house accommodation, amenity or service has been accepted by him as a term of employment or as otherwise such deductions shall also not exceed an amount equivalent to the value of such amenity or service supplied the appropriate government may impose conditions for such purposeclause 23 of the bill seeks to provide for deductions for recovery of advancescertain conditions have been provided in the said clause subject to which the deductions shall be made for the recovery of advance of money given to an employee before and after the employment beganclause 24 of the bill seeks to provide deductions for recovery of loans and the manner for such recovery shall be provided in the rulesclause 25 of the bill seeks to provide that the provisions relating to payment of wages provided in chapter iii in the proposed code shall not be applicable to government establishments unless the appropriate government applies such provisions to any government establishment as may be specified by it by notificationclause 26 of the bill seeks to make provisions for eligibility for bonus the threshold limit for payment of the bonus is the wages not exceeding such amount per mensem as determined by notification, by the appropriate government where the wages of the employee exceeds such amount per mensem, as determined by notification, by the appropriate government, the bonus payable to such employee shall be calculated as if the wages of such employee were such amount, so determined by the appropriate government or the minimum wages fixed by the appropriate government, whichever is higher the other details regarding the payment of bonus have also been provided in this clauseclause 27 of the bill seeks to provide for proportionate reduction in bonus in case where an employee has not worked for all the working days in an accounting year, etcclause 28 of the bill seeks to provide for computation of the number of working days for the purposes where an employee has not worked for all the working days in an accounting year provisions have been made in this clause to cover certain days as working days as specified thereinclause 29 of the bill seeks to specify certain disqualifications, on the basis of dismissal from service for fraud, etc, for receiving bonusclause 30 of the bill seeks to provide for the purposes of computation of bonus that the establishment shall include its departments, undertakings and branches, where for any accounting year a separate balance sheet and profit and loss account are prepared and maintained in respect of any such department or undertaking or branch, then, such department or undertaking or branch shall be treated as a separate establishment for the purpose of computation of bonus for the accounting year, such department, undertaking or branch was, immediately before the commencement of that accounting year treated as part of the establishment for the purpose of computation of bonusclause 31 of the bill seeks to provide for payment of bonus out of allocable surplusit also empowers the appropriate government to notify the authority having jurisdiction for calling upon the employer to produce the balance sheet before itclause 32 of the bill seeks to provide for the computation of gross profit in the case of a banking company in accordance with the second schedule and in any other case in the manner specified in the third scheduleclause 33 of the bill seeks to provide for the computation of available surplus in respect of any accounting yearclause 34 of the bill seeks to specify the sums which shall be deducted from the gross profits as prior charges which includes the sums specified in the fourth scheduleclause 35 of the bill seeks to provide for the calculation of direct tax payable by the employer such direct tax for any accounting year shall be calculated at the rate applicable to the income of the employer for that year subject to the provisions specified in that clauseclause 36 of the bill seeks to provide for set on and set off of allocable surplus it provides as to how the allocable surplus exceeding the amount of maximum bonus payable to the employee shall subject to the limit of 20 per cent of the total salary or wages of the employee in that accounting year be carried forward for being set on in the succeeding accounting years up to and inclusive of fourth accounting year for the purpose of payment of bonus in the manner illustrated in the first schedule to the proposed code it further provides that where for any accounting year, there is no available surplus or the allocable surplus in respect of that year, falls short of the amount of the minimum bonus payable to the employees and there is no amount or sufficient amount carried forward and set on which could be utilised for the purpose of the minimum bonus, then, such minimum amount or the deficiency shall be carried forward for being set off in the succeeding accounting years and so on up to and inclusive of the fourth accounting year in the manner illustrated in the first schedule it also provides that the applicability of the first schedule in other cases and for the taking in to account at first instance the amount of set on or set off carried forward from the earliest accounting yearclause 37 of the bill seeks to provide for the adjustment of customary or interim bonus payable under the proposed legislationclause 38 of the bill seeks to provide for deduction of the amount of loss caused by the employee on account of misconduct from the amount of bonus payable by the employer to the employee in respect of the concerned accounting year only and the employee shall be entitled to receive the balance, if anyclause 39 of the bill seeks to provide the time limit for payment of bonus the bonus payable to an employee shall be paid by crediting in the bank account of the employee by his employer it also specifies regarding the extension of period for payment of bonus in certain cases and the upper limit of the extension which shall not exceed two years and in case of a dispute for payment at higher rate, the employer shall pay eight and one third per cent of the wages earned by the employee as per the provisions of the proposed legislation within the time limitclause 40 of the bill seeks to provide for the application of the provisions of chapter iv regarding the payment of bonus to establishments in public sector in certain cases as specified in the said clauseclause 41 of the bill seeks to provide for the non-applicability of the provisions of chapter iv regarding the payment of bonus in certain cases which, inter alia, include employees employed in life insurance corporation of india, indian red cross society or any other institution of a like nature including its branches, reserve bank of india, etc it also provides that the provisions regarding the payment of bonus shall apply to such establishments in which twenty or more persons employed or were employed on any day during an accounting yearclause 42 of the bill seeks to provide for central advisory board to be constituted by the central government which shall be tripartite in nature having representatives from employees, employers and independent persons as well as there will be one third representation of women in this board and the said board shall advice the central government on issues referred to it it also provides that every state government shall also constitute a state advisory board for advising the state government, inter alia, on fixation or revision of minimum wages, increasing employment opportunities, etc the state advisory board may constitute one or more committees or sub-committees to look into issues pertaining to matters specified in the clause one third members of the state advisory board shall be womenclause 43 of the bill seeks to provide the responsibility for payment of various dues of the employees in case of failure to pay the dues, the concerned company or firm or association or any other person who is the proprietor of the establishment shall be responsible for the payment of duesclause 44 of the bill seeks to provide for payment of various undisbursed dues of the employee in case of his death such dues will be paid to the persons nominated by the employee and where there is no such nomination or for any reasons such amount cannot be paid to the person nominated, then, the dues shall be deposited with the authority specified in the rules, who shall deal with the amount in the manner provided in such rules where the dues are paid by the employer in accordance with this clause by the employer, then, he shall be discharged of his liability to pay the duesclause 45 of the bill seeks to provide for appointment of authority by the appropriate government to decide the claim of employees which arises under the provisions of the proposed legislation the said authority shall have powers to award payment of claim amount along with compensation which may extend up to ten times of the claim amount further, if an employer fails to pay the amount of claim and compensation awarded by the authority, then, the said authority shall issue a recovery certificate to the collector or district magistrate of the district where the establishment is located who shall recover the same as arrears of land revenue and remit the same to the authority for payment to the concerned employee any application before the authority for claim referred above may be filed by the employee concerned or facilitator or by any trade union of which the employee is a memberclause 46 of the bill provides that if a dispute arises between an employer and his employees with respect to the bonus payable under the proposed legislation or the application of this code, in respect of bonus, to an establishment in public sector, then, such dispute shall be deemed to be an industrial dispute under the industrial disputes act, 1947clause 47 of the bill seeks to provide that if in any dispute referred to the authority, appellate authority, a tribunal or an arbitrator, any corporation or a company (other than a banking company) submits to the said authority, appellate authority, a tribunal or an arbitrator, the documents like balance sheet and profit and loss account duly audited by the comptroller and auditor general of india or by auditors duly qualified to act as auditors of companies under companies act, 2013, then, such documents shall be presumed to be accurate and it shall not be necessary for the corporation or company to prove the accuracy of such statements however, when an application is made to the said authority, appellate authority, tribunal or arbitrator by any employee or a trade union being a party to the dispute requiring any clarification to the said statements, then, on order of the authority, appellate authority, tribunal or arbitrator the concerned corporation or company, as the case may be, shall clarify the sameclause 48 of the bill seeks to provide for audit of accounts of employers not being corporations or companies where an employer fails to get the accounts audited then there is provision for getting the accounts audited by such auditor or auditors as the authority thinks fit and the expenses of and incidental to such audit including the remuneration of auditor or auditors shall be determined by the authority and be paid by the employer in case of failure of payment, this clause contains the provision for the recovery of such expensesclause 49 of the bill makes provisions for appeal against the order of the authority clause 50 of the bill seeks to provide for records, returns and notices the said clause makes provisions for the maintenance of register by the employer containing the details with regard to persons employed, muster roll, wages, and such other details in the manner to be specified in the rules by the appropriate government it also provides for the display of a notice on the notice board at a prominent place at the establishment containing the abstract of the proposed legislation, category-wise wage rates of employees, wage period, day or date and time of payment of wages and the name and address of the facilitator having jurisdiction there is provision for issue of wage slip the employer who employs not more than five persons for agriculture or domestic purpose is exempted from the provision but when demanded, he shall produce before the facilitator the reasonable proof of the payment of wages to the persons employedclause 51 of the bill seeks to provide for appointment of facilitators and their powersthe facilitator may supply information and advise to employer and workers concerning the most effective means of complying with the provisions of the proposed legislation the said clause also empowers the facilitators to inspect the establishment based on inspection schemeclause 52 of the bill seeks to provide for cognizance of offences under the provisions of the proposed legislation the cognizance of the offences shall be taken by the court on a complaint no court inferior to the metropolitan magistrate or magistrate of the first class shall try the offencesclause 53 of the bill seeks to provide penalties for offences enhanced penalties shall be imposed on the offender who is again found guilty of similar offence already committed by him, for which he has been convicted the facilitator shall, before initiation of prosecution proceedings, give an opportunity to the employer to comply with the provisions of the proposed legislation the prosecution proceedings shall not be initiated against the employer who complies with the said provisions within the period specified such opportunity shall not be accorded to an employer, if the violation of the same nature of the provisions of proposed legislation is repeated within a period of five years from the date on which the first violation was committedclause 54 of the bill seeks to provide for offences by companies if the offence is committed by a company, every person who at the time the offence was committed, was in charge of and was responsible to the company for the conduct of business of the company, as well as the company shall be deemed to be guilty of offence and shall be liable to be proceeded against and punished accordingly protection has been provided where offence has been committed without the knowledge or where all due diligence to prevent the commission of the offence has been exercised the director, manager, secretary or other officer of the company with the consent or connivance of whom the offence has been committed shall also be deemed to be guiltyclause 55 of the bill seeks to provide for composition of offences only the offences for which there is no punishment with imprisonment shall be compounded the compounding money shall be a sum of fifty per cent of maximum fine there is no compounding for a similar offence compounded earlier or for commission of which conviction was made committed for the second time or thereafter within a period of five yearsclause 56 of the bill seeks to provide bar of suits the matters in which the court shall not entertain the suit, inter alia, relate to the recovery of minimum wages, any deduction from wages, discrimination in wages and payment of bonusclause 57 of the bill seeks to provide for protection of action taken in good faith by the appropriate government or any officer of that government under the provisions of the proposed legislationclause 58 of the bill seeks to provide regarding burden of proof the burden of proving that the dues on account of remuneration or bonus, etc, have been paid shall be on the employerclause 59 of the bill seeks to provide that any contract or agreement whereby an employee relinquishes the right to any amount or the right to bonus due to him under the provisions of the proposed legislation shall be null and void in so far as it purports to remove or reduce the liability of any person to pay such amountclause 60 of the bill seeks to provide for overriding effect in respect of laws, agreements, etc, which are inconsistent with the provisions of the proposed legislation such laws, agreements, etc, shall not affect the provisions of the proposed legislationclause 61 of the bill seeks to provide for delegation of powers the appropriate government may, by notification, delegate the powers exercisable by it in the proposed code with or without any condition to the officer or authority subordinate to that government, etc, as may be specified in the notificationclause 62 of the bill seeks to provide for exemption of employer from liability in certain cases the employer who is charged with an offence under the provisions of the proposed legislation shall be entitled upon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before of the court at the time appointed for hearing the charge and if used he proves that he has, after the commission of the offence has been proved, due diligence to enforce the execution of the provisions of the proposed legislation and the other person committed the offence without his knowledge, consent or connivance, then, that other person shall be convicted of the offence and the employer shall be dischargedclause 63 of the bill seeks to provide for protection against attachment of assets of employer with governmentclause 64 of the bill seeks to provide for the powers of the central government to give directions to the state government for carrying into execution of the provisions of the proposed legislation and such directions shall be bindingclause 65 of the bill seeks to provide that the provisions of the proposed legislation shall not effect the provisions of the mahatma gandhi national rural employment guarantee act, 2005 and the coal mines provident fund and bonus schemes act, 1948, or of any scheme made there underclause 66 of the bill seeks to confer power upon the appropriate government to make rules such powers are of general nature for carrying out the provisions of the proposed legislation and also the matters on which such rules may be made have been specified there is provision for laying the rules, as the case may be, before the parliament or the state legislatureclause 67 of the bill seeks to confer power upon the central government to make provisions published in the official gazette and not inconsistent with the provisions of the proposed legislation for removing the difficulty such powers shall not be exercised after expiry of a period of two years from the commencement of the proposed legislation and every order published under this clause shall be laid before the each house of parliamentclause 68 of the bill seeks to provide for repeal of certain enactments, namely, the payment of wages act, 1936, the minimum wages act, 1948, the payment of bonus act, 1965 and the equal remuneration act, 1976, and saving of things done and action taken there under memorandum regarding delegated legislationclause 5 of the bill provides that no employer shall pay to any employee wages less than the minimum rate of wages notified by the appropriate government for the area, establishment or work as may be specified in the notification2 sub-clause (5) of clause 6 of the bill provides that the appropriate government may, by notification, fix factors by which the minimum wages so fixed be multiplied for different types of work3 sub-clause (1) of clause 9 of the bill empowers the central government to fix the national minimum wage, by notification proviso to the said clause further provides that different national minimum wages may be fixed for different states or different geographical areas4 clause 25 of the bill exempts the application of the provisions of this chapter iii of the bill to government establishments unless the appropriate government, by notification, applies such provisions to any government establishment specified in the said notification5 sub-clause (1) of clause 45 of the bill empowers the appropriate government to appoint by notification, one or more authorities, not below the rank of a gazetted officer, to hear and determine the claims which arises under the provisions of this bill6 sub-clause (1) of clause 49 of the bill empowers the appropriate government to appoint appellate authority having jurisdiction to hear appeals preferred by any person aggrieved by an order passed by the authority under sub-clause (2) of clause 457 sub-clause (1) of clause 51 of the bill empowers the appropriate government to appoint facilitators who shall exercise the powers conferred on them under sub-clause (4)of the said clause throughout the state or such geographical limits assigned to them, in relation to establishments situated in such state or geographical limits, as the case may be8 sub-clause (2) of clause 51 of the bill empowers the appropriate government to lay down an inspection scheme by notification, which shall also provide for generation of a web-based inspection schedule9 sub-clause (1) of clause 55 of the bill empowers the appropriate government to specify a gazetted officer for the purpose of compounding offences in accordance with the provisions of the said clause10 sub-clause (1) of clause 66 empowers the appropriate government, subject to the condition of previous publication, to make rules for carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include: (a) the manner of calculating the wages where such rates are fixed by the hour or by the day or by the month under sub-section (4)of section 6; (b) the cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting a normal working day shall not be entitled to receive wages for a full normal working day under section 10; (c) the extent to which, and subject to such conditions, the provisions of sub-section (1) of section 13 shall apply in relation to certain classes of employees, under sub-section (2) of that section; (d) the manner of fixation of minimum rate of wages by the hour, by the day or by such a longer wage period under section 14; (e) manner of deducting loans made from any fund constituted for the welfare of labour under sub-clause (ii) of clause (f) of sub-section (2) of section 18; (f) the manner of recovery of excess of amount under sub-section (4) of section18; (g) the authority to provide approval for imposition of fine under sub-section (1) of section 19; (h) the manner of exhibition of the acts and omissions to be specified in the notice under sub-section (2) of section 19; (i) the procedure for the imposition of fines under sub-section (3) of section 19; (j) the form of the register to record all fines and all realisations thereof under sub-section (8) of section 19; (k) the procedure for making deductions for absence from duty under sub-section (2) of section 20; (l) the procedure for making deductions for damage or loss under sub-section (2) of section 21; (m) the form of the register to record all deductions and all realisations thereof under sub-section (3) of section 21; (n) conditions for recovery of advance of money given to an employee after the employment began under clause (b) of section 23; (o) conditions for recovery of advances of wages to an employee not already earned under clause (c) of section 23; (p) deductions for recovery of loans and the rate of interest payable thereon under section 24; (q) manner of regulating the procedure by the central advisory board referred to in sub-section (1) of section 42 and the state advisory board referred to in sub-section (4) of the said section including that of the committees and sub-committees constituted by the state advisory board under sub-section (10) of section 42; (r) the term of members of the central advisory board, the state advisory board including the committees and sub-committees constituted by the state advisory board under sub-section (11) of section 42; (s) the authority and manner of depositing with such authority various undisbursed dues in case of death of employed person under clause (b) of sub-section (1) of section 44; (t) form of a single application in respect of a number of employees under sub-section (5) of section 45; (u) the form for making an appeal to the appellate authority by the aggrieved person under subsection (1) of section 49; (v) the manner of maintenance of a register by the employer to maintain the details of persons employed, muster roll, wages and such other details under sub-section (1) of section 50; (w) the manner of issuing wage slips under sub-section (3) of section 50; (x) the other powers to be exercised by the facilitators under sub-section (5) of section 51; (y) the manner of composition of offence by a gazetted officer specified under sub-section (4) of section 55; and (z) any other matter which is required to be or may be specified under the proposed legislation11 sub-clause (3) of clause 66 provides that every rule made by the central government is required to be laid before each house of parliament12 sub-clause (4) of clause 66 provides that every rule made under the said clause is required to be laid before state legislature13 the matter in respect of which rules may be made are matters of procedure or administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto consolidate and amend the laws relating to wages and bonus and matters connected therewith or incidental thereto————(shri bandaru dattatreya, minister of state for labour and employment)gmgipmrnd—1808ls(s3)—07-08-2017 the code on wages, 2017 [to be/as introduced in lok sabha]1 page (ii), in the arrangement of clauses, against clause 30,- for "establishment to" read "establishments to" 2 page 27, line 9,- for "constitutes by" read "constituted by" 3 page 39, line 4 from the bottom,- for "by cheque or by crediting the wages through digital or electronic mode in" read " by cheque or through digital or electronic mode or by crediting the wages in" 4 page 39, line 2 from the bottom,- for "by cheque or" read "by cheque or through digital or electronic mode or" new delhi; august 9, 2017______ shravana 18, 1939 (saka)

Parliament_bills

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the consumer protection bill, 2019—————— arrangement of clauses—————— chapter i preliminary clauses1short title, extent, commencement and application2definitions chapter ii consumer protection council3central consumer protection council4procedure for meetings of central council5objects of central council6state consumer protection councils7objects of state council8district consumer protection council9objects of district council chapter iii central consumer protection authority10establishment of central consumer protection authority11qualifications, method of recruitment, etc, of chief commissioner and commissioners12vacancy, etc, not to invalidate proceedings of central authority13appointment of officers, experts, professionals and other employees of centralauthority14procedure of central authority15investigation wing16power of district collector17complaints to authorities18powers and functions of central authority19power of central authority to refer matter for investigation or to other regulator20power of central authority to recall goods, etc21power of central authority to issue directions and penalties against false ormisleading advertisements22search and seizure clauses23designation of any statutory authority or body to function as central authority24appeal25grants by central government26accounts and audit27furnishing of annual reports, etc chapter iv consumer disputes redressal commission28establishment of district consumer disputes redressal commission29qualifications, etc, of president and members of district commission30salaries, allowances and other terms and conditions of service of president andmembers of district commission31transitional provision32vacancy in office of member of district commission33officers and other employees of district commission34jurisdiction of district commission35manner in which complaint shall be made36proceedings before district commission37reference to mediation38procedure on admission of complaint39findings of district commission40review by district commission in certain cases41appeal against order of district commission42establishment of state consumer disputes redressal commission43qualifications, etc, of president and members of state commission44salaries, allowances and other terms and conditions of service of president andmembers of state commission45transitional provision46officers and employees of state commission47jurisdiction of state commission48transfer of cases49procedure applicable to state commission50review by state commission in certain cases51appeal to national commission52hearing of appeal53establishment of national consumer disputes redressal commission54composition of national commission55qualifications, etc, of president and members of national commission56transitional provision57other officers and employees of national commission clauses58jurisdiction of national commission59procedure applicable to national commission60review by national commission in certain cases61power to set aside ex parte orders62transfer of cases63vacancy in office of president of national commission64vacancies or defects in appointment not to invalidate orders65service of notice, etc66experts to assist national commission or state commission67appeal against order of national commission68finality of orders69limitation period70administrative control71enforcement of orders of district commission, state commission and national commission72penalty for non-compliance of order73appeal against order passed under section 72 chapter v mediation74establishment of consumer mediation cell75empanelment of mediators76nomination of mediators from panel77duty of mediator to disclose certain facts78replacement of mediator in certain cases79procedure for mediation80settlement through mediation81recording settlement and passing of order chapter vi product liability82application of chapter83product liability action84liability of product manufacturer85liability of product service provider86liability of product sellers87exceptions to product liability action chapter vii offences and penalties88penalty for non-compliance of direction of central authority clauses89punishment for false or misleading advertisement90punishment for manufacturing for sale or storing, selling or distributing or importing products containing adulterant91punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods92cognizance of offence by court93vexatious search chapter viii miscellaneous94measures to prevent unfair trade practices in e-commerce, direct selling, etc95presidents, members, chief commissioner, commissioner and certain officers to be public servants96compounding of offences97manner of crediting penalty98protection of action taken in good faith99power to give directions by central government100act not in derogation of any other law101power of central government to make rules102power of state government to make rules103power of national commission to make regulations104power of central authority to make regulations105rules and regulations to be laid before each house of parliament106power to remove difficulties107repeal and savings bill no 144 of 2019 the consumer protection bill, 2019 a billto provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers' disputes and for matters connected therewith or incidental thereto be it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the consumer protection act, 2019(2) it extends to the whole of india except the state of jammu and kashmirshort title, extent, commencement and application(3) it shall come into force on such date as the central government may, by notification, appoint and different dates may be appointed for different states and for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provisiondefinitions2 in this act, unless the context otherwise requires,—(1) "advertisement" means any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents;5(2) "appropriate laboratory" means a laboratory or an organisation—(i) recognised by the central government; or (ii) recognised by a state government, subject to such guidelines as may be issued by the central government in this behalf; or10(iii) established by or under any law for the time being in force, which is maintained, financed or aided by the central government or a state government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect; (3) "branch office" means—15(i) any office or place of work described as a branch by the establishment; or (ii) any establishment carrying on either the same or substantially the same activity carried on by the head office of the establishment; (4) "central authority" means the central consumer protection authority established under section 10;20(5) "complainant" means—(i) a consumer; or (ii) any voluntary consumer association registered under any law for the time being in force; or(iii) the central government or any state government; or25(iv) the central authority; or(v) one or more consumers, where there are numerous consumers having the same interest; or(vi) in case of death of a consumer, his legal heir or legal representative; or (vii) in case of a consumer being a minor, his parent or legal guardian30(6) "complaint" means any allegation in writing, made by a complainant for obtaining any relief provided by or under this act, that—(i) an unfair contract or unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;35(ii) the goods bought by him or agreed to be bought by him suffer from one or more defects;(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from any deficiency;(iv) a trader or a service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—40(a) fixed by or under any law for the time being in force; or (b) displayed on the goods or any package containing such goods; or (c) displayed on the price list exhibited by him by or under any law for the time being in force; or(d) agreed between the parties;5(v) the goods, which are hazardous to life and safety when used, are being offered for sale to the public—| ( | a | ) in contravention of standards relating to safety of such goods ||----------------------------------------------------------------------------|-----|--------------------------------------------------------------------|| as required to be complied with, by or under any law for the time being in | | || force; | | || 10 | | || ( | b | ) where the trader knows that the goods so offered are unsafe to || the public; | | |(vi) the services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by a person who provides any service and who knows it to be injurious to life and safety;15(vii) a claim for product liability action lies against the product manufacturer, product seller or product service provider, as the case may be; (7) "consumer" means any person who—20(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or25 30(ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purposeexplanation—for the purposes of this clause,—35(a) the expression "commercial purpose" does not include use by aperson of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;(b) the expressions "buys any goods" and "hires or avails any services" includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing;40(8) "consumer dispute" means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint;(9) "consumer rights" includes,—(i) the right to be protected against the marketing of goods, products or services which are hazardous to life and property;45(ii) the right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be, so as to protect the consumer against unfair trade practices;(iii) the right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices;(iv) the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate fora;5(v) the right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers; and(vi) the right to consumer awareness;10(10) "defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods or product and the expression "defective" shall be construed accordingly;15(11) "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes—(i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and20(ii) deliberate withholding of relevant information by such person to the consumer; (12) "design", in relation to a product, means the intended or known physical and material characteristics of such product and includes any intended or known formulation or content of such product and the usual result of the intended manufacturing or other process used to produce such product;25(13) "direct selling" means marketing, distribution and sale of goods or provision of services through a network of sellers, other than through a permanent retail location;(14) "director-general" means the director-general appointed under sub-section (2) of section 15;30(15) "district commission" means a district consumer disputes redressal commission established under sub-section (1) of section 28;(16) "e-commerce" means buying or selling of goods or services including digital products over digital or electronic network;35(17) "electronic service provider" means a person who provides technologies or processes to enable a product seller to engage in advertising or selling goods or services to a consumer and includes any online market place or online auction sites;(18) "endorsement", in relation to an advertisement, means—(i) any message, verbal statement, demonstration; or(ii) depiction of the name, signature, likeness or other identifiable personalcharacteristics of an individual; or40(iii) depiction of the name or seal of any institution or organisation,which makes the consumer to believe that it reflects the opinion, finding or experience of the person making such endorsement;45(19) "establishment" includes an advertising agency, commission agent, manufacturing, trading or any other commercial agency which carries on any business, trade or profession or any work in connection with or incidental or ancillary to any commercial activity, trade or profession, or such other class or classes of persons including public utility entities in the manner as may be prescribed;5(20) "express warranty" means any material statement, affirmation of fact, promise or description relating to a product or service warranting that it conforms to such material statement, affirmation, promise or description and includes any sample or model of a product warranting that the whole of such product conforms to such sample or model;34 of 200610(21) "goods" means every kind of movable property and includes "food" as defined in clause (j) of sub-section (1) of section 3 of the food safety and standards act, 2006;(22) "harm", in relation to a product liability, includes—(i) damage to any property, other than the product itself; (ii) personal injury, illness or death;15(iii) mental agony or emotional distress attendant to personal injury or illness or damage to property; or(iv) any loss of consortium or services or other loss resulting from a harm referred to in sub-clause (i) or sub-clause (ii) or sub-clause (iii),20but shall not include any harm caused to a product itself or any damage to the property on account of breach of warranty conditions or any commercial or economic loss, including any direct, incidental or consequential loss relating thereto; (23) "injury" means any harm whatever illegally caused to any person, in body, mind or property;(24) "manufacturer" means a person who—25(i) makes any goods or parts thereof; or (ii) assembles any goods or parts thereof made by others; or (iii) puts or causes to be put his own mark on any goods made by any other person;30(25) "mediation" means the process by which a mediator mediates the consumer disputes;(26) "mediator" means a mediator referred to in section 75; (27) "member" includes the president and a member of the national commission or a state commission or a district commission, as the case may be;35(28) "misleading advertisement" in relation to any product or service, means an advertisement, which—(i) falsely describes such product or service; or (ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or(iii) conveys an express or implied representation which, if made by themanufacturer or seller or service provider thereof, would constitute an unfair trade practice; or(iv) deliberately conceals important information;(29) "national commission" means the national consumer disputes redressal commission established under sub-section (1) of section 53;(30) "notification" means a notification published in the official gazette and the term "notify" shall be construed accordingly;(31) "person" includes—(i) an individual; (ii) a firm whether registered or not;5(iii) a hindu undivided family; (iv) a co-operative society;21 of 1860(v) an association of persons whether registered under the societies registration act, 1860 or not;10(vi) any corporation, company or a body of individuals whether incorporated or not;(vii) any artificial juridical person, not falling within any of the preceding sub-clauses;15(32) "prescribed" means prescribed by rules made by the central government, or, as the case may be, the state government;20(33) "product" means any article or goods or substance or raw material or any extended cycle of such product, which may be in gaseous, liquid, or solid state possessing intrinsic value which is capable of delivery either as wholly assembled or as a component part and is produced for introduction to trade or commerce, but does not include human tissues, blood, blood products and organs;(34) "product liability" means the responsibility of a product manufacturer or product seller, of any product or service, to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating thereto;25(35) "product liability action" means a complaint filed by a person before a district commission or state commission or national commission, as the case may be, for claiming compensation for the harm caused to him;(36) "product manufacturer" means a person who—(i) makes any product or parts thereof; or (ii) assembles parts thereof made by others; or30(iii) puts or causes to be put his own mark on any products made by any other person; or35(iv) makes a product and sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains such product or is otherwise involved in placing such product for commercial purpose; or(v) designs, produces, fabricates, constructs or re-manufactures any product before its sale; or(vi) being a product seller of a product, is also a manufacturer of such product;40(37) "product seller", in relation to a product, means a person who, in the course of business, imports, sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains, or otherwise is involved in placing such product for commercial purpose and includes—(i) a manufacturer who is also a product seller; or(ii) a service provider, but does not include—(a) a seller of immovable property, unless such person is engaged in the sale of constructed house or in the construction of homes or flats;5(b) a provider of professional services in any transaction in which, the sale or use of a product is only incidental thereto, but furnishing of opinion, skill or services being the essence of such transaction;(c) a person who—(i) acts only in a financial capacity with respect to the sale of the product;10(ii) is not a manufacturer, wholesaler, distributor, retailer, direct seller or an electronic service provider;15(iii) leases a product, without having a reasonable opportunity to inspect and discover defects in the product, under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor;(38) "product service provider", in relation to a product, means a person who provides any service in respect of such product;(39) "regulations" means the regulations made by the national commission, or as the case may be, the central authority;20(40) "regulator" means a body or any authority established under any other law for the time being in force;25(41) "restrictive trade practice" means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include—(i) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price;30(ii) any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as condition precedent for buying, hiring or availing of other goods or services;35(42) "service" means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;(43) "spurious goods" means such goods which are falsely claimed to be genuine;40(44) "state commission" means a state consumer disputes redressalcommission established under sub-section (1) of section 42;(45) "trader", in relation to any goods, means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and where such goods are sold or distributed in package form, includes the packer thereof;45(46) "unfair contract" means a contract between a manufacturer or trader orservice provider on one hand, and a consumer on the other, having such terms whichcause significant change in the rights of such consumer, including the following, namely:—(i) requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; or5(ii) imposing any penalty on the consumer, for the breach of contract thereof which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract; or(iii) refusing to accept early repayment of debts on payment of applicable penalty; or10(iv) entitling a party to the contract to terminate such contract unilaterally, without reasonable cause; or(v) permitting or has the effect of permitting one party to assign the contract to the detriment of the other party who is a consumer, without his consent; or15(vi) imposing on the consumer any unreasonable charge, obligation or condition which puts such consumer to disadvantage; (47) "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:—20(i) making any statement, whether orally or in writing or by visible representation including by means of electronic record, which—(a) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model;25(b) falsely represents that the services are of a particular standard, quality or grade;(c) falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods;30(d) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have;(e) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;(f) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services;35(g) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof:40provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence;(h) makes to the public a representation in a form that purports to be—(a) a warranty or guarantee of a product or of any goods or services; or45(b) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out;5(i) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made;10(j) gives false or misleading facts disparaging the goods, services or trade of another person explanation—for the purposes of this sub-clause, a statement that is,—(a) expressed on an article offered or displayed for sale, or on its wrapper or container; or15(b) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or(c) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public,20shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained;25(ii) permitting the publication of any advertisement, whether in any newspaper or otherwise, including by way of electronic record, for the sale or supply at a bargain price of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisementexplanation—for the purpose of this sub-clause, "bargain price" means,—30(a) a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise; or(b) a price that a person who reads, hears or sees the advertisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold;35(iii) permitting—(a) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged, in the transaction as a whole;40(b) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest, except such contest, lottery, game of chance or skill as may be prescribed;45(c) withholding from the participants of any scheme offering gifts, prizes or other items free of charge on its closure, the information about final results of the schemeexplanation—for the purpose of this sub-clause, the participants of a scheme shall be deemed to have been informed of the final results of the scheme where such results are within a reasonable time published, prominently in the same newspaper in which the scheme was originally advertised;5(iv) permitting the sale or supply of goods intended to be used, or are ofa kind likely to be used by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by the competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods;10(v) permitting the hoarding or destruction of goods, or refusal to sell thegoods or to make them available for sale or to provide any service, if such hoarding or destruction or refusal raises or tends to raise or is intended to raise, the cost of those or other similar goods or services;15(vi) manufacturing of spurious goods or offering such goods for sale oradopting deceptive practices in the provision of services;(vii) not issuing bill or cash memo or receipt for the goods sold or servicesrendered in such manner as may be prescribed;20(viii) refusing, after selling goods or rendering services, to take back orwithdraw defective goods or to withdraw or discontinue deficient services and to refund the consideration thereof, if paid, within the period stipulated in the bill or cash memo or receipt or in the absence of such stipulation, within a period of thirty days;25(ix) disclosing to other person any personal information given inconfidence by the consumer unless such disclosure is made in accordance with the provisions of any law for the time being in force chapter ii consumer protection council303 (1) the central government shall, by notification, establish with effect from such date as it may specify in that notification, the central consumer protection council to be known as the central councilcentral consumer protection council(2) the central council shall be an advisory council and consist of the following members, namely:—35(a) the minister-in-charge of the department of consumer affairs in the central government, who shall be the chairperson; and(b) such number of other official or non-official members representing such interests as may be prescribed 4 (1) the central council shall meet as and when necessary, but at least one meeting of the council shall be held every yearprocedure for meetings of central council40(2) the central council shall meet at such time and place as the chairperson may thinkfit and shall observe such procedure in regard to the transaction of its business as may be prescribed5 the objects of the central council shall be to render advice on promotion and protection of the consumers' rights under this actobjects of central council6 (1) every state government shall, by notification, establish with effect from such date as it may specify in such notification, a state consumer protection council for such state to be known as the state councilstate consumer protection councils(2) the state council shall be an advisory council and consist of the following members, namely:—5(a) the minister-in-charge of consumer affairs in the state government who shall be the chairperson;(b) such number of other official or non-official members representing such interests as may be prescribed;10(c) such number of other official or non-official members, not exceeding ten, as may be nominated by the central government (3) the state council shall meet as and when necessary but not less than two meetings shall be held every year15(4) the state council shall meet at such time and place as the chairperson may think fit and shall observe such procedure in regard to the transaction of its business, as may be prescribedobjects of state council7 the objects of every state council shall be to render advice on promotion and protection of consumer rights under this act within the state208 (1) the state government shall, by notification, establish for every district with effect from such date as it may specify in such notification, a district consumer protection council to be known as the district councildistrict consumer protection council(2) the district council shall be an advisory council and consist of the following members, namely:—(a) the collector of the district (by whatever name called), who shall be the chairperson; and25(b) such number of other official and non-official members representing such interests as may be prescribed (3) the district council shall meet as and when necessary but not less than two meetings shall be held every year30(4) the district council shall meet at such time and place within the district as the chairperson may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed9 the objects of every district council shall be to render advice on promotion and protection of consumer rights under this act within the districtobjects of district council chapter iii35 central consumer protection authorityestablishment of central consumer protection authority4010 (1) the central government shall, by notification, establish with effect from such date as it may specify in that notification, a central consumer protection authority to be known as the central authority to regulate matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class(2) the central authority shall consist of a chief commissioner and such number of other commissioners as may be prescribed, to be appointed by the central government to exercise the powers and discharge the functions under this act45(3) the headquarters of the central authority shall be at such place in the national capital region of delhi, and it shall have regional and other offices in any other place in india as the central government may decide511 the central government may, by notification, make rules to provide for the qualifications for appointment, method of recruitment, procedure for appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of the service of the chief commissioner and commissioners of the central authorityqualifications, method of recruitment, etc, of chief commissioner and commissioners12 no act or proceeding of the central authority shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the central authority; or10vacancy, etc, not to invalidate proceedings of central authority(b) any defect in the appointment of a person acting as the chief commissioner or as a commissioner; or(c) any irregularity in the procedure of the central authority not affecting the merits of the case1513 (1) the central government shall provide the central authority such number of officers and other employees as it considers necessary for the efficient performance of its functions under this actappointment of officers, experts, professionals and other employees of central authority(2) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the central authority appointed under this act shall be such as may be prescribed20 25(3) the central authority may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and ability, who have special knowledge and experience in the areas of consumer rights and welfare, consumer policy, law, medicine, food safety, health, engineering, product safety, commerce, economics, public affairs or administration, as it deems necessary to assist it in the discharge of its functions under this actprocedure of central authority14 (1) the central authority shall regulate the procedure for transaction of its business and allocation of its business amongst the chief commissioner and commissioners as may be specified by regulations(2) the chief commissioner shall have the powers of general superintendence, direction and control in respect of all administrative matters of the central authority:30provided that the chief commissioner may delegate such of his powers relating to administrative matters of the central authority, as he may think fit, to any commissioner (including commissioner of a regional office) or any other officer of the central authorityinvestigation wing3515 (1) the central authority shall have an investigation wing headed by a directorgeneral for the purpose of conducting inquiry or investigation under this act as may be directed by the central authority40(2) the central government may appoint a director general and such number of additional director general, director, joint director, deputy director and assistant director, from amongst persons who have experience in investigation and possess such qualifications, in such manner, as may be prescribed(3) every additional director general, director, joint director, deputy director and assistant director shall exercise his powers, and discharge his functions, subject to the general control, supervision and direction of the director-general45(4) the director general may delegate all or any of his powers to the additionaldirector general or director, joint director or deputy director or assistant director, as the case may be, while conducting inquiries or investigations under this act(5) the inquiries or the investigations made by the director general shall be submitted to the central authority in such form, in such manner and within such time, as may be specified by regulations5power of district collector16 the district collector (by whatever name called) may, on a complaint or on areference made to him by the central authority or the commissioner of a regional office, inquire into or investigate complaints regarding violation of rights of consumers as a class, on matters relating to violations of consumer rights, unfair trade practices and false or misleading advertisements, within his jurisdiction and submit his report to the central authority or to the commissioner of a regional office, as the case may be10complaints to authorities17 a complaint relating to violation of consumer rights or unfair trade practices orfalse or misleading advertisements which are prejudicial to the interests of consumers as a class, may be forwarded either in writing or in electronic mode, to any one of the authorities, namely, the district collector or the commissioner of regional office or the central authority18 (1) the central authority shall—15powers and functions of central authority(a) protect, promote and enforce the rights of consumers as a class, and preventviolation of consumers rights under this act;(b) prevent unfair trade practices and ensure that no person engages himself inunfair trade practices;20(c) ensure that no false or misleading advertisement is made of any goods orservices which contravenes the provisions of this act or the rules or regulations made thereunder;(d) ensure that no person takes part in the publication of any advertisementwhich is false or misleading25(2) without prejudice to the generality of the provisions contained in sub-section (1), the central authority may, for any of the purposes aforesaid,—| ( | a | ) inquire or cause an inquiry or investigation to be made into violations of ||---------------------------------------------------------------------------------------|----------|--------------------------------------------------------------------------------|| consumer rights or unfair trade practices, either | suo motu | or on a complaint received or || on the directions from the central government; | | || 30 | | || ( | b | ) file complaints before the district commission, the state commission or the || national commission, as the case may be, under this act; | | || ( | c | ) intervene in any proceedings before the district commission or state || commission or national commission, as the case may be, in respect of any allegation | | || of violation of consumer rights or unfair trade practices; | | || 35 | | || ( | d | ) review the matters relating to, and the factors inhibiting enjoyment of, || consumer rights, including safeguards provided for the protection of consumers under | | || any other law for the time being in force and recommend appropriate remedial measures | | || for their effective implementation; | | |(e) recommend adoption of international covenants and best internationalpractices on consumer rights to ensure effective enforcement of consumer rights;40(f) undertake and promote research in the field of consumer rights; (g) spread and promote awareness on consumer rights; (h) encourage non-governmental organisations and other institutions workingin the field of consumer rights to co-operate and work with consumer protection agencies;45(i) mandate the use of unique and universal goods identifiers in such goods, asmay be necessary, to prevent unfair trade practices and to protect consumers' interest;(j) issue safety notices to alert consumers against dangerous or hazardous or unsafe goods or services;(k) advise the ministries and departments of the central and state governments on consumer welfare measures;5(l) issue necessary guidelines to prevent unfair trade practices and protect consumers' interest10power of central authority to refer matter for investigation or to other regulator19 (1) the central authority may, after receiving any information or complaint or directions from the central government or of its own motion, conduct or cause to be conducted a preliminary inquiry as to whether there exists a prima facie case of violation of consumer rights or any unfair trade practice or any false or misleading advertisement, by any person, which is prejudicial to the public interest or to the interests of consumers and if it is satisfied that there exists a prima facie case, it shall cause investigation to be made by the director general or by the district collector15(2) where, after preliminary inquiry, the central authority is of the opinion that the matter is to be dealt with by a regulator established under any other law for the time being in force, it may refer such matter to the concerned regulator along with its report(3) for the purposes of investigation under sub-section (1), the central authority, the director general or the district collector may call upon a person referred to in sub-section (1) and also direct him to produce any document or record in his possession2020 where the central authority is satisfied on the basis of investigation that there is sufficient evidence to show violation of consumer rights or unfair trade practice by a person, it may pass such order as may be necessary, including—power of central authority to recall goods, etc(a) recalling of goods or withdrawal of services which are dangerous, hazardousor unsafe;25(b) reimbursement of the prices of goods or services so recalled to purchasers ofsuch goods or services; and(c) discontinuation of practices which are unfair and prejudicial to consumers'interest:30provided that the central authority shall give the person an opportunity of being heard before passing an order under this section3521 (1) where the central authority is satisfied after investigation that any advertisement is false or misleading and is prejudicial to the interest of any consumer or is in contravention of consumer rights, it may, by order, issue directions to the concerned trader or manufacturer or endorser or advertiser or publisher, as the case may be, to discontinue such advertisement or to modify the same in such manner and within such time as may be specified in that orderpower of central authority to issue directions and penalties against false or misleading advertisements(2) notwithstanding the order passed under sub-section (1), if the central authority is of the opinion that it is necessary to impose a penalty in respect of such false or misleading advertisement, by a manufacturer or an endorser, it may, by order, impose on manufacturer or endorser a penalty which may extend to ten lakh rupees:provided that the central authority may, for every subsequent contravention by a manufacturer or endorser, impose a penalty, which may extend to fifty lakh rupees(3) notwithstanding any order under sub-sections (1) and (2), where the central authority deems it necessary, it may, by order, prohibit the endorser of a false or misleading advertisement from making endorsement of any product or service for a period which may extend to one year:provided that the central authority may, for every subsequent contravention, prohibit such endorser from making endorsement in respect of any product or service for a period which may extend to three years5(4) where the central authority is satisfied after investigation that any person is found to publish, or is a party to the publication of, a misleading advertisement, it may impose on such person a penalty which may extend to ten lakh rupees(5) no endorser shall be liable to a penalty under sub-sections (2) and (3) if he has exercised due diligence to verify the veracity of the claims made in the advertisement regarding the product or service being endorsed by him10(6) no person shall be liable to such penalty if he proves that he had published orarranged for the publication of such advertisement in the ordinary course of his business:provided that no such defence shall be available to such person if he had previous knowledge of the order passed by the central authority for withdrawal or modification of such advertisement15(7) while determining the penalty under this section, regard shall be had to the following, namely:—(a) the population and the area impacted or affected by such offence; (b) the frequency and duration of such offence;20(c) the vulnerability of the class of persons likely to be adversely affected bysuch offence; and(d) the gross revenue from the sales effected by virtue of such offence(8) the central authority shall give the person an opportunity of being heard before an order under this section is passedsearch and seizure2522 (1) for the purpose of conducting an investigation after preliminary inquiry under sub-section (1) of section 19, the director general or any other officer authorised by him in this behalf, or the district collector, as the case may be, may, if he has any reason to believe that any person has violated any consumer rights or committed unfair trade practice or causes any false or misleading advertisement to be made, shall,—30(a) enter at any reasonable time into any such premises and search for anydocument or record or article or any other form of evidence and seize such document, record, article or such evidence;(b) make a note or an inventory of such record or article; or(c) require any person to produce any record, register or other document or article352 of 1974(2) the provisions of the code of criminal procedure, 1973, relating to search andseizure shall apply, as far as may be, for search and seizure under this act40(3) every document, record or article seized under clause (a) of sub-section (1) or produced under clause (c) of that sub-section shall be returned to the person, from whom they were seized or who produced the same, within a period of twenty days of the date of such seizure or production, as the case may be, after copies thereof or extracts therefrom certified by that person, in such manner as may be prescribed, have been taken(4) where any article seized under sub-section (1) are subject to speedy or natural decay, the director general or such other officer may dispose of the article in such manner as may be prescribed45(5) in the case of articles other than the articles referred to in sub-section (4) , provisionscontained in clause (c) of sub-section (2) of section 38 shall mutatis mutandis apply inrelation to analysis or tests23 the central government may, if it considers necessary, by notification, designate any statutory authority or body to exercise the powers and perform the functions of the central authority referred to in section 10designation of any statutory authority or body to function as central authority appeal524 a person aggrieved by any order passed by the central authority undersections 20 and 21 may file an appeal to the national commission within a period of thirty days from the date of receipt of such ordergrants by central government25 the central government may, after due appropriation made by parliament by law inthis behalf, make to the central authority grants of such sums of money as that government may think fit for being utilised for the purposes of this act10accounts and audit26 (1) the central authority shall maintain proper accounts and other relevant recordsand prepare an annual statement of accounts in such form and manner as may be prescribed in consultation with the comptroller and auditor-general of india15(2) the accounts of the central authority shall be audited by the comptroller andauditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the central authority to the comptroller and auditor-general of india20(3) the comptroller and auditor-general of india or any other person appointed byhim in connection with the audit of the accounts of the central authority 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 central authority25(4) the accounts of the central authority as certified by the comptroller andauditor-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 which shall cause the same to be laid before each house of parliamentfurnishing of annual reports, etc3027 (1) the central authority shall prepare once in every year, in such form, mannerand at such time as may be prescribed, an annual report giving full account of its activities during the previous year and such other reports and returns, as may be directed, and copies of such report and returns shall be forwarded to the central government(2) a copy of the annual report received under sub-section (1) shall be laid, as soon as may be after it is received, before each house of parliament chapter iv35 consumer disputes redressal commission28 (1) the state government shall, by notification, establish a district consumer disputes redressal commission, to be known as the district commission, in each district of the state:establishment of district consumer disputes redressal commission40provided that the state government may, if it deems fit, establish more than one district commission in a district(2) each district commission shall consist of—(a) a president; and (b) not less than two and not more than such number of members as may be prescribed, in consultation with the central government 29 the central government may, by notification, make rules to provide for the qualifications, method of recruitment, procedure for appointment, term of office, resignation and removal of the president and members of the district commissionqualifications, etc, of president and members of district commission530 the state government may, by notification, make rules to provide for salaries and allowances and other terms and conditions of service of the president, and members of the district commissionsalaries, allowances and other terms and conditions of service of president and members of district commissiontransitional provision1031 any person appointed as president or, as the case may be, a member of the district commission immediately before the commencement of this act shall hold office as such as president or, as the case may be, as member till the completion of his term for which he has been appointed32 if, at any time, there is a vacancy in the office of the president or member of a district commission, the state government may, by notification, direct—vacancy in office of member of district commission(a) any other district commission specified in that notification to exercise the jurisdiction in respect of that district also; or15(b) the president or a member of any other district commission specified in that notification to exercise the powers and discharge the functions of the president or member of that district commission also2033 (1) the state government shall provide the district commission with such officers and other employees as may be required to assist the district commission in the discharge of its functionsofficers and other employees of district commission(2) the officers and other employees of the district commission shall discharge their functions under the general superintendence of the president of the district commission25(3) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the district commission shall be such as may be prescribedjurisdiction of district commission34 (1) subject to the other provisions of this act, the district commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees:30provided that where the central government deems it necessary so to do, it may prescribe such other value, as it deems fit(2) a complaint shall be instituted in a district commission within the local limits of whose jurisdiction,—(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or35(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the district commission is given; or40(c) the cause of action, wholly or in part, arises; or (d) the complainant resides or personally works for gain(3) the district commission shall ordinarily function in the district headquarters and may perform its functions at such other place in the district, as the state government may, in consultation with the state commission, notify in the official gazette from time to time535 (1) a complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a district commission by—manner in which complaint shall be made(a) the consumer,—(i) to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided; or(ii) who alleges unfair trade practice in respect of such goods or service;10(b) any recognised consumer association, whether the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided, or who alleges unfair trade practice in respect of such goods or service, is a member of such association or not;15(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the district commission, on behalf of, or for the benefit of, all consumers so interested; or(d) the central government, the central authority or the state government, as the case may be:20provided that the complaint under this sub-section may be filed electronically in such manner as may be prescribedexplanation—for the purposes of this sub-section, "recognised consumer association" means any voluntary consumer association registered under any law for the time being in force25(2) every complaint filed under sub-section (1) shall be accompanied with such fee and payable in such manner, including electronic form, as may be prescribed36 (1) every proceeding before the district commission shall be conducted by the president of that commission and atleast one member thereof, sitting together:proceedings before districtcommission30provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the president and the other member shall continue the proceeding from the stage at which it was last heard by the previous member(2) on receipt of a complaint made under section 35, the district commission may, by order, admit the complaint for being proceeded with or reject the same:35provided that a complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant:provided further that the admissibility of the complaint shall ordinarily be decidedwithin twenty-one days from the date on which the complaint was filed(3) where the district commission does not decide the issue of admissibility of the complaint within the period so specified, it shall be deemed to have been admitted40reference to mediation37 (1) at the first hearing of the complaint after its admission, or at any later stage, ifit appears to the district commission that there exists elements of a settlement which may be acceptable to the parties, except in such cases as may be prescribed, it may direct the parties to give in writing, within five days, consent to have their dispute settled by mediation in accordance with the provisions of chapter v45(2) where the parties agree for settlement by mediation and give their consent in writing, the district commission shall, within five days of receipt of such consent, refer the matter for mediation, and in such case, the provisions of chapter v, relating to mediation, shall apply38 (1) the district commission shall, on admission of a complaint, or in respect of cases referred for mediation on failure of settlement by mediation, proceed with such complaintprocedure on admission of complaint5(2) where the complaint relates to any goods, the district commission shall,—(a) refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by it;10(b) if the opposite party on receipt of a complaint referred to him under clause (a)denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the district commission, proceed to settle the consumer dispute in the manner specified in clauses (c) to (g);15 20(c) if the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, obtain a sample of the goods from the complainant, seal it and authenticate it in the manner as may be prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory to make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the district commission within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by it;25(d) before any sample of the goods is referred to any appropriate laboratory under clause (c), require the complainant to deposit to the credit of the commission such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question;30(e) remit the amount deposited to its credit under clause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, it shall forward a copy of the report along with such remarks as it may feel appropriate to the opposite party;(f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, require the opposite party or the complainant to submit in writing his objections with regard to the report made by the appropriate laboratory;35(g) give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause (f) and issue an appropriate order under section 3940(3) the district commission shall, if the complaint admitted by it under section 36relates to goods in respect of which the procedure specified in sub-section (2) cannot be followed, or if the complaint relates to any services,—(a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the district commission;45(b) if the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the district commission, it shall proceed to settle the consumer dispute—(i) on the basis of evidence brought to its notice by the complainant and the opposite party, if the opposite party denies or disputes the allegations contained in the complaint, or5(ii) ex parte on the basis of evidence brought to its notice by the complainant, where the opposite party omits or fails to take any action to represent his case within the time given by the commission; (c) decide the complaint on merits if the complainant fails to appear on the date of hearing10(4) for the purposes of sub-sections (2) and (3), the district commission may, by order, require an electronic service provider to provide such information, documents or records, as may be specified in that order(5) no proceedings complying with the procedure laid down in sub-sections (1) and(2) shall be called in question in any court on the ground that the principles of natural justice have not been complied with15(6) every complaint shall be heard by the district commission on the basis of affidavit and documentary evidence placed on record:provided that where an application is made for hearing or for examination of parties in person or through video conferencing, the district commission may, on sufficient cause being shown, and after recording its reasons in writing, allow the same20(7) every complaint shall be disposed of as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities:25provided that no adjournment shall ordinarily be granted by the district commission unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the commission:provided further that the district commission shall make such orders as to the costs occasioned by the adjournment as may be specified by regulations:30provided also that in the event of a complaint being disposed of after the period so specified, the district commission shall record in writing, the reasons for the same at the time of disposing of the said complaint(8) where during the pendency of any proceeding before the district commission, if it appears necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case35 5 of 1908(9) for the purposes of this section, the district commission shall have the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit in respect of the following matters, namely:—(a) the summoning and enforcing the attendance of any defendant or witnessand examining the witness on oath;40(b) requiring the discovery and production of any document or other materialobject as evidence;(c) receiving of evidence on affidavits; (d) the requisitioning of the report of the concerned analysis or test from theappropriate laboratory or from any other relevant source;45(e) issuing of commissions for the examination of any witness, or document;and(f) any other matter which may be prescribed by the central government45 of 1860 2 of 19745(10) every proceeding before the district commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code, and the district commission shall be deemed to be a criminal court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 19735 of 190810(11) where the complainant is a consumer referred to in sub-clause (v) of clause (5) of section 2, the provisions of order i rule 8 of the first schedule to the code of civil procedure, 1908 shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the district commission thereon5 of 190815(12) in the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of order xxii of the first schedule to the code of civil procedure, 1908 shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may befindings of district commission2039 (1) where the district commission is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices, or claims for compensation under product liability are proved, it shall issue an order to the opposite party directing him to do one or more of the following, namely:—(a) to remove the defect pointed out by the appropriate laboratory from the goods in question;(b) to replace the goods with new goods of similar description which shall befree from any defect;25(c) to return to the complainant the price, or, as the case may be, the charges paidby the complainant along with such interest on such price or charges as may be decided;30(d) to pay such amount as may be awarded by it as compensation to the consumerfor any loss or injury suffered by the consumer due to the negligence of the opposite party:provided that the district commission shall have the power to grant punitive damages in such circumstances as it deems fit;(e) to pay such amount as may be awarded by it as compensation in a product liability action under chapter vi;35(f) to remove the defects in goods or deficiencies in the services in question; (g) to discontinue the unfair trade practice or restrictive trade practice and not torepeat them;(h) not to offer the hazardous or unsafe goods for sale; (i) to withdraw the hazardous goods from being offered for sale;40(j) to cease manufacture of hazardous goods and to desist from offering serviceswhich are hazardous in nature;(k) to pay such sum as may be determined by it, if it is of the opinion that loss orinjury has been suffered by a large number of consumers who are not identifiable conveniently:45provided that the minimum amount of sum so payable shall not be less than twenty-five per cent of the value of such defective goods sold or service provided, as the case may be, to such consumers;(l) to issue corrective advertisement to neutralise the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement;(m) to provide for adequate costs to parties; and (n) to cease and desist from issuing any misleading advertisement5(2) any amount obtained under sub-section (1) shall be credited to such fund and utilised in such manner as may be prescribed10(3) in any proceeding conducted by the president and a member and if they differ on any point or points, they shall state the point or points on which they differ and refer the same to another member for hearing on such point or points and the opinion of the majority shall be the order of the district commission:provided that the other member shall give his opinion on such point or points referred to him within a period of one month from the date of such reference(4) every order made by the district commission under sub-section (1) shall be signed by the president and the member who conducted the proceeding:15provided that where the order is made as per majority opinion under sub-section (3), such order shall also be signed by the other member40 the district commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order20review by district commission in certain cases appeal against order of district commission41 any person aggrieved by an order made by the district commission may prefer an appeal against such order to the state commission on the grounds of facts or law within a period of forty-five days from the date of the order, in such form and manner, as may be prescribed:25provided that the state commission may entertain an appeal after the expiry of the said period of forty-five days, if it is satisfied that there was sufficient cause for not filing it within that period:30provided further that no appeal by a person, who is required to pay any amount in terms of an order of the district commission, shall be entertained by the state commission unless the appellant has deposited fifty per cent of that amount in the manner as may be prescribed:provided also that no appeal shall lie from any order passed under sub-section (1) of section 81 by the district commission pursuant to a settlement by mediation under section 803542 (1) the state government shall, by notification, establish a state consumer disputes redressal commission, to be known as the state commission, in the stateestablishment of state consumer disputes redressal commission(2) the state commission shall ordinarily function at the state capital and perform its functions at such other places as the state government may in consultation with the state commission notify in the official gazette:40provided that the state government may, by notification, establish regional benches of the state commission, at such places, as it deems fit(3) each state commission shall consist of—(a) a president; and (b) not less than four or not more than such number of members as may be prescribed in consultation with the central government4543 the central government may, by notification, make rules to provide for the qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the president and members of the state commissionqualifications, etc, of president and members of state commission544 the state government may, by notification, make rules to provide for salaries and allowances and other terms and conditions of service of the president and members of the state commissionsalaries, allowances and other terms and conditions of service of president and members of state commissiontransitional provision45 any person appointed as president or, as the case may be, a member of the state commission immediately before the commencement of this act shall hold office as such, as president or member, as the case may be, till the completion of his term1046 (1) the state government shall determine the nature and categories of the officers and other employees required to assist the state commission in the discharge of its functions and provide the commission with such officers and other employees as it may think fitofficers and employees of state commission(2) the officers and other employees of the state commission shall discharge their functions under the general superintendence of the president15(3) the salaries and allowances payable to and the other terms and conditions ofservice of, the officers and other employees of the state commission shall be such as may be prescribed47 (1) subject to the other provisions of this act, the state commission shall have jurisdiction—jurisdiction of state commission20(a) to entertain—(i) complaints where the value of the goods or services paid as consideration, exceeds rupees one crore, but does not exceed rupees ten crore:provided that where the central government deems it necessary so to do, it may prescribe such other value, as it deems fit;25(ii) complaints against unfair contracts, where the value of goods orservices paid as consideration does not exceed ten crore rupees;(iii) appeals against the orders of any district commission within thestate; and30(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any district commission within the state, where it appears to the state commission that such district commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity35(2) the jurisdiction, powers and authority of the state commission may be exercised by benches thereof, and a bench may be constituted by the president with one or more members as the president may deem fit:provided that the senior-most member shall preside over the bench40(3) where the members of a bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the president 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 and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it:5provided that the president or the other members, as the case may be, shall give opinion on the point or points so referred within a period of one month from the date of such reference(4) a complaint shall be instituted in a state commission within the limits of whose jurisdiction,—10(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided in such case, the permission of the state commission is given; or15(c) the cause of action, wholly or in part, arises; or(d) the complainant resides or personally works for gaintransfer of cases2048 on the application of the complainant or of its own motion, the state commission may, at any stage of the proceeding, transfer any complaint pending before a district commission to another district commission within the state if the interest of justice so requires49 (1) the provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be necessary, be applicable to the disposal of complaints by the state commissionprocedure applicable to state commission25(2) without prejudice to the provisions of sub-section (1), the state commission may also declare any terms of contract, which is unfair to any consumer, to be null and void50 the state commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such orderreview by state commission in certain cases30appeal to national commission51 (1) any person aggrieved by an order made by the state commission in exercise of its powers conferred by sub-clauses (i) or (ii) of clause (a) of sub-section (1) of section 47may prefer an appeal against such order to the national commission within a period of thirty days from the date of the order in such form and manner as may be prescribed:35provided that the national commission shall not entertain the appeal after the expiry of the said period of thirty days unless it is satisfied that there was sufficient cause for not filing it within that period:provided further that no appeal by a person, who is required to pay any amount in terms of an order of the state commission, shall be entertained by the national commission unless the appellant has deposited fifty per cent of that amount in the manner as may be prescribed40(2) save as otherwise expressly provided under this act or by any other law for the time being in force, an appeal shall lie to the national commission from any order passed in appeal by any state commission, if the national commission is satisfied that the case involves a substantial question of law45(3) in an appeal involving a question of law, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal(4) where the national commission is satisfied that a substantial question of law is involved in any case, it shall formulate that question and hear the appeal on that question:provided that nothing in this sub-section shall be deemed to take away or abridge the power of the national commission to hear, for reasons to be recorded in writing, the appeal on any other substantial question of law, if it is satisfied that the case involves such question of law5(5) an appeal may lie to the national commission under this section from an orderpassed ex parte by the state commissionhearing of appeal52 an appeal filed before the state commission or the national commission, as the case may be, shall be heard as expeditiously as possible and every endeavour shall be made to dispose of the appeal within a period of ninety days from the date of its admission:10provided that no adjournment shall ordinarily be granted by the state commission orthe national commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such commission:15provided further that the state commission or the national commission, as the case may be, shall make such orders as to the costs occasioned by the adjournment, as may be specified by regulations:provided also that in the event of an appeal being disposed of after the period so specified, the state commission or the national commission, as the case may be, shall record in writing the reasons for the same at the time of disposing of the said appeal2053 (1) the central government shall, by notification, establish a national consumer disputes redressal commission, to be known as the national commissionestablishment of national consumer disputes redressal commission(2) the national commission shall ordinarily function at the national capital region and perform its functions at such other places as the central government may in consultation with the national commission notify in the official gazette:25provided that the central government may, by notification, establish regional benches of the national commission, at such places, as it deems fit54 (1) the national commission shall consist of—composition of national commission(a) a president; and (b) not less than four and not more than such number of members as may be prescribed3055 (1) the central government may, by notification, make rules to provide forqualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the president and members of the national commission:qualifications, etc, of president and members of national commission35provided that the president and members of the national commission shall hold office for such term as specified in the rules made by the central government but not exceeding five years from the date on which he enters upon his office and shall be eligible for reappointment:40provided further that no president or members shall hold office as such after he has attained such age as specified in the rules made by the central government which shall not exceed,—(a) in the case of the president, the age of seventy years; (b) in the case of any other member, the age of sixty-seven years45(2) neither the salary and allowances nor the other terms and conditions of service of president and members of the national commission shall be varied to his disadvantage after his appointmenttransitional provision7 of 2017 68 of 198656 the president and every other member appointed immediately before the commencement of section 177 of the finance act, 2017 shall continue to be governed by the provisions of the consumer protection act, 1986 and the rules made thereunder as if this act had not come into force557 (1) the central government shall provide, in consultation with the president of the national commission, such number of officers and other employees to assist the national commission in the discharge of its functions as it may think fitother officers and employees of national commission(2) the officers and other employees of the national commission shall discharge their functions under the general superintendence of the president of the national commission10 (3) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the national commission shall be such as may be prescribed58 (1) subject to the other provisions of this act, the national commission shall have jurisdiction—jurisdiction of national commission15(a) to entertain—(i) complaints where the value of the goods or services paid as consideration exceeds rupees ten crore:provided that where the central government deems it necessary so to do, it may prescribe such other value, as it deems fit20(ii) complaints against unfair contracts, where the value of goods or services paid as consideration exceeds ten crore rupees;(iii) appeals against the orders of any state commission; (iv) appeals against the orders of the central authority; and25(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any state commission where it appears to the national commission that such state commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity30(2) the jurisdiction, powers and authority of the national commission may be exercised by benches thereof and a bench may be constituted by the president with one or more members as he may deem fit:provided that the senior-most member of the bench shall preside over the bench35(3) where the members of a bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the president 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 and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it:40provided that the president or the other member, as the case may be, shall give opinion on the point or points so referred within a period of two months from the date of such reference4559 (1) the provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be considered necessary, be applicable to the disposal of complaints by the national commissionprocedure applicable to national commission(2) without prejudice to sub-section (1), the national commission may also declare any terms of contract, which is unfair to any consumer to be null and void60 the national commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such orderreview by national commission in certain cases61 where an order is passed by the national commission ex parte, the aggrievedparty may make an application to the commission for setting aside such order5power to set aside ex parte orderstransfer of cases62 on the application of the complainant or of its own motion, the national commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the district commission of one state to a district commission of another state or before one state commission to another state commission10| 63 ||----------------------------------------------------------------------------------------------|| occupying such office is, by reason of absence or otherwise, unable to perform the duties of || his office, these shall be performed by the senior-most member of the national commission: || vacancy in || office of || president of || national || commission |15provided that where a retired judge of a high court or a person who has been a judicial member is a member of the national commission, such member or where the number of such members is more than one, the senior-most person amongst such members, shall preside over the national commission in the absence of president of that commission64 no act or proceeding of the district commission, the state commission or the national commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereofvacancies or defects in appointment not to invalidate orders20service of notice, etc2565 (1) all notices, required by this act to be served, shall be served by delivering ortransmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service, approved by the district commission, the state commission or the national commission, as the case may be, or by any other mode of transmission of documents including electronic means(2) without prejudice to the provisions contained in sub-section (1), the notice required by this act may be served on an electronic service provider at the address provided by it on the electronic platform from where it provides its services as such and for this purpose, the electronic service provider shall designate a nodal officer to accept and process such notices30 35(3) when an acknowledgment or any other receipt purporting to be signed by theopposite party or his agent or, as the case may be, by the complainant is received by the district commission, the state commission or the national commission, as the case may be, or postal article containing the notice is received back by such district commission, state commission or the national commission, with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub-section (1) when tendered or transmitted to him, the district commission or the state commission or the national commission, as the case may be, shall declare that the notice has been duly served on the opposite party or to the complainant, as the case may be:40 45provided that where the notice was properly addressed, pre-paid and duly sent byregistered post acknowledgment due, a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or misplaced, or for any other reason, has not been received by the district commission, the state commission or the national commission, as the case may be, within thirty days from the date of issue of notice(4) all notices required to be served on an opposite party or to complainant, as the case may be, shall be deemed to be sufficiently served, if addressed in the case of the opposite party, to the place where business or profession is carried on, and in case of the complainant, the place where such person actually and voluntarily resides566 where the national commission or the state commission, as the case may be, onan application by a complainant or otherwise, is of the opinion that it involves the larger interest of consumers, it may direct any individual or organisation or expert to assist the national commission or the state commission, as the case may beexperts to assist national commission or state commission10appeal against order of national commission67 any person, aggrieved by an order made by the national commission in exerciseof its powers conferred by sub-clauses (i) or (ii) of clause (a) of sub-section (1) of section 58, may prefer an appeal against such order to the supreme court within a period of thirty days from the date of the order:15provided that the supreme court may entertain an appeal after the expiry of the saidperiod of thirty days if it is satisfied that there was sufficient cause for not filing it within that period:provided further that no appeal by a person who is required to pay any amount in terms of an order of the national commission shall be entertained by the supreme court unless that person has deposited fifty per cent of that amount in the manner as may be prescribed20finality of orders68 every order of a district commission or the state commission or the nationalcommission, as the case may be, shall, if no appeal has been preferred against such order under the provisions of this act, be finallimitation period69 (1) the district commission, the state commission or the national commissionshall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen25(2) notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the district commission, the state commission or the national commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:30provided that no such complaint shall be entertained unless the district commissionor the state commission or the national commission, as the case may be, records its reasons for condoning such delayadministrative control3570 (1) the national commission shall have the authority to lay down such adequatestandards in consultation with the central government from time to time, for better protection of the interests of consumers and for that purpose, shall have administrative control over all the state commissions in the following matters, namely:—(a) monitoring performance of the state commissions in terms of their disposalby calling for periodical returns regarding the institution, disposal and pendency of cases;40(b) investigating into any allegations against the president and members of astate commission and submitting inquiry report to the state government concerned along with copy endorsed to the central government for necessary action;45(c) issuance of instructions regarding adoption of uniform procedure in thehearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of english translation of judgments written in any language, speedy grant of copies of documents;5(d) overseeing the functioning of the state commission or the district commission either by way of inspection or by any other means, as the national commission may like to order from time to time, to ensure that the objects and purposes of the act are best served and the standards set by the national commission are implemented without interfering with their quasi-judicial freedom (2) there shall be a monitoring cell to be constituted by the president of the national commission to oversee the functioning of the state commissions from the administrative point of view10(3) the state commission shall have administrative control over all the district commissions within its jurisdiction in all matters referred to in sub-section (1) (4) the national commission and the state commissions shall furnish to the central government periodically or as and when required, any information including the pendency of cases in such form and manner as may be prescribed15(5) the state commission shall furnish, periodically or as and when required to the state government any information including pendency of cases in such form and manner as may be prescribed5 of 19082071 every order made by a district commission, state commission or the national commission shall be enforced by it in the same manner as if it were a decree made by a court in a suit before it and the provisions of order xxi of the first schedule to the code of civil procedure, 1908 shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under this actenforcement of orders of district commission, state commission and national commission25penalty for noncompliance of order72 (1) whoever fails to comply with any order made by the district commission or the state commission or the national commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both2 of 197430(2) notwithstanding anything contained in the code of criminal procedure, 1973, thedistrict commission, the state commission or the national commission, as the case may be, shall have the power of a judicial magistrate of first class for the trial of offences under sub-section (1), and on conferment of such powers, the district commission or the statecommission or the national commission, as the case may be, shall be deemed to be a judicial magistrate of first class for the purposes of the code of criminal procedure, 197335(3) save as otherwise provided, the offences under sub-section (1) shall be tried summarily by the district commission or the state commission or the national commission, as the case may be2 of 1974appeal against order passed under section 7273 (1) notwithstanding anything contained in the code of criminal procedure, 1973, where an order is passed under sub-section (1) of section 72, an appeal shall lie, both on facts and on law from—40(a) the order made by the district commission to the state commission; (b) the order made by the state commission to the national commission; and (c) the order made by the national commission to the supreme court45 (2) except as provided in sub-section (1), no appeal shall lie before any court, from any order of a district commission or a state commission or the national commission, as the case may be(3) every appeal under this section shall be preferred within a period of thirty days from the date of order of a district commission or a state commission or the national commission, as the case may be:provided that the state commission or the national commission or the supreme court, as the case may be, may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period of thirty days 5 chapter v mediation74 (1) the state government shall establish, by notification, a consumer mediation cell to be attached to each of the district commissions and the state commissions of that stateestablishment of consumer mediation cell10(2) the central government shall establish, by notification, a consumer mediation cell to be attached to the national commission and each of the regional benches(3) a consumer mediation cell shall consist of such persons as may be prescribed (4) every consumer mediation cell shall maintain—(a) a list of empanelled mediators;15(b) a list of cases handled by the cell; (c) record of proceeding; and (d) any other information as may be specified by regulations20(5) every consumer mediation cell shall submit a quarterly report to the district commission, state commission or the national commission to which it is attached, in the manner specified by regulationsempanelment of mediators75 (1) for the purpose of mediation, the national commission or the state commission or the district commission, as the case may be, shall prepare a panel of the mediators to be maintained by the consumer mediation cell attached to it, on the recommendation of a selection committee consisting of the president and a member of that commission25 30(2) the qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of training empanelled mediators, the fee payable to empanelled mediator, the terms and conditions for empanelment, the code of conduct for empanelled mediators, the grounds on which, and the manner in which, empanelled mediators shall be removed or empanelment shall be cancelled and other matters relating thereto, shall be such as may be specified by regulations(3) the panel of mediators prepared under sub-section (1) shall be valid for a period of five years, and the empanelled mediators shall be eligible to be considered for re-empanelment for another term, subject to such conditions as may be specified by regulations35nomination of mediators from panel76 the district commission, the state commission or the national commission shall, while nominating any person from the panel of mediators referred to in section 75, consider his suitability for resolving the consumer dispute involvedduty of mediator to disclose certain facts4077 it shall be the duty of the mediator to disclose—(a) any personal, professional or financial interest in the outcome of the consumer dispute;(b) the circumstances which may give rise to a justifiable doubt as to his independence or impartiality; and(c) such other facts as may be specified by regulations45replacement of mediator in certain cases78 where the district commission or the state commission or the nationalcommission, as the case may be, is satisfied, on the information furnished by the mediator or on the information received from any other person including parties to the complaint and after hearing the mediator, it shall replace such mediator by another mediatorprocedure for mediation79 (1) the mediation shall be held in the consumer mediation cell attached to the district commission, the state commission or the national commission, as the case may be5(2) where a consumer dispute is referred for mediation by the district commission or the state commission or the national commission, as the case may be, the mediator nominated by such commission shall have regard to the rights and obligations of the parties, the usages of trade, if any, the circumstances giving rise to the consumer dispute and such other relevant factors, as he may deem necessary and shall be guided by the principles of natural justice while carrying out mediation(3) the mediator so nominated shall conduct mediation within such time and in such manner as may be specified by regulations10settlement through mediation80 (1) pursuant to mediation, if an agreement is reached between the parties with respect to all of the issues involved in the consumer dispute or with respect to only some of the issues, the terms of such agreement shall be reduced to writing accordingly, and signed by the parties to such dispute or their authorised representatives15(2) the mediator shall prepare a settlement report of the settlement and forward the signed agreement along with such report to the concerned commission(3) where no agreement is reached between the parties within the specified time or the mediator is of the opinion that settlement is not possible, he shall prepare his report accordingly and submit the same to the concerned commission20recording settlement and passing of order81 (1) the district commission or the state commission or the national commission, as the case may be, shall, within seven days of the receipt of the settlement report, pass suitable order recording such settlement of consumer dispute and dispose of the matter accordingly25(2) where the consumer dispute is settled only in part, the district commission or the state commission or the national commission, as the case may be, shall record settlement of the issues which have been so settled and continue to hear other issues involved in such consumer dispute(3) where the consumer dispute could not be settled by mediation, the district commission or the state commission or the national commission, as the case may be, shall continue to hear all the issues involved in such consumer dispute30 chapter vi product liabilityapplication of chapter3582 this chapter shall apply to every claim for compensation under a product liability action by a complainant for any harm caused by a defective product manufactured by a product manufacturer or serviced by a product service provider or sold by a product sellerproduct liability action83 a product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product84 (1) a product manufacturer shall be liable in a product liability action, if—(a) the product contains a manufacturing defect; or40liability of product manufacturer(b) the product is defective in design; or (c) there is a deviation from manufacturing specifications; or (d) the product does not conform to the express warranty; or (e) the product fails to contain adequate instructions of correct usage to prevent any harm or any warning regarding improper or incorrect usage45(2) a product manufacturer shall be liable in a product liability action even if he proves that he was not negligent or fraudulent in making the express warranty of a product85 a product service provider shall be liable in a product liability action, if—5liability of product service provider(a) the service provided by him was faulty or imperfect or deficient or inadequate in quality, nature or manner of performance which is required to be provided by or under any law for the time being in force, or pursuant to any contract or otherwise; or(b) there was an act of omission or commission or negligence or conscious withholding any information which caused harm; or10(c) the service provider did not issue adequate instructions or warnings to prevent any harm; or(d) the service did not conform to express warranty or the terms and conditions of the contractliability of product sellers86 a product seller who is not a product manufacturer shall be liable in a product liability action, if—15(a) he has exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm; or(b) he has altered or modified the product and such alteration or modification was the substantial factor in causing the harm; or20(c) he has made an express warranty of a product independent of any express warranty made by a manufacturer and such product failed to conform to the express warranty made by the product seller which caused the harm; or25(d) the product has been sold by him and the identity of product manufacturer of such product is not known, or if known, the service of notice or process or warrant cannot be effected on him or he is not subject to the law which is in force in india or the order, if any, passed or to be passed cannot be enforced against him; or(e) he failed to exercise reasonable care in assembling, inspecting or maintaining such product or he did not pass on the warnings or instructions of the product manufacturer regarding the dangers involved or proper usage of the product while selling such product and such failure was the proximate cause of the harm3087 (1) a product liability action cannot be brought against the product seller if, at the time of harm, the product was misused, altered, or modifiedexceptions to product liability action(2) in any product liability action based on the failure to provide adequate warnings or instructions, the product manufacturer shall not be liable, if—35(a) the product was purchased by an employer for use at the workplace and the product manufacturer had provided warnings or instructions to such employer;(b) the product was sold as a component or material to be used in another product and necessary warnings or instructions were given by the product manufacturer to the purchaser of such component or material, but the harm was caused to the complainant by use of the end product in which such component or material was used;40(c) the product was one which was legally meant to be used or dispensed only by or under the supervision of an expert or a class of experts and the product manufacturer had employed reasonable means to give the warnings or instructions for usage of such product to such expert or class of experts; or45(d) the complainant, while using such product, was under the influence of alcohol or any prescription drug which had not been prescribed by a medical practitioner (3) a product manufacturer shall not be liable for failure to instruct or warn about a danger which is obvious or commonly known to the user or consumer of such product or which, such user or consumer, ought to have known, taking into account the characteristics of such product5 chapter vii offences and penalties88 whoever, fails to comply with any direction of the central authority under sections20 and 21, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to twenty lakh rupees, or with bothpenalty for noncompliance of direction of central authority10punishment for false or misleading advertisement89 any manufacturer or service provider who causes a false or misleading advertisement to be made which is prejudicial to the interest of consumers shall be punished with imprisonment for a term which may extend to two years and with fine which may extend to ten lakh rupees; and for every subsequent offence, be punished with imprisonment for a term which may extend to five years and with fine which may extend to fifty lakh rupees1590 (1) whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any product containing an adulterant shall be punished, if such act—(a) does not result in any injury to the consumer, with imprisonment for a term which may extend to six months and with fine which may extend to one lakh rupees;20punishment for manufacturing for sale or storing, selling or distributing or importing products containing adulterant(b) causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees;25(c) causing injury resulting in grievous hurt to the consumer, with imprisonment for a term which may extend to seven years and with fine which may extend to five lakh rupees; and(d) results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but which may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees30(2) the offences under clauses (c) and (d) of sub-section (1) shall be cognizable and non-bailable(3) notwithstanding the punishment under sub-section (1), the court may, in case of first conviction, suspend any licence issued to the person referred to in that sub-section, under any law for the time being in force, for a period up to two years, and in case of second or subsequent conviction, cancel the licence35explanation—for the purposes of this section,—(a) "adulterant" means any material including extraneous matter which is employed or used for making a product unsafe;45 of 1860(b) "grievous hurt" shall have the same meaning as assigned to it in section 320of the indian penal code4091 (1) whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any spurious goods shall be punished, if such act—(a) causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees;45punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods(b) causing injury resulting in grievous hurt to the consumer, with imprisonment for a term which may extend to seven years and with fine which may extend to five lakh rupees;5(c) results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees (2) the offences under clauses (b) and (c) of sub-section (1) shall be cognizable and non-bailable10(3) notwithstanding the punishment under sub-section (1), the court may, in case of first conviction, suspend any licence issued to the person referred to in that sub-section, under any law for the time being in force, for a period up to two years, and in case of second or subsequent conviction, cancel the licencecognizance of offence by court92 no cognizance shall be taken by a competent court of any offence under sections88 and 89 except on a complaint filed by the central authority or any officer authorised by it in this behalf15vexatious search93 the director general or any other officer, exercising powers under section 22, who knows that there are no reasonable grounds for so doing, and yet—(a) searches, or causes to be searched any premises; or (b) seizes any record, register or other document or article,20shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both chapter viii miscellaneous2594 for the purposes of preventing unfair trade practices in e-commerce, direct selling and also to protect the interest and rights of consumers, the central government may take such measures in the manner as may be prescribedmeasures to prevent unfair trade practices in ecommerce, direct selling, etc30presidents, members, chief commissioner, commissioner and certain officers to be public servants45 of 186095 the presidents and members of the district commission, the state commission and the national commission, and officers and other employees thereof, the chief commissioner and the commissioner of the central authority, the director general, the additional director general, the director, the joint director, the deputy director and the assistant director and all other officers and employees of the central authority and other persons performing any duty under this act, while acting or purporting to act in pursuance of any of the provisions of this act, shall be deemed to be public servants within the meaning of section 21 of the indian penal code35compounding of offences96 (1) any offence punishable under sections 88 and 89, may, either before or afterthe institution of the prosecution, be compounded, on payment of such amount as may be prescribed:provided that no compounding of such offence shall be made without the leave of the court before which a complaint has been filed under section 92:40provided further that such sum shall not, in any case, exceed the maximum amount ofthe fine, which may be imposed under this act for the offence so compounded(2) the central authority or any officer as may be specially authorised by him in this behalf, may compound offences under sub-section (1) (3) nothing in sub-section (1) shall apply to person who commits the same or similar offence, within a period of three years from the date on which the first offence, committed by him, was compounded5explanation—for the purposes of this sub-section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence(4) where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded102 of 1974(5) the acceptance of the sum of money for compounding an offence in accordance with sub-section (1) by the central authority or an officer of the central authority empowered in this behalf shall be deemed to amount to an acquittal within the meaning of the code of criminal procedure, 19731597 the penalty collected under section 21 and the amount collected under section 96shall be credited to such fund as may be prescribedmanner of crediting penalty protection of action taken in good faith98 no suit, prosecution or other legal proceeding shall lie against the presidents and members of the district commission, the state commission and the national commission, the chief commissioner, the commissioner, any officer or employee and other person performing any duty under this act, for any act which is in good faith done or intended to be done in pursuance of this act or under any rule or order made thereunder20power to give directions by central government99 (1) without prejudice to the foregoing provisions of this act, the central authority, shall, in exercise of its powers or the performance of its functions under this act, be bound by such directions on questions of policy, as the central government may give in writing to it from time to time:25provided that the central authority shall, as far as practicable, be given an opportunityto 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 final100 the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force30act not in derogation of any other law101 (1) the central government may, by notification, make rules for carrying out any of the provisions contained in this actpower of central government to make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for, —35(a) the other class or classes of persons including public utility entities underclause (19) of section 2;(b) the contest, lottery, game of chance or skill which are to be exempted underitem (b) of sub-clause (iii) of clause (47) of section 2;40(c) the manner of issuing bill or cash memo or receipt for goods sold or servicesrendered under sub-clause (vii) of clause (47) of section 2;(d) the number of other official or non-official members of the central councilunder clause (b) of sub-section (2) of section 3;(e) the time and place of meeting of central council and the procedure for thetransaction of its business under sub-section (2) of section 4;45(f) the number of commissioners in the central authority under sub-section (2)of section 10;(g) the qualifications for appointment, method of recruitment, procedure of appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the chief commissioner and other commissioners of the central authority under section 11;5(h) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the central authority under sub-section (2) of section 13;10(i) the qualifications for appointment of director general, additional director general, director, joint director, deputy director and assistant director and the manner of appointment under sub-section (2) of section 15;(j) the manner of taking copies or extracts of document, record or article seized or produced before returning to the person under sub-section (3) of section 22;(k) the officer and the manner of disposing of articles which are subject to speedy or natural decay under sub-section (4) of section 22;15(l) the form and manner for preparing annual statement of accounts by the central authority in consultation with the comptroller and auditor-general of india under sub-section (1) of section 26;20(m) the form in which, and the time within which, an annual report, other reports and returns may be prepared by the central authority under sub-section (1) of section 27;(n) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of president and members of the district commission under section 29;25(o) the other value of goods and services in respect of which the district commission shall have jurisdiction to entertain complaints under proviso to sub-section (1) of section 34;(p) the manner of electronically filing complaint under the proviso to sub-section (1)of section 35;30(q) the fee, electronic form and the manner of payment of fee for filing complaint under sub-section (2) of section 35;(r) the cases which may not be referred for settlement by mediation under sub-section (1) of section 37;(s) the manner of authentication of goods sampled in case of the national commission under clause (c) of sub-section (2) of section 38;35(t) any other matter which may be prescribed under clause (f) of sub-section (9)of section 38;(u) the fund where the amount obtained may be credited and the manner of utilisation of such amount under sub-section (2) of section 39;(v) the form and the manner in which appeal may be preferred to the state commission under section 41;40(w) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of the president and members of the state commission under sub-section (4) of section 43;45(x) the other value of goods and services in respect of which the state commission shall have jurisdiction under the proviso to sub-clause (i) of clause (a) of sub-section(1) of section 47;(y) the form and manner of filing appeal to the national commission, and the manner of depositing fifty per cent of the amount before filing appeal, under sub-section (1) of section 51;(z) the number of members of the national commission under clause (b) of sub-section (1) of section 54;5 (za) the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the president and members of the national commission under sub-section (1) of section 55;10(zb) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the national commission under sub-section (3) of section 57;(zc) the other value of goods and services in respect of which the national commission shall have jurisdiction under the proviso to sub-clause (i) of clause (a) of sub-section (1) of section 58;15(zd) the manner of depositing fifty per cent of the amount under the second proviso to section 67;(ze) the form in which the national commission and the state commission shall furnish information to the central government under sub-section (4) of section 70;(zf) the persons in the consumer mediation cell under sub-section (3) of section 74;20(zg) the measures to be taken by the central government to prevent unfair trade practices in e-commerce, direct selling under section 94;(zh) the amount for compounding offences under sub-section (1) of section 96;(zi) the fund to which the penalty and amount collected shall be credited under section 97; and25(zj) any other matter which is to be, or may be, prescribed, or in respect of which provisions are to be, or may be, made by rules 102 (1) the state governments may, by notification, make rules for carrying out the provisions of this act:power of state government to make rules30provided that the central government may, frame model rules in respect of all or any of the matters with respect to which the state government may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the state until the rules in respect of that matter is made by the state government and while making any such rules, so far as is practicable, they shall conform to such model rules35(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the other class or classes of persons including public utility entities underclause (19) of section 2;40(b) the contest, lottery, game of chance or skill which are to be exempted underitem (b) of sub-clause (iii) of clause (47) of section 2;(c) the number of other official or non-official members of the state councilunder clause (b) of sub-section (2) of section 6;(d) the time and place of meeting of the state council and the procedure for thetransaction of its business under sub-section (4) of section 6;45(e) the number of other official and non-official members of district council under clause (b) of sub-section (2) of section 8;(f) the time and place of meeting of the district council and procedure for the transaction of its business under sub-section (4) of section 8;5(g) the number of members of the district commission under clause (b) of sub-section (2) of section 28;(h) the salaries and allowances payable to, and other terms and conditions of service of, the president and members of the district commission under section 30;10(i) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the district commission under sub-section (3) of section 33;(j) the manner of authentication of goods sampled by the state commission and the district commission under clause (c) of sub-section (2) of section 38;15(k) the manner of depositing fifty per cent of the amount before filing appeal under second proviso to section 41;(l) the number of members of the state commission under sub-section (3) of section 42;(m) the salaries and allowances payable to, and other terms and conditions of service of, the president and members of the state commission under section 44;20(n) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the state commission under sub-section (3) of section 46;(o) the form in which the state commission shall furnish information to the state government under sub-section (5) of section 70;25(p) the persons in the consumer mediation cell under sub-section (3) of section 74;(q) any other matter which is to be, or may be prescribed, or in respect of which provisions are to be, or may be, made by rules30103 (1) the national commission may, with the previous approval of the central government, by notification, make regulations not inconsistent with this act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this actpower of national commission to make regulations(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may make provisions for—35(a) the costs for adjournment to be imposed by the district commission underthe second proviso to sub-section (7) of section 38;(b) the costs for adjournment to be imposed by the state commission or the national commission, as the case may be, under the second proviso to section 52;40(c) the maintenance of any other information by the consumer mediation cell under sub-section (4) of section 74;(d) the manner of submission of quarterly report by consumer mediation cell to the district commission, the state commission or the national commission under sub-section (5) of section 74;45(e) the qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of training empanelled mediators, the fee payable to empanelled mediator, the terms and conditions for empanelment, the code of conduct for empanelled mediators, the grounds on which, and the manner in which, empanelled mediators shall be removed or empanelment shall be cancelled and the other matters relating thereto under sub-section (2) of section 75;5(f) the conditions for re-empanelment of mediators for another term undersub-section (3) of section 75;(g) the other facts to be disclosed by mediators under clause (c) of section 77;(h) the time within which, and the manner in which, mediation may be conductedunder sub-section (3) of section 79; and(i) such other matter for which provision is to be, or may be, made by regulation10104 (1) the central authority may, with the previous approval of the central government, by notification, make regulations not inconsistent with this act, for the purpose of giving effect to the provisions of this actpower of central authority to make regulations(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—15(a) the procedure for engaging experts and professionals and the number ofsuch experts and professionals under sub-section (3) of section 13;(b) the procedure for transaction of business and the allocation of business ofthe chief commissioner and commissioner under sub-section (1) of section 14;20(c) the form, manner and time within which, inquiries or investigation made bythe director-general shall be submitted to the central authority under sub-section (5)of section 15; and(d) such other matter for which provision is to be, or may be, made by regulation25rules and regulations to be laid before each house of parliament30105 (1) every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation 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| ( | 2 | ) every rule made by a state government under this act shall be laid as soon as may ||--------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------|| be after it is made, before the state legislature | | || 35 | | || power to | | || remove | | || difficulties | | || 106 | if any difficulty arises in giving effect to the provisions of this act, the central | || government may, by order in the official gazette, make such provisions not inconsistent | | || with the provisions of this act as appear to it to be necessary or expedient for removing the | | || difficulty: | | || provided that no such order shall be made after the expiry of a period of two years | | || from the commencement of this act | | || 40 | | || 107 | ( | 1 || repeal and | | || savings | | || 68 of 1986 | | || ( | 2 | ) notwithstanding such repeal, anything done or any action taken or purported to || have been done or taken 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 act | | || 45 | | || 10 of 1897 | | || ( | 3 | ) the mention of particular matters in sub-section ( || 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 consumer protection act, 1986 ( 68 of 1986) was enacted to provide for better protection of the interests of consumers and for the purpose of making provision for establishment of consumer protection councils and other authorities for the settlement of consumer disputes, etc although, the working of the consumer dispute redressal agencies has served the purpose to a considerable extent under the said act, the disposal of cases has not been fast due to various constraints several shortcomings have been noticed while administering the various provisions of the said act2 consumer markets for goods and services have undergone drastic transformation since the enactment of the consumer protection act in 1986 the modern market place contains a plethora of products and services the emergence of global supply chains, rise in international trade and the rapid development of e-commerce have led to new delivery systems for goods and services and have provided new options and opportunities for consumers equally, this has rendered the consumer vulnerable to new forms of unfair trade and unethical business practices misleading advertisements, tele-marketing, multi-level marketing, direct selling and e-commerce pose new challenges to consumer protection and will require appropriate and swift executive interventions to prevent consumer detriment therefore, it has become inevitable to amend the act to address the myriad and constantly emerging vulnerabilities of the consumers in view of this, it is proposed to repeal and reenact the act3 accordingly, a bill, namely, the consumer protection bill, 2018, was introduced in lok sabha on the 5th january, 2018 and was passed by that house on the 20th december, 2018 while the bill was pending consideration in rajya sabha, the sixteenth lok sabha was dissolved and the bill got lapsed hence, the present bill, namely, the consumer protection bill, 20194 the proposed bill provides for the establishment of an executive agency to be known as the central consumer protection authority (ccpa) to promote, protect and enforce the rights of consumers; make interventions when necessary to prevent consumer detriment arising from unfair trade practices and to initiate class action including enforcing recall, refund and return of products, etc this fills an institutional void in the regulatory regime extant currently, the task of prevention of or acting against unfair trade practices is not vested in any authority this has beenprovided for in a manner that the role envisaged for the ccpa complements that of the sector regulators and duplication, overlap or potential conflict is avoided5 the bill also envisages provisions for product liability action on account of harm caused to consumers due to a defective product or by deficiency in services further, provision of "mediation" as an alternate dispute resolution mechanism has also been provided6 the bill provides for several provisions aimed at simplifying the consumer dispute adjudication process of the consumer disputes redressal agencies, inter alia, relating to enhancing the pecuniary jurisdiction of the consumer disputes redressal agencies; increasing minimum number of members in the state consumer disputes redressal commissions and provisions for consumers to file complaints electronically, etc7 the bill seeks to achieve the above objectivesthe 2nd july, 2019 notes on clausesclause 1—this clause provides for the short title, commencement and application of the proposed legislationclause 2 -this clause provides for the definition of the expressions used in the proposed legislationclause 3-this clause provides for establishment of a central consumer protection council by the central government, which shall be an advisory council it also provides for its compositionclause 4-this clause provides for the procedure for meetings of central councilclause 5-this clause provides for the objects of central council, which shall be to render advice on promotion and protection of the consumers' rightsclause 6-this clause provides for establishment of state council by the state governments, which shall be an advisory council it also provides for its compositionclause 7-this clause provides for the objects of the state council, which shall be to render advice on promotion and protection of the consumers' rightsclause 8-this clause provides for establishment of district consumer protection councils by the state governments, which shall be advisory councilsclause 9-this clause provides for the objects of the district consumer protection councils, which shall be to render advice on promotion and protection of the consumers' rightsclause 10-this clause provides for establishment of central consumer protection authority comprising of a chief commissioner and such number of other commissioners as may be prescribed, and its headquarter and regional and other officesclause 11-this clause provides that the central government may, by notification,make rules to provide for the qualifications for appointment, method of recruitment, procedure for appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of the service of the chief commissioner and commissioners of the central authorityclause 12-this clause provides that vacancy, etc, in the central authority shall not invalidate proceedings of central authorityclause 13-this clause provides that the central government shall provide the central authority such number of officers and other employees as it considers necessary for the efficient performance of its functions under this legislation, and empowers the central government to prescribe the salary and allowances and the other terms and conditions of service of, the officers and other employees of the central authority and also empowers the central authority to engage, in accordance with the procedure specified by regulations, such number of experts and professionals to assist it in the discharge of its functionsclause 14- this clause provides that the central authority shall regulate the procedure for transaction of its business and allocation of its business among chief commissioner and commissioners as may be specified by regulationsclause 15-this clause provides for setting up of an investigation wing in the central authority headed by a director-general and with such number of additional director-general, director, joint director, deputy director and assistant director, and delegation of powers by director-general to them as the case may be, while conducting inquiries or investigationsthe form and manner of investigation or inquiry by director-general and submission to central authority as may be specified by regulationsclause 16- this clause provides for powers of the district collector on matters relating to violations of consumer rights, unfair trade practices and false or misleading advertisements, within his jurisdiction and submit his report to the central authority or to the commissioner of a regional office, as the case may beclause 17-this clause provides for filing of complaint relating to violation of consumer rights or unfair trade practices or false or misleading advertisements which are prejudicial to the interests of consumers as a class, before the district collector or the commissioner of regional officer of the central authorityclause 18--this clause provides for the powers and functions of the central authority clause 19-this clause provides for the power of central authority to cause investigation to be made by the director-general or by the district collector or to refer matter for investigation to other regulatorclause 20- this clause provides for the power of central authority to recall goods, or withdrawal of services which are dangerous, hazardous or unsafe; reimbursement of the prices of goods or services so recalled to purchasers of such goods or services; and discontinuation of practices which are unfair and prejudicial to consumers' interestclause 21-this clause provides for the power of central authority to issue directions against false or misleading advertisements including imposition of penaltiesclause 22-this clause provides for the power of the director-general or any other officer authorised by him or the district collector for search and seizure after preliminary inquiry if there is any reason to believe that any person has violated any consumer rights or committed unfair trade practice or causes any false or misleading advertisementclause 23- this clause provides that the central government may, if it considers necessary, by notification, designate any statutory authority or body to exercise the powers and perform the functions of the central authority referred to in clause 10clause 24-this clause provides for preferring appeal to the national commission against any order passed by the central authority under clauses 20 and 21clause 25-this clause provides for making provision of grants by the centralgovernment to the central authority for being utilised for the purposes of this actclause 26-this clause provides for maintenance of proper accounts and other relevant records, preparation of 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 indiaclause 27-this clause provides that the central authority shall submit an annual report on its functioning and performance and such other reports and returns as may be directed, and copies of such reports and returns shall be forwarded to the central governmentclause 28-this clause provides for establishment of district consumer disputes redressal commission at the district level by the state government with a president and not less than two members and not more than such number of members as may be prescribed in consultation with central government in each district commission this clause also empowers the state government to establish more than one district commission in a districtclause 29-this clause provides that the central government may, by notification, make rules to provide for the qualifications, method of recruitment, procedure for appointment, term of office, resignation and removal of the president and members of the district commissionclause 30- this clause provides that the state government may, by notification, make rules to provide for salaries and allowances and other terms and conditions of service of the president, and members of the district commissionclause 31- this clause provides that any person appointed as president or, as the case may be, a member of the district commission immediately before the commencement of this act shall hold office as such as president, as the case may be, as member till the completion of his term for which he has been appointedclause 32-this clause empowers the state government to fill up the vacancies in the office of the president or member of a district commission, direct any other district commission to exercise the jurisdiction in respect of that district also; or the president or a member of any other district commission to exercise the powers and discharge the functions of the president or member of that district commission alsoclause 33-this clause makes provision for the state government to provide the district commission with such officers and other employees as may be required to assist the district commission in the discharge of its functions and that the officers and other employees of the district commission shall discharge their functions under the general superintendence of the president of the district commission this clause also makes provision for prescribing the salaries and allowances and the other terms and conditions of service of the officers and other employees of the district commission by the state governmentclause 34-this clause provides for the pecuniary and geographical jurisdiction for filing of complaints in the district commission the pecuniary jurisdiction shall be for value of goods or services not exceeding one crore rupees a consumer may file a complaint in a district commission within the local limits of whose jurisdiction he resides or personally works for gainclause 35-this clause provides the manner in which complaint shall be made including enabling provision for filing of complaints electronically, fee to be prescribed for filing of complaintsclause 36-this clause provides for the manner of conducting proceedings by the district commission and includes time limit of twenty-one days for admissibility of complaints, deemed admissibility of complaints if admissibility is not decided within the said twenty-one daysclause 37-this clause provides for reference by the district commission of acomplaint for mediation with the consent of both the parties to the disputeclause 38-this clause provides for the procedure on admission of a complaint by the district commissionclause 39-this clause provides for finding of the district commission, after the proceeding has been conducted in a complaint if the district commission is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices are proved this clause specifies the relief or compensation, a district commission may grant to a consumerclause 40-this clause provides that a district commission shall have the power to review its orders if there is any error apparent on the face of recordclause 41-this clause provides for appeal against order of the district commissionto the state commission on the grounds of facts or law in such form and manner as may be prescribed within a period of forty-five days from the date of the order; entertaining appeals by the state commission on being satisfied that there was sufficient cause for not filing it; entertaining appeal by the state commission only after the appellant has deposited in the prescribed manner fifty per cent of the amount ordered to be paid to the complainant; barring appeal from an order passed under clause 80 on the basis of settlement reached between the partiesclause 42-this clause provides for establishment of state commission by the state government, setting up of regional benches of the state commission, composition of the state commission having a president and not less than four and not more than such number of members, as may be prescribed by the state government in consultation with the central governmentclause 43-this clause empowers the central government to make rules for the qualification for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of the president and members of the state commissionclause 44 - this clause provides that the state government will make rules to provide for salaries and allowances and other terms and conditions of service of the president and members of the state commissionclause 45- this clause provides that any person appointed as president or, as the case may be, a member of the state commission immediately before the commencement of this act shall hold office as such, as president or member, as the case may be, till the completion of his termclause 46 - this clause makes provision for the state government to provide officers and other employees required to assist the state commission in the discharge of its functions and also to prescribe the salaries and allowances payable to and the other terms and conditions of service of, the officers and other employees of the state commissionclause 47-this clause provides for the pecuniary and geographical jurisdiction for filing of complaints in the state commission the pecuniary jurisdiction shall be for value of goods or services exceeds rupees one core but does not exceed rupees ten crore it also provides that a consumer can file a complaint in state commission within the local limits of whose jurisdiction he resides or personally works for gain clause 48-this clause empowers the state commission, at any stage of the proceeding, to transfer any complaint pending before the district commission to another district commission within the state if the interest of justice so requiresclause 49-this clause provides that the provisions under clauses 35, 36, 37, 38 and39 shall, with such modifications as may be necessary, be applicable for the disposal of disputes by the state commission and that the state commission will deal with matters relating to declaring any terms of contract, which is unfair to any consumer, to be null and voidclause 50-this clause empowers the state commission to review any order made by it, if there is an error apparent on the face of record either of its own motion or on anapplication made by any of the parties within thirty days of such orderclause 51-this clause provides for appeal against the order of the state commission to the national commission within a period of thirty days from the date of the order in such form and manner as may be prescribed if the appeal involves a substantial question of law; entertaining the appeal by the national commission after the expiry of the period of thirty days on being satisfied that there was sufficient cause for not filing it within that period; entertaining the appeal by the national commission only after the appellant has deposited in the prescribed manner fifty per cent of the amount ordered to be paidclause 52-this clause provides for disposal of appeal by the state commission or the national commission within a period of ninety days from the date of its admission; not granting of adjournment without sufficient cause; recording of reasons in writing if the appeal is disposed of after the specified period of ninety daysclause 53- this clause provides for establishment of the national consumer disputes redressal commission by the central government, which will ordinarily function in the national capital region and perform its functions at such other places as the central government may in consultation with the national commission notify in the official gazettethe central government to establish regional benches of the national commission at such places, as it deems fitclause 54-this clause provides for composition of the national commission with a president and not less than four and not more than such number of members, as may be prescribed by the central governmentclause 55- this clause empowers the central government may, by notification, to make rules to provide for qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the president and members of the national commission with provision that the president and members of the national commission shall hold office for such term as specified in the rules made by the central government but not exceeding five years from the date on which he enters upon his office and shall be eligible for re-appointment and that no president or member shall hold office as such after he has attained such age as specified in the rules made by the central government which shall not exceed seventy years in the case of the president and sixty-seven years in the case of any other member sub-clause (2) of this clause provides that neither the salary and allowances nor the other terms and conditions of service of president and members of the national commission shall be varied to his disadvantage after his appointmentclause 56-this clause provides that the president and every other member of the national commission appointed immediately before the commencement of section 177 of the finance act, 2017, shall continue to be governed by the provisions of the consumer protection act, 1986 and the rules made thereunder, as if this act had not come into forceclause 57-this clause makes provision for the central government to provide the national commission such number of officers and other employees to assist the national commission in the discharge of its functions and prescribing the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the national commissionclause 58-this clause provides for the original and appellate jurisdiction for filing of complaints in the national commission the pecuniary jurisdiction will be for value of goods and services exceeding ten crore rupeesclause 59-this clause provides that the provisions relating to complaints under clauses 35, 36, 37, 38 and 39 shall, with such modifications as may be necessary, be applicable to the disposal of disputes by the national commission sub-clause (2) provides that the national commission may also declare any terms of contract which is unfair to any consumer to be null and voidclause 60-this clause provides for the national commission to review its own orders if there is an error apparent on the face of the recordclause 61-this clause provides for the aggrieved party applying to the national commission setting aside its order passed ex-parteclause 62-this clause empowers the national commission, at any stage of the proceeding, either on the application of the complainant or of its own motion to transfer any complaint pending before the district commission of one state to a district commission of another state or before one state commission to another state commissionclause 63-this clause provides that in the case of the office of president in the national commission is vacant or a person occupying such office is, by reason of absence or otherwise, or the president is unable to perform the duties for any reasons, these shall be performed by the senior-most member of the national commissionclause 64- this clause provides that no act or proceeding of the district commission, the state commission or the national commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereofclause 65-this clause provides for the procedure for service of notice, etc clause 66-this clause provides that in the larger interest of consumers, the national commission or the state commission may direct any individual or organisation or expert to assist the national commission or the state commissionclause 67-this clause provides for appeal against the order of the national commission shall be made to the supreme court and every such appeal shall be entertained by the supreme court only after the appellant has deposited fifty per cent of the amount ordered by national commission in the manner as may be prescribed, etcclause 68 -this clause provides that every order of a district commission or the state commission or the national commission, as the case may be, shall, if no appeal has been preferred against such order under the provisions of this act, be finalclause 69 -this clause provides for a limitation period of two years from the date on which the cause of action has arisen for filing a complaint before the district commission, the state commission or the national commission with further provision that a complaint may be entertained after the limitation period if the complainant satisfies that he had sufficient cause for not filing the complaint within such period this clause also provides that no such complaint shall be entertained unless the district commission or the state commission or the national commission, as the case may be, records its reasons for condoning such delayclause 70-sub-clause (1) of this clause provides the administrative control of the national commission over all the state commissions and the district commissions to ensure that the objects and purposes of the act are best served and the standards set by the national commission are implemented without interfering with their quasi-judicial freedom in exercising administrative control, the national commission will have authority to lay down adequate standards in consultation with the central government from time to time for better protection of the interests of consumers; to monitor performance of the state commission in terms of their disposal by calling for periodical returns regarding the institution, disposal and pendency of cases; investigating into any allegations against the president and members of a state commission and submitting inquiry report to the state government concerned along with copy endorsed to the central government for necessary action; issuance of instructions regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of english translation of judgments written in any language, speedy grant of copies of documents; overseeing the functioning of the state commission or the district commission either by way of inspection or by any other means the president may like to order from time to time sub-clause (2) provides for constitution of a monitoring cell by the president of the national commission to oversee the functioning of the state commissions from the administrative point of view sub-clause (3) provides for the state commission to have administrative control over all the district commissions within its jurisdiction in all matters referred to in sub-clauses (1) and (2)sub-clause (4) provides for furnishing of any information including the pendency of cases by the national commission and the state commission to the central government periodically or as and when requiredsub-clause (5) provides for furnishing of any information including the pendency of cases by the state commission to the state government periodically or as and when requiredclause 71-this clause provides for enforcement of orders of the district commission, the state commission or the national commission to be in the same manner as if it were a decree made by a court in a suit before it and the provisions of order xxi of the first schedule to the code of civil procedure, 1908 shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order madeunder the actclause 72--this clause provides for punishment for non-compliance of the orders of the district commission or the state commission or the national commission with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both; the district commission, the state commission or the national commission to have the power of a judicial magistrate of the first class for the trial of offences under sub-clause (1), and on conferment of such powers, the district commission or the state commission or the national commission, as the casemay be, shall be deemed to be a judicial magistrate of first class for the purpose of the code of criminal procedure, 1973 sub-clause (3) provides summary trial power to the district commission or the state commission or the national commissionclause 73- this clause provides for appeal against order passed under section 72sub-clause (2) provides no appeal shall lie before any court from any order of a district commission or a state commission or the national commission sub-clause(3) provides thirty days time from the date of the order of a district commission or a state commission orthe national commission and also provides to condone delay by state commission or the national commission or the supreme court for entertaining the appeal beyond the thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period of thirty daysclause 74-this clause provides for establishment of consumer mediation cell attached to the district commissions, the state commissions and the national commission and each of the regional benches; sub-clause (3) empowers the state government and the central government to decide the composition of mediation cell; sub-clause (4) provides that every mediation cell shall maintain a list of empanelled mediators, a list of cases handled by the cell, record of proceeding and any other information as may be specified by regulations and submit a quarterly report to the district commission, the state commission or the national commission to which it is attached in the manner specified by regulationsclause 75-this clause provides for the procedure of empanelment of mediators in the mediation cell attached to the district commission or the state commission or the national commission and empanelled mediators shall be valid for five years and eligible to be considered for another term subject to such conditions as may be specified by regulationsclause 76-this clause provides for nominating mediators from the panel, considering their suitability for resolving the consumer dispute involvedclause 77-this clause provides that it shall be the duty of mediator to disclose certain facts which may likely to give rise to a justifiable doubt as to his independence or impartialityclause 78-this clause provides for replacement of a mediator by the district commission or the state commission or the national commission on the information furnished by the mediator or on the information received from any other person including parties to the complaint and after hearing the mediatorclause 79-this clause provides for the procedure of mediation clause 80- this clause provides for provisions relating to settlement through mediation and the role of mediator when an agreement is reached between the parties with respect to all of the issues involved in the consumer dispute or with respect to only some of the issues, and in the event where no agreement is reached between the partiesclause 81-this clause provides for passing of order within seven days of the receipt of any settlement by the district commission or the state commission or the national commission recording that a settlement has been reached between the parties and disposal of the matter; hearing other issues in case of partial settlement of the dispute; continuing hearing all issues where the dispute could not be settledclause 82- this clause provides for product liability action by a complainant for any harm caused by a defective product manufactured by a product manufacturer or serviced by a product service provider or sold by a product sellerclause 83- this clause states that a product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective productclause 84-this clause provides for the grounds on which a product manufacturer shall be liable in a product liability actionclause 85-this clause provides for the grounds on which a product service provider shall be liable in a product liability actionclause 86-this clause provides for the circumstances under which a product seller who is not a product manufacturer shall be liable in a product liability actionclause 87-this clause provides for exceptions to product liability action against product seller and manufacturerclause 88-this clause provides for the penalty for non-compliance of direction of central authority issued under clauses 20 and 21clause 89-this clause provides for punishment by a court for false or misleading advertisement by any manufacturer or service provider with imprisonment for a term which may extend to two years and with fine which may extend to ten lakh rupees; and for every subsequent offence, with imprisonment for a term which may extend to five years and with fine which may extend to fifty lakh rupeesclause 90- this clause provides for higher punishment with imprisonment and fine by a court to a person who, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any product containing an adulterant, with provision for suspension and cancellation of licence issued to the personclause 91-this clause provides for punishment with imprisonment and fine by a court to a person who, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any spurious goods, with provision for suspension and cancellation of licence issued to the personclause 92-this clause provides for a competent court to take cognizance of any offence under clauses 88 and 89 only on a complaint filed by the central authority or any officer authorised by it in this behalfclause 93-this clause provides for punishment for vexatious search by the director-general or any other officer, exercising powers under clause 22, knowingly that there are no reasonable grounds for so doing and yet searches, or causes to be searched any premises or seizes any record, register or other document or article, with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with bothclause 94-this clause empowers the central government to take such measures in the manner as may be prescribed for the purposes of preventing unfair trade practices in e-commerce, direct selling and also to protect the interest and rights of consumersclause 95- this clause provides that the presidents, members, officers and other employees of the district commission, the state commission and the national commission, the chief commissioner and all other officers and employees of the central authority and other persons performing any duty under the proposed legislation, shall be deemed to be public servants within the meaning of section 21 of the indian penal codeclause 96- this clause provides for compounding of offences punishable under sections 88 and 89 by the central authority either before or after the institution of the prosecution on payment of such amount as may be prescribedclause 97- this clause provides for the manner of crediting penalty collected under clause 21 and the amount collected under clause 96clause 98-this clause makes provision for protection of action taken in good faith by the members of the district commission, the state commission and the national commission or the chief commissioner, the commissioner, any officer or employee and other person performing any duty under the proposed legislationclause 99- this clause empowers the central government to give directions on questions of policy to the central authorityclause 100-this clause provides that the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in forceclause 101-this clause provides for the power to the central government to make rulesclause 102-this clause provides for the power to the state governments, to make rules, conforming to the model rules made by the central governmentclause 103-this clause empowers the national commission to make regulations not in consistent with the proposed legislation to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of the proposed legislation, with previous approval of the central governmentclause 104-this clause empowers the central authority to make regulations consistent with this act, for the purpose of giving effect to the provisions of this act, with the previous approval of the central governmentclause 105-this clause provides for laying of every rule and every regulation made by the central government, the national commission and the central authority under the proposed legislation before each house of parliament and also every rule made by a state government before the state legislatureclause 106-this clause provides for the power to remove difficulties that may arise in giving effect to the provisions of the proposed legislationclause 107-this clause provides for repeal and savings financial memorandumclause 10 seeks to establish an authority to be known as the central consumer protection authority (central authority) to be headed by a chief commissioner and such number of other commissioners to exercise powers and discharge functions under the proposed legislation2 clause 11 provides for making rules by the central government in regard to the qualifications for appointment, method of recruitment, procedure for appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of the service of the chief commissioner and commissioners of the central authority3 clause 13 provides that the central government shall provide the central authority such number of officers and other employees as it considers necessary for the efficient performance of its functions and the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the central authority it also provides that the central authority may engage, in accordance with the procedure specified by regulations, such number of experts and professionals as it deems necessary to assist it in the discharge of its functions4 clause 15 provides that the central authority shall have an investigation wing for the purpose of conducting inquiry or investigation and may appoint a director-general and such number of additional director-general, director, joint director, deputy director and assistant director5 clause 30 provides for the salaries and allowances payable to, and other terms and conditions of service of, the president and members of district commission to be prescribed by the state government6 clause 33 provides that the state government shall provide the district commission such officers and other employees to assist the district commission in the discharge of its functions and the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the district commission shall be prescribed by the state government7 clause 44 provides for the salaries and allowances payable to, and other terms and conditions of service of, the president and members of the state commissions to be prescribed by the state government8 clause 46 provides that the state government shall provide the state commission such officers and other employees to assist the state commission in the discharge of its functions and the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the state commission shall be prescribed by the state government9 clause 55 provides that the central government may, by notification, make rules to provide for qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the president and members of the national commission10 sub-clause (1) of clause 57 provides that the central government, in consultation with the president of the national commission shall provide such number of officers and other employees to assist the national commission in discharge of its functions as it may think fit sub-clause (3) provides that the salaries and allowances payable to, and the other terms and conditions of the service of, the officers and other employees of the national commission shall be as may be prescribed by the central government11 sub-clause (2) of clause 70 seeks to set up a monitoring cell to be constituted by the president of the national commission to oversee the functioning of the state commissions from the administrative point of view12 sub-clause (1) of clause 74 provides that the state government shall establish a consumer mediation cell to be attached to each of the district commissions and the state commissions of that state sub-clause (2) provides that the central government shall establish a consumer mediation cell to be attached to the national commission sub-clause (3) provides that a consumer mediation cell shall consist of such persons as may be prescribed 13 the financial implications arising from the establishment of the proposed central consumer protection authority is estimated at an annual recurring expenditure of rupees eight crore to cover operating costs including salaries and allowances appropriate budgetary allocations shall be made to meet this expenditure from the annual budget of the department of consumer affairs14 it would be difficult to indicate the exact expenditure involved in the appointment of additional members and officers and employees of the district commission and the state commission as this would depend upon the actual number of such members or officers and other employees appointed by the state governments however, the expenditure on this account would be incurred by the state governments the bill does not envisage any other expenditure of recurring or non-recurring memorandum regarding delegated legislationsub-clause (1) of clause 101 of the bill empowers the central government to make, by notification in the official gazette, rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include- (a) the other class or classes of persons including public utility entities under sub-clause (19) of clause 2; (b) the contest, lottery, game of chance or skill which are to be exempted under sub-item (b) of item (iii) of sub-clause (47) of clause 2; (c ) the manner of issuing bill or cash memo or receipt for goods sold or services rendered under item (vii) of sub-clause (47) of clause 2; (d) the number of other official or non-official members of the central council under item (b) of sub-clause (2) of clause 3;(e) the time and place of meeting of central council and the procedure for the transaction of its business under sub-clause (2) of clause 4; (f) the number of commissioners in the central authority under sub-clause (2) of clause10; (g) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the chief commissioner and other commissioners of the central authority under clause 11; (h) the salary and allowances payable to, and the other terms and conditions of service of, the officers and other employees of central authority under sub-clause (2) of clause 13; (i) the qualifications for appointment of director general, additional director-general, director, joint director, deputy director and assistant director and the manner of appointment under sub-clause (2) of clause 15; (j)the manner of taking copies or extracts of document, record or article seized or produced before returning to the person under sub-clause (3) of clause 22; (k) the officer and the manner of disposing of articles which are subject to speedy or natural decay under subclause (4) of clause 22; (l) the form and manner for preparing annual statement of accounts by central authority in consultation with the comptroller and auditor-general of india under sub-clause (1) of clause 26; (m) the form in which, and the time within which, an annual report, other reports and returns may be prepared by the central authority under sub-clause (1) of clause 27; (n) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of president and members of the district commission under clause 29; (o) the other value of goods and services in respect of which the district commission shall have jurisdiction to entertain complaints under proviso to sub-clause (1) of clause 34; (p) the manner of electronically filing complaint under the proviso to sub-clause (1) of clause 35; (q) the fee, electronic form and the manner of payment of fee for filing complaint under sub-clause (2) of clause 35; (r) the cases which may not be referred for settlement by mediation under sub-clause (1) of clause 37; (s) the manner of authentication of goods sampled in case of national commission under item (c) of subclause (2) of clause38; (t) any other matter which may be prescribed under item (f) of subclause (9) of clause 38; (u) the fund where the amount obtained may be credited and the manner of utilisation of such amount under sub-clause (2) of clause 39; (v) the form and the manner in which appeal may be preferred to the state commission under clause 41; (w) the qualifications for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal ofthe president and members of the state commission under clause 43; (x) the other value of goods and services in respect of which the state commission shall have jurisdiction under the proviso to sub-item (i) of item (a) of sub-clause (1) of clause 47; (y) the form and manner of filing appeal to the national commission, and the manner of depositing fifty per cent of the amount before filing appeal, under sub-clause (1) of clause51; (z) the number of members of the national commission under item (b) of clause 54; (za)the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of president and members of the national commission under sub-clause (1) of clause 55; (zb) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the national commission under sub-clause(3) of clause 57; (zc) the other value of goods and services in respect of which the national commission shall have jurisdiction under the proviso to subitem (i) of item (a) of sub-clause (1) of clause 58; (zd) the manner of depositing fifty per centof the amount under the second proviso to clause 67; (ze) the form in which the national commission and the state commission shall furnish information to the central government under sub-clause (4) of clause 70; (zf)the persons in the consumer mediation cell under subclause (3) of clause 74; (zg) the measures to be taken by the central government to prevent unfair trade practices in e-commerce, direct selling, etc, under clause 94; (zh) the amount for compounding offences under sub-clause (1) of clause 96; (zi) the fund to which the penalty and amount collected shall be credited under clause 97; and (zj) any other matter which is to be, or may be prescribed, or in respect of which provisions are to be, or may be, made by rules2 sub-clause (1) of clause 102 of the bill empowers the state government to make, by notification in the official gazette, rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include- (a) the other class or classes of persons including public utility entities under sub-clause (19) of clause 2; (b) the contest, lottery, game of chance or skill which are to be exempted under sub-item (b) of item (iii) of sub-clause (47) of clause 2; (c ) the number of other official or non-official members of the state council under item (b) of sub-clause (2) of clause 6; (d) the time and place of meeting of the state council and the procedure for the transaction of its business under sub-clause (4) of clause6; (e ) the number of other official and non-official members of district council under item (b) of subclause (2) of clause 8; (f) the time and place of meeting of the district council and procedure for the transaction of its business under sub-clause (4) of clause 8; (g) the number of members of the district commission under item (b) of sub-clause (2) of clause 28; (h) the salaries and allowances payable to, and other terms and conditions of service of, the presidentand members of the district commission under clause 30; (i) the salaries and allowancespayable to, and other terms and conditions of service of, the officers and other employees ofthe district commission under sub-clause (3) of clause 33; (j) the manner of authentication of goods sampled by the state commission and the district commission under item (c) ofsub-clause (2) of clause 38; (k ) the manner of depositing fifty per cent of the amount before filing appeal under the second proviso to clause 41; (l) the number of members of the state commission under sub-clause (3) of clause 42; (m) the salaries and allowances payable to, and other terms and conditions of service of, the president and members of the state commission under clause 44; (n) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the state commission under sub-clause (3) of clause 46; (o) the form in which the state commission shall furnish information to the state government under sub-clause (5) of clause 70; (p) the persons in the consumer mediation cell under sub-clause (3) of clause 74; (q) any other matter which is to be, or may be prescribed, or in respect of which provisions are to be, or may be, made by rules3 sub-clause (1) of clause 103 of the bill empowers the national commission, with the revious approval of the central government, to make regulations not inconsistent with the proposed legislation to provide for all the matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of the proposed legislation sub-clause (2)provides that the regulations may make provisions for - (a) the costs for adjournment to be imposed by the district commission under the second proviso to sub-clause (7) of clause 38; (b) the costs for adjournment to be imposed by the state commission or the national commission, as the case may be, under the second proviso to clause 52; (c ) the maintenance of any other information by the consumer mediation cell under sub-clause (4) of clause 74;(d) the manner of submission of quarterly report by consumer mediation cell to district commission, state commission or the national commission under sub-clause (5) of clause74; (e) the qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of training empanelled mediators, the fee payable to empanelled mediator, the terms and conditions for empanelment, the code of conduct for empanelled mediators, the grounds on which, and the manner in which, empanelled mediators shall be removed or empanelment shall be cancelled and the other matters relating thereto under sub-clause (2) of clause 75; (f) the conditions for re-empanelment of mediators for another term under sub-clause (3) of clause 75; (g) the other facts to be disclosed by mediators under sub-clause (c) of clause 77; (h) the time within which, and the manner in which, mediation may be conducted under sub-clause (3) of clause 79; and (i) such other matter for which provision is to be, or may be made by regulation4 sub-clause (1) of clause 104 of the bill empowers the central authority, with the previous approval of the central government, to make regulations not inconsistent with the proposed legislation, for the purpose of giving effect to the provisions of this legislation sub-clause (2) provides that the regulations may make provisions for - (a) the procedure for engaging experts and professionals and the number of such experts and professionals under sub-clause (3) of clause 13; (b) the procedure for transaction of business and the allocation of business of the chief commissioner and commissioner under sub-clause (1) of clause 14; (c) the form, manner and time within which, inquiries or investigation made by the director-general shall be submitted to the central authority under sub-clause (5) of clause15; and (d) such other matter for which provision is to be, or may be made by regulation5 the matters in respect of which rules and regulations may be made relate to matters of procedure or administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto provide for protection of the interests of consumers and for the said purpose, to establishauthorities for timely and effective administration and settlement of consumers' disputes and for matters connected therewith or incidental thereto————

Parliament_bills

fbdacad3-cd39-58d2-ad17-5d2939a8fcab

bill no viii of 2006 the working women (prevention of sexual harassment at workplaces) bill, 2006 a billto provide for the prevention of sexual harassment or exploitation of working women at their work places by their employers, superiors, fellow colleagues or by anyone who is directly or indirectly connected with such work place through deterrent punishment and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the working women (prevention of sexual harassment at workplaces) act, 2006short title, extent and commencement5(2) it extends to the whole of india(3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of state the government of that state and in other cases the central government;(b) "employer" means,—(i) in relation to an establishment under the control of the appropriate government, the head of the department or ministry as the case may be;(ii) in relation to an establishment under any local authority or local self government, the chief executive officer by whatever designation called(iii) in relation to other cases, the person or the authority who has the ultimate control over the affairs of the work place (c) "prescribed" means prescribed by rules made under this act; (d) "sexual exploitation or harassment" includes any unwanted or unwarranted gesture or verbal sexual advances, sexually explicit and derogatory statements or remarks, avoidable and unwarranted physical contacts, willfully touching or patting, suggestive sexual remarks, sexually slanted and obscene jokes, vulgar comments about physical appearance, indecent invitations, use of pornographic material, demand for sexual favours, demanding sexual favour by making telephone calls or sending sms, threats of physical assault or molestation on refusal by the women workers by their male superiors, colleagues or any one who for the time being is in a position to sexually exploit or harass the working women at any work place;(e) "working woman" means any woman who is employed, whether directly or through any agency for wages or for similar other considerations at any work place;(f) "work place" includes a factory, mine, plantation, agricultural field, livestock rearing site including poultry, hospital or nursing home, shop or business establishment, brick kiln, construction site, banking or financial institutions including cooperative ones, government or semi-government establishments or departments including post offices and telecommunication, private office or service provider, cyber cafes and call centres, mobile phone companies, schools, colleges, universities and like institutions and such establishments wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, airlines, film industry and any such other place where a woman is employed for any work whatsoever3 (1) sexual exploitation or harassment of any working woman at her work place is hereby prohibited(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this actprohibition of sexual exploitation or harassment of working women at workplace penalty45 of 19604 notwithstanding anything contained in the indian penal code or any other law forthe time being in force whoever contravenes the provisions of section 3 shall be punished with imprisonment for a term which shall not be less than three years but may extend to five years and also with fine which may extend to two lakh rupees5 (1) notwithstanding anything contained in any other law for the time being in force,the onus of proving the innocence shall be on the accused and the sexually harassed woman shall have the right to lead evidence in rebuttalburden of proof and trial in camera etc(2) the trial of an offence committed under this act shall be held in camera if theharassed woman so desires(3) notwithstanding anything contained in any other law for the time being in force,the case of a sexually harassed woman at a work place shall be pleaded either by herself or with her consent by any women's organisation or the trade union of which she is a membersetting up of complaint committees6 (1) the appropriate government shall as soon as may be set up adequate number ofcomplaint committees in all its ministries and departments, semi government organizations, public sector enterprises, banking and financial institutions, trusts and local self bodies and in all the district headquarters and block levels for redressal of the complaints made by the sexually exploited and harassed working women at their work places(2) the complaint committees shall consist of such members and the committee shall follow such procedure as may be prescribed7 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force dealing with the subject matter of this actact to supplement other laws power to make rules8 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonshalf of the population of the nation is women who have been exploited for centurieshowever, with the change of time there is awakening amongst the women and, today, in almost every field of economic activity, women form a good part of the workforce as a result, the number of working women is increasing very fast women have now to work under the most disadvantageous service conditions in certain establishments and cases of their sexual exploitation are also increasing day by day working women are very often sexually harassed at the work places by their male employers, bosses, colleagues, and others but more often these cases are not reported by them for fear of social ostracism, family pressure or reprisal through threats and discriminatory treatment as a result the working women often feel insecure at their work places the supreme court of india has taken this issue very seriously in the case of vishaka and others vs state of rajasthan and others, the supreme court has laid down norms and guidelines to be followed by employers or other responsible persons in the work places or other institutions to prevent or deter the commission of acts of sexual harassment as also to provide the procedures for resolution , settlement or prosecution of acts of sexual harassment by taking all steps required including setting up of complaints committees for redressal of the complaint made by the victim the national commission for women has also taken up this issue very seriously it has, however been found that the complaint committees have not been formed in a number of casesthough the supreme court judgement is there, no law however, has been enacted to deal exclusively with this issue, which is of vital importance for the working women throughout the countryhence this billsushma swaraj financial memorandumclause 6 of the bill provides for setting up of complaint committees the bill if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifty crore may involve as recurring expenditure from the consolidated fund of india per annumno non-recurring expenditure is likely to be incurred memorandum regarding delegated legislationclause 8 of the bill gives power to the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the prevention of sexual harassment or exploitation of working women at theirwork places by their employers, superiors, fellow colleagues or by anyone who is directly or indirectly connected with such work place through deterrent punishment and for matters connected therewith or incidental thereto————(shrimati sushma swaraj, mp)mgipmrnd—5995rs(s-5)—03032006

Parliament_bills

2e5c301b-f6ba-5152-9abf-3401dd59d882

bill no ix of 2011 the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) amendment bill, 2011 a billto amend the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the labour laws (exemption from furnishing returnsand maintaining registers by certain establishments) amendment act, 2011short title and commencement3 for section 4 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 45e x e m p t i o n from furnishing or maintaining of returns and r e g i s t e r s required under certain labour laws"4 (1) notwithstanding anything contained in a scheduled act, on and from the commencement of the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) amendment act, 2011, it shall not be necessary for an employer in relation to any small establishment or very small establishment to which a scheduled act applies, to furnish the returns or to maintain the registers required to be furnished or maintained under that scheduled act:provided that such employer—10(a) furnishes, in lieu of such returns, annual return in form i; and (b) maintains, in lieu of such registers,—(i) registers in form ii and form iii, in the case of small establishments, and15(ii) a register in form iii, in the case of very small establishments, at the work spot: provided further that every such employer shall continue to—2011 of 1948(a) issue wage slips in the form prescribed in the minimum wages(central) rules, 1950 made under sections 18 and 30 of the minimum wages act, 1948 and slips relating to measurement of the amount of work done by piece-rated workers required to be issued under the payment of wages (mines) rules, 1956 made under sections 13a and 26 of the payment of wages act, 1936; and4 of 19362563 of 1948 69 of 1951(b) file returns relating to accidents under sections 88 and 88a of the factories act, 1948 and sections 32a and 32b of the plantations labour act, 195130(2) the annual return in form i and the registers in forms ii and iii and wage slips, wage books and other records, as provided in sub-section (1), may be maintained by an employer on a computer, computer floppy, diskette or other electronic media:provided that a printout of such returns, registers, books and records or a portion thereof is made available to the inspector on demand35(3) the employer or the person responsible to furnish the annual return in form i may furnish it to the inspector or any other authority prescribed under the scheduled acts through electronic mail if the inspector or the authority has the facility to receive such electronic mail40(4) save as provided in sub-section (1), all other provisions of a scheduled act, including, in particular, the inspection of the registers by, and furnishing of their copies to, the authorities under that act, shall apply to the returns and registers required to be furnished or maintained under this act as they apply to the returns and registers under that scheduled act45(5) where an employer in respect of an establishment referred to in sub-section(1), to whom a scheduled act applies, furnishes returns or maintains the registers as provided in the proviso to sub-section (1), nothing contained in that scheduled act shall render him liable to any penalty for his failure to furnish any return or to maintain any register under that scheduled act"4 for the first schedule and second schedule to the principal act, the following schedules shall be substituted, namely:— "the first schedulesubstitution of new schedules for first schedule and second schedule[see section 2(d)]1 the payment of wages act, 1936 (4 of 1936)52 the weekly holidays act, 1942 (18 of 1942) 3 the minimum wages act, 1948 (11 of 1948)4 the factories act, 1948 (63 of 1948)5 the plantations labour act, 1951 (69 of 1951)106 the working journalists and other newspaper employees (conditions ofservice) and miscellaneous provisions act, 1955 (45 of 1955)7 the motor transport workers act, 1961 (27 of 1961) 8 the payment of bonus act, 1965 (21 of 1965)159 the beedi and cigar workers (conditions of employment) act, 1966 (32 of1966)10 the contract labour (regulation and abolition) act, 1970 (37 of 1970)11 the sales promotion employees (conditions of service) act, 1976 (11 of1976)12 the equal remuneration act, 1976 (25 of 1976)2013 the inter-state migrant workmen (regulation of employment and conditionsof service) act, 1979 (30 of 1979)14 the dock workers (safety, health and welfare) act, 1986 (54 of 1986) 15 the child labour (prohibition and regulation) act, 1986 (61 of 1986)2516 the building and other construction workers (regulation of employmentand conditions of service) act, 1996 (27 of 1996)———— the second schedule[see section 2 (c)] form i[see section 4 (1)]annual return30(to be furnished to the inspector or the authority specified for this purpose under the respective scheduled act before the 31st january of the following year)(ending 31st december__________________)1 name of the establishment, its postal address, telephone number, fax number,e-mail address and location________________________________________35____________________________________________________________2 name and postal address of the employer_________________________________________________________________________________________3 name and address of principal employer, if the employer is a contractor_____________________________________________________________________404 name of the manager responsible for supervision and control____________________ (i) name of business, industry, trade or occupation carried on by the employer___________________________________________________________ (ii) date of commencement of the business, industry, trade or occupation___________________________________________________________________55 employer's number under esi/epf/welfare fund/pan no, if any______________ 6 maximum number of workers employed on any day during the year to which this returnrelates to: category highly skilledskilledsemi-skilledun-skilledmale10female15children (those who have not completed 18 years of age) total7 average number of workers employed during the year: 8 total number of mandays worked during the year: 9 number of workers during the year:(a) retrenched:20(b) resigned:(c) terminated:10 retrenchment compensation and terminal benefits paid (provide information completelyin respect of each worker)__________________________________ ____________________________________________________________2511 mandays lost during the year on account of—(a) strike:(b) lockout:(c) fatal accident:30(d) non-fatal accidents:12 reasons for strike or lockout:13 total wages paid (wages and overtime to be shown separately): 14 total amount of deductions from wages made:15 number of accidents during the years:35reported to inspector of reported to reported to workmen'sothersfactories/dock safety employees' state compensation insurance commissioner corporation40fatal non-fatal16 compensation paid under the workmen's compensation act, 1923 (8 of 1923) duringthe year_____________ (i) fatal accidents:(ii) non-fatal accidents:17 bonus5(a) number of employees eligible for bonus:(b) percentage of bonus declared and number of employees who were paid bonus: (c) amount payable as bonus:(d) total amount of bonus actually paid and date of payment:10signature of the manager/employer place:with full name in capital lettersdate: annexure to form i15name andperiod ofnature ofmaximum number ofnumber of daysnumber ofaddress ofcontractworkworkers employed byworkedmandaysthefromeach contractorworkedcontractort o123456delete, if not applicable form ii [see section 4(1)] register of persons employed-cum-employment cardname of the establishment, address, telephone number, fax number and e-mail address__________________________________________________________________5location of work_________________________________________________________ name and address of principal employer if the employer is a contractor_______________ _________________________________________________________________________1 name of workman/employee___________________________________________ 2 father's/husband's name_____________________________________________103 address:(i) present________________________________________________________(ii) permanent______________________________________________________4 name and address of the nominee/next of kin______________________________ 5 designation/category________________________________________________156 date of birth/age___________________________________________________ 7 educational qualifications_____________________________________________ 8 date of entry_________________________________________ 9 worker's id no/esi/epf/lwf no_____________________2010 if the employed person is below 14 years, whether a certificate of ageis maintained ____________________________________________________11 sex: male or female_______________________________________________ 12 nationality_______________________________________________________ 13 date of termination of employment with reason___________________________________________________________________________________________2514 signature/thumb impression of worker/employee___________________________ 15 signature of the employer/authorised officer with designation______________________________________________________________________________signature of the contractor/authorised representative of the principal employer form iii [see section 4 (1)] muster roll-cum-wage registername of the establishment and address location of work5name and address of employer123456781015| serial | name of the | designation/ | attendance | leave due | leave availed | wage rate/ | other ||----------------------|----------------|-----------------------------------|---------------|---------------|-----------------|--------------|-------------|| number | worker (id | category/nature | (dates of the | (earned leave | (specify) | pay or piece | allowances, || no if any) and | of work | month 1, 2, to and other kind | rate/wages | eg | | | || father's/ | performed | 31) | of admissible | per unit | (a) dearness | | || husband's | leave) | allowance | | | | | || name | (b) house | | | | | | || rent allowance | | | | | | | || (c) night allowances | | | | | | | || (d) displacement | | | | | | | || allowance | | | | | | | || (e) outward | | | | | | | || journey | | | | | | | || allowance | | | | | | | || 20 | | | | | | | || (a) | | | | | | | || (b) | | | | | | | || (c) | | | | | | | || (d) | | | | | | | || (e) | | | | | | | || 25 | | | | | | | || 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 || 30 | | | | | | | || overtime | amount of | amount of | total/gross | deduction | eg | net amount | signature/ || worked | overtime | advance and | earnings | (a) provident | payable | receipt of | || number of | wages | purpose of | fund | (12-13) | wages/ | | || hours in | advance | (b) advance | allowances | | | | || the month | (c) employees' | for column | | | | | || state insurance | number 14 | | | | | | || (d) other amount | | | | | | | || (a) | | | | | | | || (b) | | | | | | | |35(c)(d)certificate by the principal employer if the employer is contractor this is to certify that the contractor has paid wages to workmen employed by him as shown in this registersignature of principal employer/authorised representative of principal employer" statement of objects and reasonsparliament enacted from time to time a number of labour laws for regulating employment and conditions of service of workers whenever a new law was enacted, it prescribed certain registers to be maintained by the employers simultaneously, the laws also prescribed for furnishing of returns of various details by the employers to the concerned enforcing authorities over the years, the numbers of such registers to be maintained and the returns to be furnished by the employers under different labour laws have increased considerably at present, the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988 has limited application for providing exemption only to establishments employing up to nineteen persons2 there have been persistent demands from various quarters to simplify the forms of various returns to be furnished and registers to be maintained by the employers under different labour laws and also to expand the coverage of the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988 to establishments employing more than nineteen persons after the introduction of computers in all spheres of business, demand has also been made to design computer-based forms and make provision for transmitting the returns electronically3 with a view to expanding the coverage of the aforesaid act to establishments employing up to five hundred workers and to prescribe simplified user friendly forms and to provide for maintenance of registers or records in computer, computer floppy, diskette or other electronic media and submit the returns through electronic mail, the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) amendment and miscellaneous provisions bill, 2005 was introduced in rajya sabha on the 22nd august, 2005 the bill was referred to by the department related parliamentary standing committee on labour for examination and report the standing committee advised to discuss the provisions of the bill with the employers' and employees' organisations and to redraft the amendments on the basis of consensus as may be reached accordingly, several meetings were held with the representatives of the employers' and employees' organisations since giving effect to the recommendations of the parliamentary standing committee and also the suggestions made by various employers' and employees' organisations required amendments to almost all the clauses of the bill, it is considered appropriate to withdraw the aforesaid bill and to introduce a fresh bill4 the proposed labour laws (exemption from furnishing returns and maintaining registers by certain establishments) amendment bill, 2011, inter alia, seeks to provide for the following:—(i) to revise the definition of the expression "small establishment" so as to coverthose establishments in which not less than ten and not more than forty persons are employed or were employed on any day of the preceding twelve months within the meaning of that expression instead of not less than ten and not more than nineteen persons, as at present;(ii) to provide for maintenance of registers and returns in computer, computer floppy,diskette or other electronic media and to submit returns through electronic mail;(iii) to substitute the first schedule to the act for applying the provisions of the actto sixteen enactments in place of nine enactments, as at present; and(iv) to substitute the second schedule to the act to specify new forms instead of thepresent forms a, b, c, d and e5 the bill seeks to achieve the above objectivesnew delhi;mallikarjun khargethe 23rd february, 2011 annexure extracts from the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988 (51 of 1988)definitions2 in this act, unless the context otherwise requires,— (e) "small establishment" means an establishment in which not less than ten and not more than nineteen persons are employed or were employed on any day of the preceding twelve months; 4 (1) on and from the commencement of this act, it shall not be necessary for an employer in relation to any small establishment or very small establishment to which a scheduled act applies to furnish the returns or to maintain the registers required to be furnished or maintained under that scheduled act:exemption from returns and registers required under certain labour lawsprovided that such employer—(a) furnishes, in lieu of such return, a code returns in form a; (b) maintains, in lieu of such registers,—(i) registers in form b, form c and form d, in the case of small establishments; and(ii) register in form e, in the case of very small establishments:provided further that every such employer shall continue to—11 of 1948(a) issue wage slips in the form prescribed in the minimum wages (central)rules, 1950 made under sections 18 and 30 of the minimum wages act, 1948 and slips relating to measurement of the amount of work done by piece-rated workers required to be issued under the payment of wages (mines) rules, 1956 made under sections 13a and 26 of the payment of wages act, 1936; and4 of 1936(b) file returns relating to accidents under sections 88 and 88a of the factories act, 1948 and sections 32a and 32b of the plantations labour act, 195163 of 194869 of 1951(2) save as provided in sub-section (1), all other provisions of a scheduled act, including in particular, the inspection of the registers by, and furnishing of their copies to, the authorities under that act, shall apply to the returns and registers required to be furnished or maintained under this act as they apply to the returns and registers under that scheduled act(3) where an employer in relation to a small establishment or very small establishment to which a scheduled act applies, furnishes returns or maintains the registers as provided in the proviso to sub-section (1), nothing contained in that scheduled act shall render him liable to any penalty for his failure to furnish any return or to maintain any register under that scheduled act first schedule [see section 2(d)](1) the payment of wages act, 1936 (4 of 1936) (2) the weekly holidays act, 1942 (18 of 1942) (3) the minimum wages act, 1948 (11 of 1948) (4) the factories act, 1948 (63 of 1948) (5) the plantations labour act, 1951 (69 of 1951)(6) the working journalists and other newspapers employees (conditions of service)and miscellaneous provisions act, 1955 (45 of 1955)(7) the contract labour (regulation and abolition) act, 1970 (37 of 1970)(8) the sales promotion employees (conditions of service) act, 1976 (11 of 1976)(9) the equal remuneration act, 1976 (25 of 1976) second schedule[see section 2(c)]form a[see section 4(1) proviso (a)]core returnretrun for the year ending 31st december(to be furnished on or before the 15th february of the succeeding year by small establishments and very small establishments)1 (a) name and postal address of the establishment (b) name and residential address of the employer(c) name and residential address of the manager or person responsible for supervision and control of the establishment(d) name of the principal employer in the case of a contractor's establishment(e) date of commencement of the establishment nature of operation/industry/work carried on2 (a) number of days worked during the year(b) number of man-days worked during the year(c) daily hours of work (d) day of weekly holiday3 (a) average number of persons employed during the year(i) males (ii) females(iii) adolescents (those who have completed 14 years but have not completed18 years of age)(iv) children (those who have not completed 14 years of age)(b) maximum number of workers employed on any day during the year(c) number of workers discharged, dismissed, retrenched or whose services were terminated during the year4 rates of wages-categorywise(1) males (2) females (3) adolescents (4) children5 gross wages paid:(a) in cash (b) in kind6 deductions:(a) fines (b) deductions for damage or loss (c) other deductions7 number of workers who were granted leave with wages during the year 8 nature of welfare amenities provided; statutory (specify the statute)9 does the establishment carry out any hazardous process or dangerous operation coming within the meaning of the factories act, 1948 if so, give particulars10 number of accidents:(a) fatal (b) non-fatal11 nature of safety measures provided as required under the factories act, 1948signature of employer with full name in capitalsdate place form b [see section 4(1) proviso (b)(i)] register of wages required to be maintained by small establishments(to be maintained within seven days of the expiry of the wage period)| name of the establishment | name and address of employer ||--------------------------------------------------------------------------------------------------------|---------------------------------------------|| address (local) | nature of work || (permanent) | wage period || serial | name of || number | the || employee | permanent/ || temporary/ | of units || casual/part- | worked basic wage || time or any | allowance or || other | || statutory actual | || minimum | || rate | || 1 | 2 3 || wages earned deduction | || total | advances fines due to provident fund || amount | damage or || loss by | indicating || neglect or | the nature || default | employers' || contribution contribution contribution contribution | with date || 16 | 17 |notes:1 in case of deduction of any advance taken by an employee, the employer shall also indicate therein the number of instalments paid/total instalments by which advance is to be repaid such as "5/20, 6/20" etc the purpose of advance shall also be mentioned in the remarks column2 in case of imposition of fines or deduction for damage or loss, the specific act or omission for which the penalty has been imposedhas to be indicated in the remarks column a certificate shall also be recorded in the said column to the effect that an opportunity to show cause was given to the employee concerned before imposition of fine or deductionsignature of the employer with full name in capitalsdateplace form c [see section 4(1) proviso (b)(i)] muster roll to be maintained by small establishmentsname of establishment name and address of the employeraddress (local) (permanent) wage periodserialname of thedate ofpermanentage or datefather's orfor the periodtotalnumberemployeeemploymentaddressof birthhusband's nameendingattendancenumber ofunits ofwork doneduring12345678total overtimetotal production incompensatory rest3signature ofworked1case of piece ratedinspector withremarksworkers2datebrought forwardgiven during the wagefrom previousperiodwage period91011121314notes: 1 in the case of daily-rated workers, the extend of overtime done on each occasion has to be reflected against each concerned date, such as "p/1" meaning "present with one hour's overtime", "p/1-2" meaning "present with one and a half hour's overtime", and so on2 the number of units of work done by a piece-rated worker has to be noted for each day in the register in case of employmentof any child/adolescent, the employer shall indicate the hours worked each day with intervals of rest3 the compensatory rest availed by the worker has to be marked in the register in red ink as 'cr'note:column 7 to be filled up on each working day and the remaining columns to be completed within seven days of the expiry of the wage period| date ||---------|| place || form d | [see section 4(1) proviso (b)(i)] monthly register showing welfare amenities to be maintained by small establishments| name and address of the | address of the establishment: for the month of ||----------------------------------------|----------------------------------------------------|| employer | local/permanent || serial | name of the || number | employee || festivals or | availed by the || similar other | employee || occasions | || 1 | 2 || whether welfare amenities provided for | whether scheduled signature of the || rest room | drinking || water | tribe, handicapped, || or any other | || particular | || category | || 10 | 11 |note: to be completed within seven days of the expiry of each calendar month| date ||---------|| place | [see section 4(1) proviso (b)(ii)] monthly register of muster roll-cum-wages required to be maintained by very small establishments yearmonthor wage period(where different)name of establishment name of employeefather's namenature of workrate of wageswage perioddate of employmentdatehours ofinterval forhoursovertimecasual orprivilege leavesignatureremarksworkrest andworkedsicknessof theof themealwith theleaveemployeremployeremployeravailedduring thefromtofromtohourswagesmonth/leaveleavebalanceworkedearnedwagedueavailedperiod1 23456789101112131 4remuneration duedeductionsnetdate ofsignaturesignature ofbasicover-othertotalfines andotheradvance paid, if anyamount ofpayment or thumbinspectorsalary ortimeallowances,deductionsdeductionsdate amount totalpaymentimpressionwithwageif anyon accountof theremarks,of damageemployeeif any,or loss byand dateneglect ordefault15161718192021222324252627note : columns 1 to 12 to be filled up on each working day and the remaining columns to be completed within seven days of the expiry of the wage period| date ||---------|| place |———— a billto amend the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988————(shri mallikarjun kharge, minister of labour and employment)gmgipmrnd—7067rs(s3)—10-04-2011

Parliament_bills

c5ab8ebc-e601-581a-9462-0cf81ccf26b3

bill no 36 of 2009 the constitution (amendment) bill, 2009 byshri hansraj gangaramji ahir, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixtieth year of the republic of india as follows:— 1 this act may be called the constitution (amendment) act, 2009short title amendment of article 1302 article 130 of the constitution shall be renumbered as clause (1) thereof and after clause (1) as so renumbered, the following clause shall be added, namely:—5"(2) there shall be established a permanent bench of the supreme court atnagpur, consisting of such number of judges of the supreme court as the chief justice of india may from time to time determine, but not less than nine in number, to exercise the powers and jurisdiction for the time being vested in the supreme court in respect of cases arising in the states of andhra pradesh, chhattisgarh, gujarat, karnataka, kerala, maharashtra, madhya pradesh and tamil nadu and union territories of andaman and nicobar islands and puducherry" statement of objects and reasonsarticle 124 of the constitution provides for the establishment and constitution of the supreme court the seat of the supreme court is in new delhi and there is no bench of the court in any other part of the country litigants from all parts of the country have to come to delhi in connection with their cases in the supreme courtdelhi is the capital city located in north india litigants approaching the supreme court from the states of maharashtra, madhya pradesh, chhattisgarh, gujarat, karnataka, andhra pradesh, tamil nadu, kerala, puducherry and andaman and nicobar islands have to undergo a lot of hardships in terms of time and money due to long distance and a very high cost of travel moreover, there has been a constant demand for setting up of a division bench of the supreme court in the central or southern part of the countrykeeping in view the hardships being faced by the litigants coming from the central and the southern india to delhi and the demand of people of these regions, it will be appropriate to set up a bench of the supreme court at nagpur, which is in the central part of india nagpur is well connected with all other parts of the country through road, rail and air as its location is ideally suited for the people of both central and southern india, the people of these regions would be able to take advantage of it further, establishment of a permanent bench of the supreme court at nagpur would not only save the time and money of the litigants but also help in speedy disposal of the cases therefore, there is an urgent need to set up a permanent bench of the supreme court at nagpur so that people in the central and southern states shall have easy access to justice in a convenient manner the bill accordingly seeks to amend the constitution with a view to establish a permanent bench of the supreme court at nagpurhence this billnew delhi;hansraj gangaramji ahirjune 22, 2009 financial memorandumclause 2 of the bill provides for establishment of a permanent bench of the supreme court at nagpur 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 one crore per annuma non-recurring expenditure of about rupees ten crore is also likely to be involved annexure extract from the constitution of india 130 the supreme court shall sit in delhi or in such other place or places, as the chief justice of india may, with the approval of the president, from time to time, appointseat of supreme court lok sabha———— a billfurther to amend the constitution of india————(shri hansraj gangaramji ahir, mp)gmgipmrnd—2457ls(s-5)—03072009

Parliament_bills

3ae8bd84-4158-5a17-8c0c-effd43509fb6

the appropriation (railways) no 2 bill, 1961(as introduced in lok sabha on 13th march 1961) sabha cor:ri genda - to 'lihe appropriation (railhais) no2 bill, 1961~be/as introduced in lok ~~b~a) 1 page 2, line 3,-in the firs t column, in;:ort "1" 2 page 3, 11re 16,-in column 1 l2j: "21" ~ "22" , 3 - i:! the docke t p 3 ~e, -~ "president lt iw "president" 4 correct 11~ number on page 1 mw!elm, mar_ch 131961 pl:ial-guna -22, -1882 (s-aka) the appropriation (railways) no2 bill, 1961 (as introduced in lok sabha) - billto authoriae paymmt lind appropriation of certain sum! from and out of the consolidated fund of india for the ~ice &/ the financial year 1961-62 for the purposes of railway • be it enacted by parliament in the twelfth year of the republic qf india as follows:-1 this act may be called the appropriation (railways) no3 short tide act, 1981 5 z from and out of the consolidated fund of india there may he blue or re paid and applied sums not exceeding those specified in column 3 of 1,09i,84,lf8 the schedule amounting in the aggregate to the sum of one thousand ::' ~~iand nine\,v-<me crores, eighty-four lakhs and eighteen thousand ::~~ rupees towards defraying the several charges which will come the finandal 10 in course of payment during the financial year 1961-82, in respect of year 1961'--the services relating to railways specified in column 2 of the schedule 3 the sums authorised to be paid and applied from and out of the appropria-consolidated fund of india by this act shall be appropriated for the tion services and purposes expressed in the schedule in relation to the is said year - - 3 no of vote sum not exceedin& i----------i--------~----------s s~c:es and purposes voted by charsed on parhament the consolida-total ted puud ri, ri ri i railwy board 2 mjeceliadeo\ji expenditure 1,00,000 2,14>91,000 3 pa!jlledu to worked lines and othen - - 4 wortm, fxpenaea-admjnistradod , workida bxpemes-repafn and maintenancel 12,,22,60000 6 working fxpeoaea-operatin, staff - ",3037000 | 7 | workidg ||------------------------------|-------------------|| fxpenses-operation | || | (fuel)] || i | working || other | || than | || staff' and | ""fuel || 26,67,56,000 | || 9workidg | &peotea-miscella- || neoua | || fxpediea | - || 29,07,16,000 | || 10 | || wortina: | || expenses-labour | || welfare' | || ii,6i,37ooo | || ie | || ii | || working expenses-appropria- | || tion to depredation reserve | || fund | , || r | || 65,00,00,000 | 65,00,00,000 || 30 | || u | || paymentl to general reyenues | || 77,83,95,000 | || 77,13,9,,000 | || 13 | open line || labour | || welfare, | || 10,63,63,000 | || 3s | || 61,17,32,000 | || 3 | || 16 | || 0 | || 00 | || 14 | open line || worb | (rcyenue)- || other | || than | || labour | || welfare | || i, | || coditruction | || of | || new lines' | || 16 i_open line | || worb-additions; | |17 ~open line worb-replace-i 2 3 suma dot aceedllll /'110 of senicn idcl purpohi voted ~od vote by plruamedt codiohdatecl total puad ri ri ri 10 18 oped lide worb-dcveiopmcnt f1uld - - - 23,00,00000 a3oo~ 19 repayment of ioidi from geae-ial rcveouee ad idtaat tbereon-developmem pudd 30 i 9>48,000 30,19>41,000 20 ~riatiod to ~~t 17,2157,000 17,2157pt:1o j~ 21 withdrawal from revenue re- pund 8,,,15,000 15715,oco total 1,0909687,000 '1 - 11,000 1,0911418,000 statement of objects and reasonsthis bill is introduced in pursuance of article l14(1) of the constitution of india, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made by lok sabha in respect of the estimated expenditure 'of the central government on railways, for the financial year 1961-62 jagjivan ram - a bill to authorise payment and appropriation of certain sums from and out ot the consolidated fluld of india for the service of the financial year 1961-62 for the purposes of railways - the president bas, in pursuance of clauses (1) and (3) of article 117 of the constitution of india, recommended to lok sabha the introduction and consideration of the bill mnkaul, secr,uwy (shrijagjitxm ram minister of railroays) -

Parliament_bills

dbe8e24f-9090-5727-9067-511793546223

bill no 110 of 2019 the indian medical council (amendment) bill, 2019 a billfurther to amend the indian medical council act, 1956be it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the indian medical council (amendment) act, 2019short title and commencement(2) (a) the provisions of this act shall, except sub-clause (i) of clause (c) of section 2, be deemed to have come into force on the 26th day of september, 2018; and5(b) sub-clause (i) of clause (c) of section 2 shall be deemed to have come into force on the 12th day of january, 20192 in section 3a of the indian medical council act, 1956,—amendment of section 3a(b) in sub-section (2), for the words "three years", the words "two years" shall be substituted;(c) in sub-section (4),—(i) for the words "seven persons", the words "twelve persons" shall be substituted;5(ii) for the words "and medical education", the words "and medical education or proven administrative capacity and experience" shall be substituted; (d) after sub-section (7), the following sub-section shall be inserted, namely:—10"(7a) the board of governors shall be assisted by a secretary general who shall be appointed by the central government on deputation or contract basis and he shall be the head of the secretariat in the council"repeal and savingsord 5 of 20193 (1) the indian medical council (amendment) second ordinance, 2019 is hereby repealed15 102 of 1956(2) notwithstanding such repeal, anything done or any action taken under the indian medical council act, 1956, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the said act, as amended by this act statement of objects and reasonsthe indian medical council act, 1956 was enacted to provide for the reconstitution of the medical council of india and the maintenance of a medical register for india and for matters connected therewith the main functions of the medical council of india (the said council) is to make recommendations to the central government in matters of recognition of medical qualifications, determining the courses of study and examinations required to obtain such qualifications, inspection of examinations and maintenance of register of medical practitioners, etc2 the working of the said council has been under scrutiny since long time and the same was examined by various expert bodies including the department-related parliamentary standing committee on health and family welfare, which in its ninety-second report, in march, 2016, severely indicted the said council the committee recommended that the government should bring a new comprehensive bill in parliament at the earliest so as to restructure and revamp the regulatory system of medical education and medical practice and to reform the medical council of india accordingly, the national medical commission bill, 2017 was introduced in lok sabha in december, 2017, which lapsed on the dissolution of the sixteenth lok sabha3 however, in view of the arbitrary action by the said council in disregard to the provisions of the said act and regulations made thereunder, immediate steps were required to be taken by the government to put an alternative mechanism in place of the said council so as to bring transparency, accountability and quality in the governance of medical education in the country hence, it has been decided to supersede the medical council of india and entrust its affairs to a board of governors consisting of eminent doctors for a period of two years or until the said council is reconstituted, whichever is earlier4 as parliament was not in session and urgent legislation was required to be made, the president promulgated the indian medical council (amendment) ordinance, 2018on the 26th september, 2018 subsequently, the indian medical council (amendment) bill, 2018, to replace the said ordinance, was introduced in lok sabha on the 14th december, 2018 and was considered and passed in the said house on the 31st december, 2018 however, before the said bill could be taken up for consideration and passing in rajya sabha, the winter session 2018 of parliament adjourned sine die5 as the indian medical council (amendment) ordinance, 2018 would cease to operate in accordance with the provisions of sub-clause (a) of clause (2) of article 123 of the constitution, the indian medical council (amendment) ordinance, 2019 was promulgated by the president on the 12th january, 20196 subsequently, as the indian medical council (amendment) bill, 2018 along with official amendments could not be taken up for consideration and passing in parliament, the indian medical council (amendment) second ordinance, 2019 was promulgated by the president on the 21st february, 20197 however, pursuant to dissolution of the sixteenth lok sabha, the aforementioned indian medical council (amendment) bill, 2018, which was pending consideration and passing in parliament, lapsed hence, the present bill to replace the indian medical council (amendment) second ordinance, 20198 the indian medical council (amendment) bill, 2019, inter alia, provides for the following, namely:—(a) to supersede the existing medical council of india and vest its powers in a board of governors until the said council is reconstituted;(b) to amend sub-section (2) and sub-section (4) of section 3a to provide for the reconstitution of the council within a period of two years;(c) to amend sub-section (4) of section 3a so as to add proven administrative capacity and experience also as a qualification for nomination of members for the board of governors and to increase the number of members of the board of governors to twelve; and(d) to insert a new sub-section (7a) in the said section to provide that the board of governors shall be assisted by a secretary general who shall be appointed by the central government on deputation or contract basis and shall be the head of the secretariat in the council 9 the bill seeks to replace the indian medical council (amendment) second ordinance, 2019new delhi;harsh vardhanthe 20th june, 2019 financial memorandumsub-clause (d) of clause 2 of the bill seeks to amend section 3a of the indian medical council act, 1956, which, inter alia, provides for the constitution of the board of governors consisting of not more than twelve members in place of the existing medical council of india for a period of two years or until the said council is reconstituted or some other arrangement is made, whichever is earlier the proposed new sub-section (7a) of section 3a provides for appointment of a secretary general on deputation or contract basis who shall be the head of the secretariat of the said council the chairperson and other members, other than ex officio members, of the board of governors shall be entitled to such sitting fee and other allowances as may be determined by the central government further, the secretary general shall be entitled to pay and allowances for discharging his duties it is expected that such expenditure on sitting fee and travelling and other allowances would be minimal and will be met from the funds of the medical council of india2 the bill does not envisage any recurring or non-recurring expenditure during the current financial year, that is, 2019-20 annexure extract from the indian medical council act, 1956 (102 of 1956)32 of 20103a (1) on and from the date of commencement of the indian medical council(amendment) act, 2010, the council shall stand superseded and the president, vice-president and other members of the council shall vacate their offices and shall have no claim for any compensation, whatsoeverpower of central government to supersede the council and to constitute a board of governors(2) the council shall be reconstituted in accordance with the provisions of section 3 within a period of three years from the date of supersession of the council under sub-section (1) (4) the central government shall, by notification in the official gazette, constitute the board of governors which shall consist of not more than seven persons as its members, who shall be persons of eminence and of unimpeachable integrity in the fields of medicine and medical education, and who may be either nominated members or members, ex officio, to be appointed by the central government, one of whom shall be named by the central government as the chairperson of the board of governors (7) two-third of the members of the board of governors shall constitute the quorum for its meetings ———— a billfurther to amend the indian medical council act, 1956————(dr harsh vardhan, minister of health and family welfare)

Parliament_bills

421150bc-a215-5fd4-ae20-d20971279d0d

bill no 150 of 2018 the constitution (amendment) bill, 2018 by shri dushyant chautala, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2018short title and commencement (2) it shall come into force with at once 2 after article 16 of the constitution, the following article shall be inserted, namely:—insertion of new article 16a right to employment statement of objects and reasonsthe fundamental rights enshrined in our constitution are not merely statements or words which are written in the book of law these rights are essential for building a holistic society which espouse the principles laid down in the preamble of the constitution it is necessary that time and again we review our constitution and insert necessary provisions as and when required which purport to be the need of the hourcurrently we are witnessing an unprecedented scale of rise of aspiration among citizens in our country we have seen during the last two decades that india has emerged as one of the largest economies in the world it recently became the fifth largest economy of the world over the last ten years our country has been in that phase of demographic divide that can yield the best results in both social and economic terms in the world hence it is the need of the hour that energies and aspiration of our youth are channelized in the most productive and positive manner for the welfare and development of our countrythe former deputy prime minister ch devi lal ji espoused the values of fraternity, liberty and socio-economic empowerment of the rural section in our country his efforts towards building a robust rural indian economy bore fruits during his tenure in the later 1970s in the union government and previously in the state of haryana during the 1960s and early 1970sin later years, whenever pro-farmers governments took over in any state across the country, we have witnessed how empowerment of youth can deliver the best results for the holistic development of any state however with the changing economic scenario, the economic condition in different jurisdiction across the world are becoming tertiary sector centric and hence the necessity for generating employment have increased many foldsin such a backdrop, it is necessary that every youth who is qualified, deserving and willing to seek employment gets necessary opportunities of employment our nation has witnessed that whenever the energies of its youth is channelized in a constructive manner, it has fed to emergence of socio-economic developmentwe have seen how successive governments have taken measures for the empowerment of the yuva shakti of this country either through skill development or under work generation schemes under the mahatma gandhi national rural employment guarantee act, but the results have not been up to the mark the same is corroborated from the fact that the number of unemployed persons in india is expected to rise from 183 million in 2017 to 186 million in 2018 and 189 million by 2019hence it is the need of the hour to make right to employment as a fundamental right of the citizenshence this billnew delhi;dushyant chautalajuly 17, 2018 financial memorandumclause 2 of the bill provides for making the right of employment a fundamental right of the citizens it further provides that every citizen who has not got any employment shall be entitled to get an unemployment allowance at such rate as may be prescribed by the parliament by law the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that recurring expenditure of about rupees five thousand crore per annum would involve from the consolidated fund of indiaa non-recurring expenditure of about rupees one thousand crore is also likely to be incurred———— a billfurther to amend the constitution of india————(shri dushyant chautala, mp)mgipmrnd—1775ls(s3)—19-09-2018

Parliament_bills

11609728-6a5a-5eb5-9739-947dad956316

bill no 152 of 2016 the constitution (amendment) bill, 2016 byshri bhartruhari mahtab, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—amendment of article 752 in article 75 of the constitution, after clause (3), the following clauses shall be inserted, namely:—"(3a) a motion of no-confidence in the council of ministers shall be accompanied by a motion of confidence, which shall specify the successor prime minister5(3b) a motion of no-confidence in the council of ministers shall be voted uponsimultaneously with the accompanying motion of confidence and both the motions together shall be treated as carried or defeated, as the case may be"amendment of article 1643 in article 164 of the constitution, after clause (2), the following clauses shall be inserted, namely:—10"(2a) a motion of no-confidence in the council of ministers shall be accompaniedby a motion of confidence, which shall specify the successor chief minister(2b) a motion for no-confidence in the council of ministers shall be voted upon simultaneously with the accompanying motion of confidence and both the motions together shall be treated as carried or defeated, as the case may be"15amendment of article 1724 in article 172 of the constitution, after clause (1), the following clause shall be inserted, namely:—20"(1a) notwithstanding anything in this constitution, the central government shall, within six months from the date of coming into force of the constitution (amendment) act, 2016, in consultation with the election commission, determine the manner of extending or curtailing the duration of the term of the state legislative assemblies in order to synchronise the general elections to the state legislative assemblies with the general elections to the house of the people that shall be held after the coming into force of the constitution (amendment) act, 2016"5 after article 326 of the constitution, the following article shall be inserted, namely:—25insertion of new article 326a simultaneous elections"326a the elections to the house of the people and the legislative assemblies of all the states shall be held simultaneously" statement of objects and reasonsthe constitution vests the power of superintendence, direction and control of elections with the election commission india being the largest democracy, it is quite obvious that the magnitude and scale of conduct of elections is also of immense proportions such an exercise does cost resources and is time consuming too it is not surprising that the country often finds itself in a perpetual election mode because of conduct of separate elections to lok sabha and the state assemblieswhile elections are the cornerstone of a democracy, it is equally important that the conduct of elections does not, in any way, hinder the process of governance this is where frequent elections are considered undesirable and a case for simultaneous elections to lok sabha and the state assemblies is made outthe first argument put forth for advocacy of simultaneous elections is that it will considerably reduce the cost of elections conduct of separate elections to lok sabha and state assemblies requires huge costs in terms of men and material if these elections are held simultaneously on the same day, the financial burden on both the exchequer and the political parties will be reduced considerably this can further reduce the role of dubious money that presently vitiates the election process secondly, the model code of conduct tends to disrupt the process of governance since many governmental initiatives have to be put on hold till the completion of elections thirdly, the electioneering campaigns also disrupt the normal public life at times, there are clashes between political workers and some unscrupulous elements resort to inciting communal violence, defamatory statements and other unethical practicesthe conduct of simultaneous elections is, however, also challenging most prominent among those challenges is the possibility of early dissolution of lok sabha or a state assembly moreover, there are questions on capabilities of the election machinery to conduct such a massive exercisethe bill, seeks to amend the constitution with a view to:—(i) amend article 75 of the constitution to provide that a motion of no-confidence shall be accompanied by a motion of confidence naming the successor prime minister and both these motions shall be voted upon together and accordingly carried or defeated together;(ii) to amend article 164 to make similar provisions in respect of motion of no-confidence brought in a state assembly;(iii) to make transitional provision that on commencement of the provisions contained in the bill, the central government shall take a decision, in consultation with the election commission, regarding extending or curtailing the duration of state legislative assemblies so that the elections to the assemblies may coincide with next elections to lok sabha; and(iv) insert a new article 326a in the constitution providing for simultaneous elections to lok sabha and the state legislative assemblies hence the billnew delhi;bhartruhari mahtabmay 2, 2016 annexure extract from the constitution of india| | | | | | | ||------|------|------|------|------|------|-----|75 (1) the prime minister shall be appointed by the president and the other ministers shall be appointed by the president onthe advice of the prime ministerother provisions as to ministers| | | | | | ||------|------|------|------|------|-----|(3) the council of ministers shall be collectively responsible to the house of the people| | | | | | | ||------|------|------|------|------|------|-----|other provisions as to ministers164 (1) the chief minister shall be appointed by the governor and the other ministers shall be appointed by the governor on the advice of the chief minister, and the ministers shall hold office during the pleasure of the governor:provided that in the states of chhattisgarh, jharkhand, madhya pradesh and orissa, there shall be a minister in charge of tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes or any other work| | | | | | | ||------|------|------|------|------|------|-----|(2) the council of ministers shall be collectively responsible to the legislative assembly of the state| | | | | | | ||------|------|------|------|------|------|-----|duration of state legislatures172 (1) every legislative assembly of every state, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the assembly:provided that the said period may, while a proclamation of emergency is in operation, be extended by parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate(2) the legislative council of a state shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by parliament by law| | | | | | | ||------|------|------|------|------|------|-----|———— a billfurther to amend the constitution of india————(shri bhartruhari mahtab, mp)gmgipmrnd—1044ls(s3)—02-07-2016

Parliament_bills

b0727641-c674-5670-85e2-7c897cb1d00f

t h e a p p r o p r ' l i l l o n ( l u i l l u ^ y s ) n o 3 b i l l , i 9 8 8 c 'ib b e / a s i n t r o d u c e d i n l o k s a b h a ')p 3 -0 © 3} i r i c o l u m n 3 j u n d e r t h e s u b - h e a d i n g '' c h a r g e d o n t h e c b n s o l i d a t e d f u n d " , -a g a i n s t i f o t e n o 7 , f o r " 3 , 6 1 4 6 " r e a d " 3 6 , 6 lf8 "new delhi;l y l a r c h 1 6 , 1 9 8 8 p h a l g u n a 2 6 , 19 0 9 ( f i j a k a y2 1 ma r 1988biu no 22 of 1988 the appropriation (railways) no 3 bill, 1988ai ■ billto provide for thjs authorisatwn of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certaiin services for the purposes of railways during the financial year ended on the 31st day of march^ 1986 in excess of the amounts granted far tho^e services and for that yearb e it enacted by parliam ent in the t hirty-ninth year of the republic )f india as follows: —1 this act m ay be called the appropriation (railways) no 3 act, short1988title5 2 from and out of the consolidated fund of india, the sums specified in column 3 of the schedule am ounting in the aggregate to the sum of one hundred and ninety-three crores, thirty-eight lakhs, sixtyfour thousand three hundred and seventy-six rupees shall be deemed to have been authorised to be paid and applied to m eet the amounts lo 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, 1986, in excess of the amounts granted for those services and for that yearissue of rs 193,38, 64,376 out of the consolidated fund of india to meet certain expenditure for the year ended on the 31st march^ 1986appro- 3 the sum s deem ed to have been authorised to be paid and applied priation from and out c l the consolidated f und of india under this a ct shall be deem ed to have been appropriated for the services and purposes expressed in th e schedule in relation to the financial year ended on the 31st day of m arch, 1986 5123sums not exceedings no of votetotal10services and purposesvoted by parliamentcharged on the consolidated fundrsrsri2mlsccuaneous expenditure (gentral) 33,96533,95515 4repairs and maintenance of permanent way and works5,04,64,3545,04,64,3545repairs and maintenance of motive power 21,11,46,914« 21,11,46,9146repairs and maintenance cf carriages and wagons3,74,06,0003,74,06,0001repairs and maintenance of plant and equipment 1,18,72,3883 ^6481,19,09,0368operating expenses-rolling stock and equipment1,01,34,924iy90y3031,03,25,22725 9operating expenses—^trafbc 3,46,34,1283,46,34,12810operating expenses—fuel4,05,08,2684,05,08,26811staff welfare and amenities 1,20,37,9331,20,37,93312miscellaneous working expenses 5,75,30,9305,75,30,93030 13provident fund, pension and other retirement benefits 11,69,63,805- •11,69,63,8051535dividend to general revenues, repayment of loans taken from general revenues and amortization of over- capitalisation 83,76,67,93383,76,67,93316assets—acquisition, construction and replacementother expenditure4»railway funds 51,32,35,883••51,32,35,883t o ta l193,36,03,4602,60,916193,38,64,376 statement of objects and reasons■hiis bill is introduced in pursuance of article 114(1) of the c onstitution of india, read w ith article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to m eet th e expenditure incurred in excess of the appropriation charged on th e f u n d and the grants made by the lok sabha for expenditure of the c entral g overnm ent on railways for the financial year ended on the 31st day of m arch, 1985madhavrao scindia pr e sroe n t 's recommendation under article 117 of the constitution of india[copy of letter no 88-b-403 dated 10 m arch, 1988 from shri m adhavrao sdnctia, m inister of state for railways to the secretary-g eneral, lok sabha]the president, having been inform ed of the subject m atter of the proposjed a ppropriation railw ays biu providing for the appropriation out of the condolidated fund of india of the moneys required to m eet the expenditure incurred in excess of thle grants m ade by lok sabha for 1985-86, recomnfends under clauses (1) and (3) of article 117 of th e constitution, the introduction in and consideration by lok sabha of- th e a ppropriation 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, 1986 in excess of the amounts granted for those services and for that year(shri m'<idhavrao scindia, minister of state of the m inistry of railways)'

Parliament_bills

d21bda04-8e2e-59ab-99b2-5919a5c53556

bill no 175 of 2016 the compulsory pre-marriage medical investigation bill, 2016 by dr kirit premjibhai solanki, mp a billto make medical investigation of intending couples compulsory before marriage so as to diagnose, manage and monitor diseases in individuals and to prevent further spreading of diseases in children born to such couplesbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state, and in all other cases, the central government;5(b) "medical investigation" means a medical procedure or test performed to detect, diagnose or monitor diseases, disease processes or susceptibility to diseases and to determine a course of treatment; and(c) "prescribed" means prescribed by rules made under this act3 (1) every male and female shall, before marriage, undergo such medical investigations, as the central government may, by notification in the official gazette, specifymedical investigations of male and female10(2) without prejudice to the generality of the foregoing provision, the medicalinvestigations referred to in sub-section (1), shall include—(a) test for hiv and other stds; (b) test for blood group to rule out incompatibility of blood group or rhesus isoimmunization;(c) test for sickle cell genes; and15(d) test of fertility4 (1) the central government shall, in consultation with the medical council of india, within six months of the coming into force of this act, formulate medical investigation policy prescribing norms to be followedformulation of medical investigation policy20(2) the central government shall issue guidelines and directions to the state governments with regard to medical investigation of intending couples before their marriage5 for the purposes of this act, the appropriate government shall— (a) provide free medical investigation facilities to individuals once in every six months in state run hospitals; andappropriate government to provide free medical investigation facilities25(b) ensure that medical investigation facilities are also provided to individuals inprivate hospitals at such concessional rates as may be prescribed6 (1) every person shall maintain his health data report in such manner, as may be prescribedmaintenance of health data report30(2) it shall be the duty of every person to disclose, before marriage, his health datareport, to the other party to the marriage7 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds to the state governments for carrying out the purposes of this actcentral government to provide requisite funds penalty358 whoever contravenes the provisions of this act, shall be punished with imprisonmentfor a term which may extend upto six months and with fine which may extend upto rupees ten thousandpower to make rules9 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act40(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid,both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsat present, diabetic population of india is estimated to be around 62 million besides, india has 21 million people living with hiv also, there are about 2 million registered cancer patients in india with majority of population unregistered or unaware blood pressure related issues are also on the rise a large number of cases are either not detected or remain underdiagnosed moreover, deaths due to various illnesses are not registered thus making the situation more alarmingsome of these diseases are transmitted through sexual contact it is, therefore, the need of the hour to make medical investigation of every individual mandatory before marriage so that these fatal diseases are not further transmitted or passed on to the coming generationshence this billnew delhi;kirit premjibhai solankijuly 4, 2016 financial memorandumclause 5 of the bill provides that appropriate government shall provide free medical investigation facilities to individuals once in every six months in state run hospitals clause 7 provides that the central government shall provide requisite funds to the state government for carrying out the purposes of this act the expenditure relating to states shall be borne out of the consolidated funds of the states concerned however, the expenditure relating to union territories shall be borne out for the consolidated fund of india the bill, therefore, enacted would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees one hundred crore would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees fifty 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, therefore, of a normal character———— a billto make medical investigation of intending couples compulsory before marriage so as to diagnose, manage and monitor diseases in individuals, prevent further spreading of diseases in children born to such couples————(dr kirit premjibhai solanki, mp)

Parliament_bills

10f4d0fa-b4a2-5362-a638-02e13e0dfae7

the indian tariff (amendment) bill, 1957(as introduced in lok sabha) the indian tariff (amendment) bill, 1957 (to be introduced in lok sabra) a billturiher to amend the i'i'tclian ra:ri1! act, 1934 be it enacted by parliament in the eighth year of ~e ~epublic of india as follows:-1 (1) t~is act may be caijed ,the indiantariff·(amendment) short title and act, 1957 commencement s (2) the provisions of clause (vi) of ·section 2 [relating to item ~o ;7~(1?:>] shall ,come into ~orce on ide fidrt day ot january, 1958; ~lld the ~ing plg-!sioas8halicometrtto fo~ at thlce 32 of 1934 2 in the first schedule to the indian t~riff act, 1fj34,-amendment of the pint (i) in item no 18, in the last co\u,nm ,headed "duration of sct:edllle 10 pr~tive rates ~f duty", for the w~rd,' ,ri~l\~'a'ld letters "december slst, 1957", wherever they occur, ~e ,~~, :figures and letters "december 31st, 1958" shall be su~titut~d; r - •• ("ii) in item no 28(31), in :tpe )a~t ,colu~ ~a4~ "pljration of prot~~ve rates ~f ~uty;', fpr ~ word, ~uj;'~ and,letters i s ~ember 31st, 19s'7", wberever they occur, the word, ,ligures and letters "december 31st, 1960" shall be substituted; (:iii) ift itemnb5&(5), in the !ast c~lumn~epcied ':d~ration 4f:~ ri_ fif duly",' tor the ~~n'!i, ~l¥:~ ~ tletters "december 31st, 1957", the word, figures: and letters "decem~r eo 31st, 1959" shall be substituted; (iv) in item no 63(33)(a), in the last column headed "duration of protective rat-es of duty", for the word, figures and letters "december 31st, 1957" i the word, figures and letters "december 31st, 1960" shall be substituted; (v) in each of the items nos 70(2) and 70(3), in the last s column headed "duration of protective rates of duty", for the word, figures and letters "december 31st, 1957", the word, figures and letters "december 31st, 1958" shall be substituted; (vi) for item no 73(17), the following item shall be substituted, namely: _ "73 (17) electrical (vii) in item no 75(9),-(a) in the third column headed "nature of duty", for the word "revenue", the word "protective" shall be su~tituted, (b) in the fourth column headed "standard rate of duty", 2s for the figures and words "60 per cent ad valorem", the figures and words "50 per cent ad valorem" shall be substituted, and (c) in the last column headed "duration of protective rates of duty", the word, figures and letters "december 31st, 30 1967" shall be inserted; (viii) in item no 75(10),-headed "nature of duty", {or word "protective" shall be (a) in the third column the word "revenue", the substituted, (b) in the fourth column headed "standard rate of duty", for the ftgures and words "90 per cent ad valorem", the figures and words "50 per cent ad valorem" shall be substituted, and (c) in the last column headed "duration of protective 40 rates of duty", the word, figures end letters udecember 31st 1987"sball be inserted; (ix) in each of the items nos 75(11) and 75(12),-(a) ill the third column headed "nature of duty", for the word "revenue", the word "protective" shall be substituted, 5 (b) in the fourth column headed "standard rate of duty", for the figures and words "30 per cent ad valorem", the figures and words "25 per cent ad t'alorem" shall be substituted, and (c) in the last column headed "duration of protective 10 rates of duty", the word, figures and letters "december 31st, 1967" shall be inserted; (x) in item no 75(14),-(a) in the third column headed "nature of duty", for the word "revenue", the word "protective" shall be substi-is tuted, and (b) in the last column headed "duration of protecti1(e rates of duty", the word, figures and letters "december 31st, 1967" shall be inserted the objects of the present amendment to toe j'irst schedule to the indian tarift act, 1934 (32 of 1934) are-(i) to grant protection to tqe ~\l,~o,nl~ lndustry, pld (ii) to continue or discontinue prwltim ~ <llriain other industries, pn ~ 4ldyi~ tof tbe tari c~~ 2 the industries which will continye to 'be pl'otectedltl'e:-2 , 4· 3 protection will be discontinued from the 1st january, 1958, in respect of electric brass lamp holders new dl:lhii manubhai shah the 8th augtut, 1957 - a bill further to amend the indian tariff act, 1934the president has, in pursuance of clause (i) of article i 17 of the constitution of india, recommended to lok sabha, the introduction of the bill m n kaul, secretary (shri manuhhai shah, minuter of industry)

Parliament_bills

27702541-aa94-52ab-a557-ecfcbae58d60

bill no 174 of 2016 the constitution (amendment) bill, 2016 byshri feroze varun gandhi, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2016short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint:5provided that different dates may be appointed for different provisions of this act andany reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision2 in article 324 of the constitution,—amendment of article 324 (a) for clause (2), the following clauses shall be substituted, namely:—"(2) the election commission shall consist of the chief election commissioner and such number of other election commissioners, if any, as the president, may, in consultation with the committee of appointments, from time to time, fix5(2a) the appointment of chief election commissioner and other election commissioners shall, subject to the provisions of any law made in that behalf by parliament, be made by the president on the recommendations of the committee of appointments(2b) there shall be a committee of appointments consisting of—10(i)the prime minister—chairperson;(ii)the speaker of the house of the people—member;(iii) the leader of the opposition in the council of states—member;(iv) the leader of the opposition in the house of the people—member;15(v)the chief election commissioner of india—member; and(vi) one retired judge of supreme court of india to benominated by the chief justice of india—member20explanation—for the purposes of this clause, "the leader of the opposition in the house of the people" or "the leader of the opposition in the council of states" shall, when no such leader has been so recognized, include the leader of the single largest group in opposition of the government in the house of the people or the council of states, as the case may be25(2c) the committee of appointments shall recommend to the president the name of person for appointment as the chief election commissioner, the election commissioner or the regional commissioner"; and (b) in clause (4), for the words, "after consultation with election commission", the words "on the recommendation of the committee of appointments" shall be substituted statement of objects and reasonsthe success of indian democracy is considered to be its ability to conduct elections in a free and fair manner in a country which is divided on linguistic, racial and religious basis it was with this idea that election commission of india was formed as an autonomous body to look over the violation in representation of people act, 1950 and to conduct free and fair electionsparticipating in the constitutional assembly debates, dr ambedkar, the chairman of the drafting committee, on election commission said: it has been brought to the notice of both the drafting committee as well as central government that in these provinces the executive government is instructing or managing things in such a manner that those people who do not belong to them either racially, culturally or linguistically, are being excluded from being brought on the electoral rolls the house will realize that franchise is a most fundamental thing in a democracy no person who is entitled to be brought into the electoral rolls on grounds which we have already mentioned in our constitution, namely, an adult of 21 years of age should be excluded merely as a result of the prejudice of a local government, or whim of an officer that would cut at the very root of democratic governmentthe appointment of chief election commissioner and election commissioners through an autonomous body which includes representatives from judiciary, executive, politics and election body itself will provide for an impartial appointment of the commissioners without due interference from the sitting governmentthe reported weightage given to various high profile politicians or politicians in power as compared to the political parties in oppostions and other politicians, in the matter of appointment of the chief election commissioner and other election commissioners, is one of the issues raised by political parties and reflects upon the politicisation of election bodyas elections are supposed to be completely impartial in nature, the very guardians of this impartiality ie election commission of india should also be chosen on the principle of independence from political influencethus a body which will have representation from across the aisle and various pillars of democracy will allow for independent appointments and thus raising the stature of the election commission of india itselfhence this bill financial memorandumclause 2 of the bill provides for appointment of a retired judge of the supreme court as member of the committee of appointments it will involve nominal expenditure on account of payment of ta/da and other remuneration to the retired judge as and when the meetings of the committee of appointments all held since it is not possible to estimate the ta/da and remuneration which shall be paid when the meetings are held, it is, therefore, at this stage, not possible to estimate the exact amount which will be involved from the consolidated fund of indiano other expenditure will be involved annexure extract from the constitution of india part xv elections324 (1) superintendence, direction and control of elections to be vested in an election commission(2) the election commission shall consist of the chief election commissioner and such number of other election commissioners if any, as the president may from time to time fix and the appointment of the chief election commissioner and other election commissioners shall, subject to the provisions of any law made in that behalf by parliament, be made by the president(3) (4) before each general election to the house of the people and to the legislative assembly of each state, and before the first general election and thereafter before each biennial election to the legislative council of each state having such council, the president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission in the performance of the functions conferred on the commission by clause (1) ———— a billfurther to amend the constitution of india————(shri feroze varun gandhi, mp)gmgipmrnd—1572ls(s3)—20-07-2016

Parliament_bills

45f3a6f4-c16c-5ff6-ae36-f601b270202d

bw no t'i or 1179 the appropriation (no 2) bill~ 1979 a billto 4uthorise payment cmdappr0pri4fiion of certain fu,rthet sums from and out of the consolid4ted fund of bidia for the services of the financial yeoii' 197&-'19 be it enacted by parliament in the thirtieth year of the republic of india as follows:-1 this act may be called the appropriation (no2) act 1979 z from and out ofi the consolidated fund of india there may be paid 5 and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of two thousand and thirtytwo crores, twenty-three lakhs and my-nine thousand rupees towards defraying the several charges which will come in course of payment during "the financial year 1978-79, in respect of the services specified in 10 column 2 of the schedule short title issue of rb 2032, 23,59,000 out of the consolidated fund ot india tor the year 1978-79 appropriation 3 the sums authorised to be paid and applied from and out of the consolidated fund of in~ by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said yell!' voted by ~ parliamcnl total dated fuud lu ra ri animal huibandry and dairy development revenue 2000 2000 capital 1004508000 10045008000 10 6 department of food - revenue 112 05000 112rf4,~ capital 1000 ao,oooo,ooo 1100001000 7 department of rural dc-velopment · revenue 333752000 !j!j!j7>51l,ooo 10 department of irrigation capital 404,17000 4,p,17,ooo is ii miniitry of commerce, civil supplies and co-revenue operation 452,000 4052000 12 foreip trade and ex· port production revenue 23,68,80,000 23,68,80,000 20 capital 11,000 s,oo,oo,ooo 5,00,011,000 18' capitld outlay on poid and telcgrapbi capital 3,000 3,000 19 mintitry·df ~ itcycdue ~'-r,oo;doo 44400,000 go defence scrvicei-anny revenwt, ,1s000 7,7spoo 2s 22 defence scrvicca - air f~cc reveauc 59,66,10000 '''s,ooo 5968!j5,ooo !l!j ·dtimce· servm -pildliona" revoaut 8,0 1,2!;,ooo ~ 'bpi ,750000 24 ~ 0utiky on defence icca - - capital ~~ 1800,000 i ~r~ revenue i,ooci 1,000 30 117 department of social welfare - revenue 1400,00,000 14,0000,000 g8 jifiniitry of bbcf'i1 revac "'eoe 8,80,000 , 119 ! power development capital !j6,114,ooooo 16,114,00,000 so :coaj aad lisuite · caphal s i ,jl,tilopio s"3~ 35 !ji ~ of bxtmiai revenue 7,g6;850000 7,g6jj&ooo 52 midatry-oflliaace · rl!\icinue 8o,5!jpoo ~ 37 audit 'ltevenue 904s,ooo 9,4s,ooo 1 38 currency, coinage and capital 40 mint 19000 19000 40 opium and albiojd factories - · 'luvema &~ no suldi'uot 'ex~1 or ~~purp" v~" voted by cbarpd oil the 5 parliamedt couolidated total fwd lu lu lu 41 uoioll ten'itory '3'5:",7sooo ' wlludedii - - ~ s9,61,do,ooo gw,75 ,000 10 capital 136,8&1'1,000 i 117,000 ,,, p",,tb ~ r6~;b3poo i6,f7,'os,ooo fii other expenditure of the '8~i,ooo midiib-y offuwace - ~ue 868,0',000 ~ 'ffji4p 1,000 f9, 18,01 ,000 5 lout' '1b goyubmeml ') sc:rvaatl, etc - -8ipftal '~!r,tlo,ooo s551 ,bb,ooo &pkal trrj1~~;txio , n~,f]e"wooo 20 44- ~ of health add "', f y:welfare 1leva:aue 65g,ooo 6,590000 45 medical add public health cpicaj 1,js,ooo 1ss,ooo '' ~tif'piiodle affiiirs: revedue •• "73000 1111,75,000 i 25_ add adm;n;mdve r~ 1leva:aue 18,550000 rorma 18,33,000 so police capital 1,1j8000 ioaooo 511 other ~ture of the s8 i ,58,000 miniitry or homo affain capital 577,911,000 346,000 cbaodlprb revalue 6,1~,«» iis,99,ooo 30 m 1111,117000 capual 10,«¥j00 10,00,000 55 addamao and nicobar ia· revenue 113,70,000 8,«» 115,78,000 laoda sa midistry or iodultry re~due s,a,ooo 8,48,000 35 59 ioduatrie capital 5000,0',000 5,00,01000 61 textua, llandloom add hadclicrafta - · capital 115050,740000 115,50,74,000 6a min!:f; of idformatiod and bro c:utidg - - revenue 40s i ,000 ,81,000 40 63 information aod publicity capital ',000 1,000 a broad~g revenue 4000 ,000 capital 11,000 11,000 66 labour aod employmcat - revenue 11,000 11,000 68 adminiatratiod of juitice revalue st3~,ooo 5,311,000 45 71 ch:mlcab add pertllirn ldduatriea · capital ,000 1,000 ?6 roiiiiia revedue 111,1,87,000 111,41,87,000 capital 11,75,78,000 -,75,78,000 suiiii not excceclm," servicea and purpolcl no of vore , " ; voted ~y 'parl1amedt aa=on the diolidat-total s ed fudd i lu lu ra 77 porta, " lighthouses and s hippjo 8,76,10,000 8,76,10,000 revenue capital s~i6,'3,ooo 51l,16,75,000 10 78 llold and inland ware transport r capital 4089,36000 4-39,36,000 79 d~p"rtrnent of steel lleyedue capital 10,3851,000 -': 10,38,51,000 1000 1,000 logo,ciao ,00,000 i 80 department or mine 81 mines and minerab revcllue oapital 83 supplies and disposals 88 tourism revenue capi&al lo,~ioo,ooo 10,51,00,000 is 1,000 1,000 183"4,000 i,ss,i40ooo · · · · · go public worb - revenue capital 8,77,46,000 28,000 8,77,74,000 5,000 7,f}o,ooo i 7,95,000 20 ye-revenue capital housing and urban de lo~t - - ,1"i,,8g,ooo j,p,ooo i 1,19,ili,ooo 1,000 1,000 i ~z,9s,ooo 1l195000 ciiatoao-ullioll pbii c s""ic, co""";uilltl rew:nue taral - 5go,gs,5i ,ooo zwj~j,08,ooo 1i03ii,1l5,59 ,000 2s - _ statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution o! 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 tlie central government, excluding railways, for the financial year 197~79 satish agarwal president's recommendation under article 117 of the constitution of india[copy of letter no f4(12)-b(se) 179, dated the 28th february, 1979 from shri satish agarwal, minister o£ state in the ministry of finance to the secretary, lok sabha] the president, having been informed of the sjlbject matter of the proposed bill to authorise payment and appropriation of certidn further sums from and out of the consolidated fund of india for the services of the year ending on the 31st day of march, 1979, recommends the introduction of the appropriation bill, 1979 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 1975-79 have been voted , a billto authorise payment and appropriation ot certain ~ iiims uom and out of the consolidated fund of india for the i8rviges ·;(jfthe ftnandal year 1f'1a-7t (s~ satish aqarwal, mini&ter of state in the ministry oj finance)

Parliament_bills

fa4146ad-d441-56c2-a678-9b7197ffc420

the criminal law amendment bill, 1960 - (to be introduced in lok sabha) (to be introduced in lolt sabra) a bill 'to lupplement the criminal ltiw be it ena;:ted by parliament in the eleventh year of the republic of india a& follows:-· 1 (1) this act may be called the criminal law amendment act, 1960 5 (2) it extendc; to the whole of india except the state of jamm1l and kashmir 2 whoever by words either spoken or written, or by signs, or oacttiodifti b 'bl t t' th' 'th at die terriy visi e represen a ion or 0 erwlse, questions e terri tori tori" inintegrit~ o~ frontiers o~ india in a manner which is, o~ is likely ,to ~~~n ~i 10 be, prejudicial to the mterests of the safety or 3ecurlty of india, india in a shall be punishable with imprisonment for a term whirh may extend ;:!d:i pr:; to three years, or with fine or with both, the interests of wcry and security of india 3 (1) if the central government considers that in the interests stat~ents, of the sarety or security of india or in the public interest, it is ~~·lft~ arc! 15 necessary or expedient so to do, it may, by notification in the prejudi~1 d ' " th f' to ma'dte~ official gazette, declare any area a jommg e rontlers of india nance of to be a notified ar!:':,,; and thereupon, for so long as the notification pudblic etc , or cr, - is m force, such area shall be a notified area for the purposes of thilt therein or , ro ~ty section, or aec:urity 20 (2) whoever makes, publishes or circulates in any notified area of india and t h' h ' l'k i t b d' rcaujatton any statement, rumour or repor w ic is, or is 1 e y 0 e, preju 1- of entry of cial to the maintenance of public order or essential supplies or~' ba !;ervices in the said area or to the interests of, the safety or security such area of india, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both (3) on and after such day as may be specified in and subject to any exemptions for which provision may be lllade by, a notification issued under sub-~ection (1), no person who was not immediately s before the said day a resident in the area declared to be a notified area by the notification shall enter or attemp~ tc enter that area or be therein except in accordance with the terms of a pe:rmit in writing granted to him by a person, not below the rank of a magistrate of the first class, specified in the said notification 10 ,(4) any police officer, not below the rank of a sub-inspector of police, may search any person entering 'or attempting to enter, or b~ng in, or leaving, a notified area and any vehicle, vessel, animal or article brought in by such person, and may, for the purpose of the search, detain such person, vehicle, vessel, animal or article: is provided that no woman shall be searched in pursuance (if this sub-section except by a woman authorised in this behalf by the police officer (5) if any person is in a notified area in ('ontravention of the provisions of sub-section (3), then, without prejudice to any other 20 proceedings which may be taken against him, he may be removed therefrom by or under the direction of any police officer on duty in the notified area, not below the rank of sub-inspector of· police (6) if any person enters or attempts to ~nter a notified area or is therein in contravention of any of the provisions of sub-section 25 (3) he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both power to 4 (1) where any newspaper or book as defined in the press and !~~u~: registration of books a('t, 1867, or any other document, wherever 2s of cati0!18 printed, appears to the state government to contain any matter the 30 !':t1~~4ssue publication of which is punishable under section 2 or f:ub-section (2) iicbl'clt war- ot c;ection 3, the state government may, by notification in the :: for the ofhcial gazette, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter and every copy of such book or other document to be forfeited to the 35 government, and thereupon any police officer may seize the same wherever found and any magistrate may by warunt authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue or any copy of such book or other document may be or may be 40 reasonably suspected to be (2) the powers conferred by sub-section' (1) on the state government may also be exercised by the central government (3) in sub-section (1) "document" includes also any painting, drawing or photograph, or other visible representation 5 • ( 1) any person having any interest in any newspaper, book applicati~n or other document in respect of which an order of forfeiture has ~ourt t~l~ 5 been made under section 4 may within two months from the date asridfierfi ~rde ' 0 0 elture of such order, apply to the high court to set aside such order on the ground that the issue of the newspaper, or the book or other document in respect of which the order was made did not contain any matter of such a nature as is referred to;n sub-section (1) of 10 section 4 (2) the provisions of sections 99c to 99f of the code of criminal 5 of 1898 procedure 1898, shall apply in relation to an application under subsection (1) as they apply in relation to an application under section 99b of that code and the reference in sectien 99d to seditious or 15 other matter of such a nature as is referred to in sub-section (1) of section 99a of that code shall be construed as a reference to any matter of such a nature- as is referred to in sub-section (1) of section 4 of this act (3) no order passed or action taken under section 4 shall be called in question in any court otherwise than in accordance with the 20 provisions of this section statement of objects and reasonscertain recent developments in the regions adjoining the borders of india and in other parts of the country likely to jeopardise the security of the country and its frontiers point to the necessity of placing curbs on such activities the criminal law amendment bill, 1960, accordingly seeks to provide for punishment to person who may question the territorial integrity or frontiers of india in a manner prejudicial to the safety and security of the country, and for other cogna~e matters g b pant new dj:lm; the 17th decemb,27', 1960 there is no provision in the criminal law amendment bill, 1960, 'which would involve expenditure from the consolidated fund of india it is, however, likely that the administration of the different provisions of the bill, when enacted, may involve expenditure indirectly in the employment of police, magistrates and in the care and maintenance of persons convicted the expenditure is not expected to be large and is not likely to exceed rs 5,000 annually a bu! [0 supplement the criminal law the president has, in pursuance of clause (3) of article 117 of the constitution of india, reconunendcd to lok sabha the consideration of the bill m n kaul, secretary (shri gof)ind ballabh pa"t, minister of home affairs)

Parliament_bills

cbae8303-e711-5b1e-8131-78743625a34a

,am no jaz of 1t70 the labour provident fund laws (amendment) bill, 1970 a billfurther to amend the coal mines provident fund and &nw schemes act, 1948 and the employees' provident funds act, 1952 be it enacted by parliament in the twenty-first year of the republic of india as follows:-1 (1) this act may be called the labour provident fund laws short (amendment) act, 1970 title and commence-s (2) it shall come into force on such date as the central government ment may, by notification in the oalcial gazette, appoint and dt1ferent dates may be appointed for different provisions of this act 2 in the lollg tule to the coal mid:es provident fund and bonus amendment of long title ol8 of 1948 schemes act, 1948 (hereinafter referred to as the coal mines act), after 10 the words ''provident fund scheme", the words ", a family pension scheme" shall be inserted 3 in the preamble to the coal mines act, the first paragraph shall 'be omitted amendmentof preamble 4 in sub-section (1) of section 1 of the coal mines act, after the words "provident fund", the words ", family pension" shall bl~ inserted amendment of section 1 5 in section 2 of the coal mines act, after clause (e), the following s clause shall be inserted, namely:-amendment of section 2 - (ee) "family pension fund" means the family pension fund established under the coal mines family pension scheme framed under sub-section (1) of section 3ej' 6 in section 3a of the coal mines act,-amendmentof section 3a (a) in sub-section (3), after the words "the board shall", the words, figure and letter ", subject to the provisions of section 3e," shall be inserted; (b) in sub-section (4), for the words "the scheme aforesaid", the words "the coal mines provident fund scheme and the coal mines is family pension scheme" shall be substituted amendmentor section 3c 7 in sub-section (3) of section 3c of the coal mines act, after the words "coal mines provident fund scheme", the words "and the coal mines family pension scheme" shall be inserted 8 after section 3d of the coal mines act, the following sections shall ac be inserted, namely:-insertion of neon' sections 3eand 3f coal mines family pellsion scheme "3e (1) the central government may, by notification in the official gazette, frame a scheme to be called the coal mines family pension scheme for the purpose of providing family pension and life assurance benefits to such employees as are covered by the coal mines zs provident fund scheme (2) there shall be established, as soon as may be, after the framing of the aforesaid scheme a family pension fund into which shall be paid from time to time in respect of every such employee-(a) such sums not exceeding one-fourth of the amount pay- 30 able under sub-section (1) of section lod as the employer's contribution as well as the employee's contribution, as may be specified in the said scheme, and (b) such sums, being not less than the amount contributed by the employer in pursuance of clause (a) to which shall be 35 addecl a further sum equivalent to one-sixteenth of the amouat payable under sub-section (1) of section lod as the employer's sontribution, as the central government may, after due appropriation made by parliament by law in this behalf, specify (3) the family pension fund shall vest in and be administered 40 by the board (4) any scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the second schedule special grant by central government 3f the central government shall, after due appropriation made s by parliament by law in this behalf, pay such further sums as may be determined by it into the family pension fund to meet the expenses ineurred in connection wuh the administration of the coat mines family pension seheme not includijii therein the cost of an)' benefits provided by or under the said scheme" 10 9 in sub-section (2) of section 5 of the coal mines act, for the words "second schedule", the words "third schedule" shall be substituted 10 in section 8 of the coal mines act, after sub-section (2), the following sub-section shall be inserted, namely:-amendmentol section • amendmentol section 8 ii (3) the provisions of sub-section (1) and sub-section (2) shall, is so far as may be, apply in relation to the family pension or any other amount payable under the coal mines family pension scheme as they apply in relation to any amount payable out of the fund" 11 the second schedule to the coal mines act shall be re-numbered as the third schedule and before the third schedule as so re-numbered, 20 the following schedule shall be inserted, namely:-insertion of new second schedule "the second schedule (see section 3e) matters to be provided for in the coal mines family pen3ion scheme1 the employees or class of employees to whom the coal mines 2s family pension scheme shall apply and the time within which option to join that scheme shall be exercised by those employees to whom the said scheme does not apply 2 subject to the provisions of section 3e (2), the portion of employer's and employees' contribution which may be credited to the 30 family pension fund 3 the contribution by the central government to the family pension fund and the manner in which such contribution is to be made 3s 4 the manner in which the account shall be kept, the investment of moneys belonging to the family pension fund in accordance with any directions issued or conditions specified by the central government, and the rate of interest, not being less than 5~ per centum per annum, payable on such investments 5 the form in which an employee shall furnish particulars about himself and his family whenever required 6 the nomination of a person to receive the assurance amount due to the employee after his death and the canceliation or variation of such nomination 40 7 the registers and records to be maintained in respect of employees, the form or design of any identity card, token or disc for the purpose of identifying any employee, or his nominee or a member of family entitled ro receive the pension 8 the scales of family pension and the assurance amount_·9 the mode of disbursement of family pension and the arrangements to be entered into with such disbursing agencies as may be specified for the purpose 10 the manner in which the expenses incurred 1n comleetion with 5 the adrtifhlstration of the coal mines family ~sion s~heme ·be paid by 'the-'cettttlal government to the~rd of trustees 11 any other matter which is to be provided for in the coal mines p'afrl11y pension sch~me or which may be necessary or proper for the purpose of tml'lementlng the coal mines family pension 10 scheme" 12 in the long title to the employees' provident funds act, 1952 19 ot 1952 'hereinafter referred to as the provident funds act), atter the words i'provident funds", the words "and fatnily pension fund" shall be inserted amendment of long title 13 in section 1 of the provident funds a-ct,-is amendment of 8pction 1 (a) in sub-section (1), after the words "provident fullds", the words "and family pension fund" shall be inserted; (b) the proviso to sub-section (5) shall be omitted 14 in section 2 of the provident funds act,-amendment ot section' (a) after clause (g), the following clauses shall be inserted, 20 nrmely:-'(gg) ''family pension fund" means the family pension fund established under the family pension scheme; (gag) "family pension scheme" means the employees' family pension scheme framed under section 6a;'; 25 (b) for clause (1), the following clause shall be substituted, nan'i~jy:-'(1) "scheme" means the employees' provident funti scheme framed under section 5' amendment ot section 6a 15 in section ~a of the provident funds act,-30 (a) in sub-section (3) , after the words -"the central board shall", the words, ftgure and letter "subject to the provisions of section 6a," shan be inserted; (b) in bub-section (4), after the words clof the seheme", the words "and the family pension ~cheme" shall-be mserted 3s 18 in bub-section (3) ofse<rtion 5d of the provident li'wlds act, after the words "the scheme", the words "and the family pension scheme" shall be inserted amendmentol section lid 17 in section 5e of the 'provident funds act, after the words "the scheme", the words "and the famfly pension scheme" shall be inserted 40 amendment of section 6e 18 after section 6 of the provident funds act, the following sections shall be inserted, namely:-insertion of new sections 6aand6b employees family pension scheme 5 "6a (1) the central government may, by notification in the official gazett~, fratpe a scheme to be called the employees' family pension scheme for the purpose 'of providing family pension and life assurance benefits to the ~mployees of any establishment or class of establlshments to whicb this 'act appli~s (2) there shall be established, as soon as may be, after the framing of the family pension scheme, a family pension fund into which 10 shall be paid from time to time in respect of every such employee-(a) such sums not exc~eding one-fourth of the amount payaqle under section 6 as contribution by the e:mployer ~s well as the employee, as may be specified in the family pensiojl $cpeme, (b) such sums as are payable by the employer of an exempted is establishment under sub-section (6) of section 17, and (c) such sums, being not jess than ~e qaomjlt coqtributed by the employer in pursuance of dause (a), as the central govet1ljmllt may, ·fter due appropriatien ldilde by parliament by law in tlris behalf specify 20 (3) the family pension fund shall vest in and be administered by the central board (4) a family pension scheme may provide for all or any of the matters specified in schedjlle iii (5) a family pension scheme may provide that any of its pro-25 visions shall take effect either prospectively or retrospectively on such date ~s may be specified in this behalf in that scheme 30 special grallt by the central government 88 the central government shall, after due appropliation made by parliament by law in this behalf, pay such further sums as may be determined by it jpto the family pensi,qn f\lud to meet the expellhl incurred in conneetion with the administration of the family '88ion stw,~ _ ~iq t~",ein the caat ef an, beneftts pro-vwm jy orauuler ",d scheme" amendment of section 7 j 19 in sub-section (1) of section 7 of the provident funds act, for the words "any sch,eme framed under i1:his act",thewords ",the scheme or 3s the family :pellfjion scheme, as the case may ·be" shall be substit\rted amendment at section 7a 20 in sub-section (1) of section 7a of the provident funds act, for the words "or of the scheme", the words "the scheme or the family pension scheme, as the case may be," shall be substituted amendment of section 8 21 in clause (b) of section 8 of the provident funds act for the 40 words ·and figures '~under sqction 17",tbe words and~res "under section 17 or in tel\pect of the contribution payable by ·him towards the family pension scheme under the said section 17" shall'be substituted 22 in section 10 of the provident funds act, after sub-section (2) i the following sub-section shall be inserted, namely:-ament!-ment of section 10 "(3) the provisions of sub-section (1) and bub-section (2) shall, so far as may be, apply in relation to the family pension or any other amount payable under the family pension scheme as they apply in s relation to· any amount payable out of the fund" amendment of section 11 23 in clause (b) of section 11 of the provident funds act, after the words "under the rules of the provident fund,", the words, figures and brackets "any contribution payable by him towards the family pension fund under sub-section (6) of section 17," shall be inserted 10 24 in section 13 of the provident funds act,-amendment of section 13 (a) in sub-section (1), for the words "or of any scheme", the words "the scheme or the family pension scheme" shall be substituted; (b) sub-section (2a) shall be re-numbered as sub-section (2b) j, and before sub-section (2b) as so re-numbered, the following subsection shall be inserted, namely:-u(2a) any inspector appointed under sub~ection (1) may, for the purpose of inquiring into the correctness of any information furnished in connection with the family pension scheme or 20 for the purpose of ascertaining whether any of the provisions of this act or of the family pension scheme have been complied with in respect of an establishment to which the family pension scheme applies exercise all or any of the powers conferred on him under clause (a), clause (b), clause (c) or clause (d) of:2 s sub-section (2) "; (c) in sub-section (28) as sore-numbered, after the words, bracket and figures "under sub-section (2)", the words, brackets, figure and letter "or under sub-section (2a), as the case may be," shall be inserted 30 25 in section 14 of the provident funds act,-amendment of section 14 (a) in sub-section (1), for the words "or under any scheme", the words "the scheme or the family pension scheme" shall be substituted; (b) in sub-section (2), for the words cia scheme framed under 35 this act", the words "the scheme or the family pension scheme" shall be substituted; (e) in sub-section (3), for the words "or under any scheme", the words "the scheme or the family pension scheme" shall be substituted 40 26 in section 14a of the provident funds act,-amend! mentof section 14a (a) in sub-section (1) for the words "or the scheme made thereunder", the words lithe scheme or the family pension scheme" shall be substituted; -, · (b) in sub-section (2), for the words "or the scheme thereunder', the words "the scheme or the family pension scheme" shall be substituted 27 in section 17 of the provident funds act, after sub-section (5), the s following sub-section shall be inserted, namely:-amendment of section 17 10 "(6) notwithstanding any exemption granted under this section, the employer of an exempted establishment to which the provisions of the family pension scheme apply, shall pay to the family pension fund such portion of the employer's contribution as well as the employee's contribution to its provident fund as may be specified in the family pension scheme" 28 in section 18 of the provident funds act, for the words "or under any scheme", the words "the scheme or the family pension scheme" shall be substituted amendment of section 18 amend ment of section 19 29 in section 19 of the provident funds act, for the words "or any is scheme", the words "the scheme or the family pension scheme" shall be su bstitu ted 30 after schedule ii to the provident funds act, the following schedule shall be inserted, namely:-insertion of new schedule iii 20 schedule iii [see sectj()n 6a (4)]matters for which provision may be made in the family pension scheme 1 the employees or class of employees to whom the family pension scheme shall apply and the time within which option to join that scheme shall be exercise d by those employees to whom the said 25 -scheme does not apply 2 subject to the provisions of section 6a (2), the portion of employer's and employee's contribution which may be credited to the family pension fund 30 3 the contribution by the central government to the family pension fund and the manner in which such contribution is to be made 35 4 the manner in which the account shall be kept, the investment of moneys belonging to the family pension fund in accordance with any directions issued or conditions specified by the central government, and the rate of interest, not being less than 5 per centum per annum, payable on such investments 5 the form in which an employee shall furnish particulars about himself and his family whenever required 6 the nomination of a person to receive the assurance amount due to the employee after his death and the cancellation or variation of such nomination 7 the re~ters and records to be maintained in respect of empleyees, the form or design of any identity card, tgken or disc for the purpose of identifying any employee, or his nominee or a member of family entitled to receive the pension 8 the scales of family pension and the assurance amount 9 the manner in which the ex-empted establishments have to pay the contributions (both employers' and employees' shares) 5 towards the family pension fund and the submission of returns relating thereto 10 the mode of disbursement of family pension and the arrangements to be entered into with such disbursing agencies as may be specified for the purpose 10 11 the manner in which the expenses incurred in connection with the administration of the family pension scheme be paid by the central government to the aoard of trustees 12 any other matter which is to be provided for in the family pension scheme or which may be necessary or proper for the purpose 15 of implementing the family pension scheme" 31 in section 44 of the life insurance corporation act, 1956, after clause (f), the following clause shall be inserted, namely;-amendment of act 31 of 1956 "(g) any family pension scheme framed under the coal mines provident fund and bonus schemes act, 1948 or the employees' 20 48 of 1948 provident funds act, 1952 for the purpose of providing family pen-19 of 1952 sion and life assurance benefits to the employees covered by the said scheme the coal mmes provident fund 'and bonus schemes act, 1948 and the ~mploy~s' provident funds act, 1952 provide"for the institution of protrident funds for employees' in coal mines, factories and other establlshnlents provident fund is an effective old~age and survivorship benefit, but when the employee happens to die prematurely, the accumulations in the provident fund are too small to render adequate and long-term protection to his family' with a view t6 providing long-term financial security to the families of industrial employees in the event of their premature death, it is proposed to introduce a family pension scheme for the employees covered under the two acts, and to create a family pension fund for this purpose by diverting a portion of the employer's and the employees' contributions to the provident fund, to which will be added a contribution by the central government out of the fund so set up, it is proposed to pay family pension at prescribed scales to the survivors of employees who die while in service before reaching the age of superannuation besides family pension,a compulsory life insurance benefit of rs '1000 will also be payable to the survivors of the employees in the event of death in service in the case of retirement, a lumpsum payment up to a maximum· of rs 4000 will be made to the employee depending upon the length of his service the terms and conditions for the grant of family pension will generally be the same as those applicable ~g the celltral government employees the benefits payable under the family pension scheme will be in addition to the payments due to the employees from the provident fund 2 the proposed scheme of family pension will be administered by the board of trustees, coal mines provident fund in respect of members of the coal mines provident fund, and by the central board of trustees, employees' provident fund, in respect of the employees of establishments covered by the employees' provident funds act; 1952 the cost ot administration'of the family pension scheme in each case will be borne by the central government ' " -, 3· the bill seeks to amend suitably the coal mines provident fund and bonus schemes act, 1948 and the employees' provident funds act, l~:l in order to achieve t~ese objectives d sanjivayya nsw dj:lbi; the23rd november, 1970 • · •• , 'o ' \ prlsm:nrt"s becommendatiol'f under article 117 of nre "' cpnstitution· of india [copy of letter no 16/1/70-pfii <vol it), c;iatedthe27th november, 1170 from shri d sanjivayya, minister of· labour, and rehabilitation to the secretuy, lok sabha] the president of india having been informed of the' subject matter of the above-mentioned bill has, in pursuance of clause (1) of article 117 of the constitution, recommended the introduction of the said bill in the lek sabha clauses 8 qld 18 of the am envis",,~ c;qnstit"tiqn,oleam~ aedlien funds tor the workers cqvered wldar the cci)alminescetavldenteluuleru:t bonus schemes act, 1948 and the employ,ees'p,rovident,funds act, 1952 by diversion of a portion of the employer's and the emplqyeae' contribu-tions to the provident funds; to which wiube added a contrib"tion b¥ the central government it has been prl)pojed thattbe contributions ot the employer, employees and the centril government to the family pension funds may be asshown below-(1) aal miiltlprovjdeahl-l : (a) jilhp~r 11% ofp, i~o of,y (it) bldplo,ee (e) centrll goven ment " 1 te;o of pay (2) junpjoyee' providf!dt i' : i~of'h) (ii) el1lplo,cr (6) bmplormi (c) ccaualooyblllalio;lt l"",ofp~· 2 clauses 8 and 18 of the blll also envisagfi! that the cost qfatlmiujitration of the fltnlly pension fund scheme will be paid by the central gowlllblfiiatl 3 the coal mlnes provident fund and bqlui8 s~mmes act, 1948 is app'li~able ttl about 4 lilths of employees in coal mines 'the equayeea' prbvldent fund$ at!\, 19&2is at pret~~b1e to abmlt55jakhi·a1 empltjyees ~)tlstlha n'lemb~i of th~ ~oa1 ·,miaaes pmvictert r1idd udl the employ-eea 01 &stlbu!;hrn~nts already c:oven:d bytb tnqlgym'l' provident funds act will be given option to come over to the family peneion ~i_ orctajtbn1illile"ui'uier··pwlili1ieut>i'ad"shtint-·rsek it u' ejllledtdidiat'f6':pfji', t d ,otj tbe,empio)lml8 6lfeatl, 11' • \iftdt!t the two acts will opt for the famlty me but the' p6t1tibili~ of l00-pei\ ~t • mtloyees opting for the family pension scheme cannot be ruled out 4 assuming that 75 per cent of the emplo~ ~ uft~ the coal mines provident fund and bonul~&h=e,act,aluithl~ preyldent fuhds a'ct opt for the flmlly ~i\libn scheme, the annual financial liability of the clfttral ~ent 1iftd«msequent expenditure from the consolidated fund of incu hasb~n estimated as under:-(i) ==i:l1=~m=: (ii) centrll government codtributioft to the peaaioo fund at the rate of if% of ply (%) employees covered under the emph,yee· provident fund act: ~) e~i-(}gvermnent·eontrlbutlon to the 'pens ion pu;'l at the rat~ of 1 i% of ply (~ coat·fif adjftinimatioir if, however, 100 ~r cent employees covwed unclei' the coal minet provicteftt fund and' bonus schemes act and the' emp!qyetts'provident funds act opt for the family pensi'an scheme the annual ftnanclal liqtiulty of the central government and coilleqjlen~ expenditure from the c0ns01i<!ated'1"und of 1hdi, will b~ as under;-(j) ~yeu""""'''r:thcia''l mines·jtro9i'lllm:1'udd -lji>nis ~ ~ : () employqs~ned ua tit 881'10,· pro9id p~:isact: (til c~tral g'w:mm~tcontribatlan to the plllliollhnci it 11% of ply, (~·g ltr· __ s1rtten the uabilityof the central govemment in respect' of employees eavered under the employees' provident funds act will increase proportionately with the expansion of coverage of the act enote-about 4 per cent of the cost of administration represents nonrecurring expenditure memorandum regarding delega'j'f,:d legislation the nraw section 3e of the coal mine~provideni fund and bonus schemes act', 1948, proposed to be inserted under clause 8 of the bill, seeks to empower the central government to frame the coal mines family pensiop scheme for the purpose of providing family pension and life assurance benefits to the employees covered by the coal mines provident fund scheme under clause 18 of the bill, a corresp,onding provision is being made in the new section 6a of the employees' provident funds act, 1952 for providing similar family pension and life assurance beneiits to the employees of establishments or 'class of esta1:) lishments to which the said act applies under the family pension schemes which will be framed by the central government; the various matters which are to be provided therein, are enumerated in the new second schedule proposed to be inserted in the 1948-act under clause 11 of the bill and in new schedule iii proposed to' be inserted in the 1952,-act unqer clause 30 of the bill it is' clear jpat t,he provisions to ~ ,!pj!d~jn,_tna family pension scheme under both the statutes, referred to" ~bove, will c~n~~n matters of detail and day-ta-day working, eg, the ~mplqyees_or class of employees to which the schemes shall apply, the portion of employer's and employee's contribution to be credited to the family pension funds, the contrib1!tionto be made by the central government towards the fund, the scales of family pension and the assurance amount to be paid to the ~mplo~es and,the ,mode of dis,bursement thereof, arid other like matters , ' ,2 the delegation of legislative powers is, thus/ 'of, a normal character - annexure ~c'l's nom tid coal mines provident fund and bonus schd08 ac:r 1948 (46 of 1948)an act to make provision for the framing of a provident fund scheme and a bonus scheme for persons employed in coal mines whereas it is expedient to make provision for the framing of a provident fund scheme and a bonus scheme for persons employed in coal mines; - - - - - short title and extent 1 (1) this act may be called the coal mines provident fund and bonus schemes act, 1948 - - - - - 3a (1) - - - - (3) the board shall administer the fund vested in it in such manner as may be specified in the scheme aforesaid constitution of board of trustees (4) the board shall perform such other functions as it may be required to perform by or under any provisions of the scheme aforesaid - - - - - 3e (1) - - - - appoint_ ment of officers (s) subject 110 the provisions of lub-sections (1) and (2), the board may appoint such other officers and employees as it may consider neces-iiu'y for the efficient administration of the coal mines provident fund scheme - - - - - - - - - - coal mines bonua scheme i (1) - - - - - (2) a scheme framed under the provisions (if sub-section (1) may prov'lde for ill or any (if the matters specified in the second schedule - - - - - | short ||------------|| extent and || applica- || tion |exftac'i's ntom !'hz employhs' pjtovment p'un1)tii act, 1952 (19 of 1952) an act to provide for the institution of provident funds for employees in fllctorie and othe-r establishments - - - - - 1 (1) this act may be called the employees' provident funds act 1952 - - - - - (5) an establishment to which this act applies shall continue to be pemed 'by this aet notwithstanding that the number of persons em· pleyed therein at any time falls below twenty: provided that where for a continuous period of not less than one year the number of persons employed therein has been less than fifteen, the employer in relation to such establishment may cease to give effect to the provisions of this act and any scheme framed tliereunder, with effect from the beginning of the month following the expiry 'af the -said- period of one year, but he shall, within one month of the date of such cessation, intimate, by registered post, the fact thereof to such autho'rity as may be specified by the appropriate government in this behalf definitions z in this act, unless the context otherwise requires,-- - - - - (l) "scheme" means a scheme framed under this act - - - - - sa (1) - - - - central board (3) the central board shall administer the fund vested in it in such manner as may be specified in the scheme (4) the central board shall perform such other functions as it may be required to perform by or under any provisions of the scheme - - - - - , appoin~mentof officers sd (1) - - - - , (3) the central board may appoint such other officers and employees' as it may consider necessary for the efficient administration·' of the seheme ' - - - - - dele,ation modibtiono! scheme determination of money due from em ployers mode of recovery of-moneys du from employers 5e the central board may, with the prior approval of the central government and a state board may, with the prior approval of the state government concerned, delegate to its chairman or t<1 any· of its of'llce!'8,' subject to such conditions and umftatlons, if any, as it may specify, sueltl" of its powers and functions under this act as it may deem necessal"1tor' the efficient administratien of the saheme - - - - 7 (1) the central government may, by notification in the· oftieial gazette, add to, amend or vary any saheme framed under tbis ad - - - - - 7a (1) the central provident fund commissioner, any deputy provident fund commissioner or any regional provident fund commissioner may, b~ order, determine the amount due from any employer ul'l<:ier any provisioft of this act or of the scheme an1i'b this purttose mayeonduet such inquiry as he may deem nfioessat'y - - - - - 8 any amount due-- - - - - (b) from the employer in relation to an exempted establishment in respect of any damages recoverable under section 14b or any charges payable by him to the appropriate government under any provision of thitl act or under any of the conditions specified under section 17, may, if the amount is in arrear, be r~overed by the appropriate ,government in the same manner as an arrear of land revenue - - - - - prlorltyor >':11: wbt!tea~y employer is adjudicated insolvent or, beine a compahy, ~ ordet: f?r wmding up is made, the amount due-· - pa~medt of eontributionl over other debts (b) from the employer in relation to an exempted establishment in respe~t of any eontrlbution to the provident fund (in 80 far as it relates to exempted employees), under th~ rules of the provident fund, damages recoverable under section 14b fir any charges payable by him to the appropriate government under any provision of this act or under any of the conditiolul·specifted under section 17, tot 1909 5 of 1920 '1 of 1913 shall, wh~re the liability therefor has accrued before the order of adjudication or winding up is made, be deemed to be included among the debts which under section 49 of the presidency-towns insolveqcy act, 1909 or under section 61 of the provincial insolvency act, 1920 or under section 230 of the indian companies act, 1913 are to be paid in priority to au other debts in the distribution of the property of the insolvent or the assets of the company being wound up, as the case may be - - - - - 13 (1) the appropriate government may, by notification in the official inipfictors gazette, appoint such persons as it thinks fit to be inspectors fut the purposes of this act or of any scheme, and may define their jurisdiction - - - - - 5 of 1898 (2a) the provisions of the code of criminal procedure, 189,8 shall, so far as may be, apply to any search or seizure under sub-section (2) 811 they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said code - - - - - 14 (1) whoever, for the purpose of avoiding any payment to be made penalties by himself under this act or under any scheme or of enabling any other person to' avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extemd to one thousand rupees, or with both (2) a scheme framed under this act may provide that any person who contravenes, or makes default in complying with, any of the provisions thereof shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both - - - (3) no court shall take cognizance of any offence punishable under this act or under any scheme except on a report in writing of the facts constituting such offence made with the previous sanction of such authority as may be specified in this behalf by the appropriate government, by an inspector appointed under section 13 offences by eompani_ 14a (1) if the person committing an offence under this act or the scheme made thereunder is a company, every person, who at the time the offence was committed was in charge of, and was responsible to, the company for tile conduct of the business of the company, as well as th:' company, shall be deemed to be guilty of the offence and shall be liable to be proceeded a,ainst and punished accordinily: provided that nothing contained in this ub-iection hali render any such person liable to any punishment, if he proves that the offence wu committed without hil knowledge or that he exercised all due diliaence to prevent the commisaion of luch oftence (2) notwithstanding anything contained in sub-section (1), where ad offence under this act or the scheme thereunder has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly - - - - - 18 no suit or other legal proceeding shall lie against an inspector or any other person in respect of anything which is in good faith done or intended to be done under this act or under any scheme protection tor act done in ,ood faith dele, tion of powers 19 the appropriate government may direct that any power or authority or jurisdiction exercisable by it under this act or any scheme shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also-- (a) where the appropriate government is the central government, by such officer or authority subordinate to the central government or by the state government or by such officer or authority subordinate to the state gove'"iuuent, al may be specified in the notification; and (b) where the appropriate government is a state g<1vemment, by such officer or authority subordinate to the state government as may be specified in the notification - - - - - a bill funher to amead the coal mines provident fund and bonus schemes act, 1948 and the employees' provident funds aa, 1952 (shri d sanjifjayya minister of labour and rehabilitation)

Parliament_bills

4d1295be-d4c5-5800-8981-100e83de710c

bill no 104 of 2004 the constitution (one hundred and third amendment) bill, 2004 a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-fifth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the constitution (one hundred and third amendment)act, 2004(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 after article 340 of the constitution, the following article shall be inserted namely:—insertion of new article 340a'340a (1) there shall be a commission for the minorities to be known as the national commission for minoritiesnational commission for minorities(2) subject to the provisions of any law made in this behalf by parliament, the commission shall consist of a chairperson, vice-chairperson and five other members and the conditions of service and tenure of the office of the chairperson, vice-chairperson and other members shall be such as the president may by rule determine:provided that at least five members including the chairperson shall be from amongst the minorities(3) the chairperson, vice-chairperson and other members shall be appointed, by the president by warrant under his hand and seal, from amongst persons of eminence, ability and integrity(4) the commission shall have the powers to regulate its own procedure (5) it shall be the duty of the commission—(a) to evaluate the progress of the development of minorities under the union and the states;(b) to monitor the working of the safeguards provided in the constitution and the laws enacted by parliament and the state legislatures;(c) to make recommendations for the effective implementation of safeguards for the protection of the interest of the minorities by the central government and the state governments;(d) to look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities;(e) to cause studies to be undertaken into problems arising out of anydiscrimination against the minorities and recommend measures for their removal;(f) to conduct studies, research and analysis on the issues relating to socioeconomic and educational development of the minorities;(g) to suggest appropriate measures in respect of any minority to beundertaken by the central government and the state governments;(h) to make periodical or special reports to the central government on any matter pertaining to the minorities and in particular the difficulties confronted by them; and(i) to discharge such other functions in relation to the protection, welfare, development and advancement of the minorities as the president may, subject to the provisions of any law made by parliament, by rule, specify (6) the president shall cause the recommendations referred to in sub-clause (c)of clause (5) to be laid before each house of parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the union and the reasons for the non-acceptance, if any, of any of such recommendations(7) where any recommendation referred to in sub-clause (c) of clause (5) or any part thereof is such with which any state government is concerned, the commission shall forward a copy of such recommendation or part to such state government who shall cause it to be laid before the legislature of the state along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the state and the reasons for the non-acceptance, if any, of any of such recommendation or part thereof(8) the commission shall, while performing any of the functions mentioned in sub-clauses (a), (b) and (d) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person from any partof india and examining him on oath;(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 oroffice;(e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the president may, by rule, determine(9) for the purposes of this article, "minority" means a community which the president may, by public notification, specify to be a minority' statement of objects and reasonsthe national commission for scheduled castes and the national commission for scheduled tribes have been constituted in pursuance of article 338 and article 338a respectively of the constitution article 350b of the constitution provides for appointment of a special officer for linguistic minorities the central government set up a minorities commission in january, 1978 for providing an institutional arrangement for evaluating the safeguards provided in the constitution and to make recommendations for effecetive implementation of the safeguards given to the minorities subsequently, in may, 1993, the central government constituted the national commission for minorities as a statutory body under the national commission for minorities act, 19922 there has been a persistent demand for giving constitutional status to the national commission for minorities it is felt that the constitution of the national commission for minorities under a constitutional provision would inspire greater confidence amongst the minorities and the commission would be more effective in safeguarding their interests it is, therefore, proposed to amend the constitution by way of insertion of a new article 340a in the constitution3 the bill seeks to achieve the above objectsnew delhi;meira kumarthe 16th december, 2004 financial memorandumclause 2 of the bill seeks to insert a new article 340a in the constitution for setting up of a commission for the minorities to be known as the national commission for minorities the proposed commission shall consist of a chairperson, vice-chairperson and five other members2 it is proposed to repeal the national commission for minorities act, 1992 and dissolve the commission constituted thereunder by enacting the national commission for minorities (repeal) bill, 2004 introduced separately it is also proposed to utilise the services of the secretary and other officers and emloyees of the national commission for minorities constituted under the said act for the proposed commission3 an amount of rs 303 lakhs has been provided for the national commission for minorities constituted under the national commission for minorities act, 1992 for the year 2004-05 under non-plan it is estimated that no additional recurring or non-recurring expenditure is likely to be involved during the said financial year for setting up the commission under the proposed new article 340a of the constitution, when enacted lok sabha————abillfurther to amend the constitution of india————(shrimati meira kumar, minister of social justice and empowerment)mgipmrnd—3666ls—17122004

Parliament_bills

0051d6cb-b07c-58a1-80ff-6405e459ebae

bill no 104 of 2017 the indian penal code (amendment) bill, 2017 by shri maheish girri, mp a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the indian penal code (amendment) act, 2017short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in section 326a of the indian penal code, 1860, for the first and second provisos, the following proviso shall be substituted, namely:—amendment of section 326a"provided that the fine imposed under this section shall not be less than rupees ten lakh, which shall be paid to the victim, and such fine shall be in addition to the amount of fine required to meet the total medical expenses of the treatment of the victim" statement of objects and reasonsthe criminal law (amendment) bill was passed by the government in the year 2013one of the purpose of this amendment was to amend section 326a of the indian penal code (ipc) but the provision for fine was not specifically mentioned in this sectionthe acid attacks permanently disfigure the body of the victim and also creates severe physical and psychological impact on them, the effects of which are lifelong some attack have also resulted in slow and painful deaths the national commission for women had proposed a bill "prevention of offences (by acids) act" in 2008, which had asked for specific provisions for compensation to the victims of acid attacks since treatment required for recovery of these victims are extremely costly and not all families of the victims can afford it, therefore, the compensation should be appropriate to the physical and mental agony that the victim suffer these recuperative surgeries have different stages to recover the face of the person and the operations too cost the victim lakhs of rupees the victim also go through significant trauma, both physical as well as psychological hence their rehabilitation is extremely challenging, especially without adequate financial supportthe physical as well as emotional damage caused to the victim cannot be compensated entirely with any amount of money as the incident leaves permanent marks on the body and also no surgery can completely bring back original face and other parts of the body, but, adequate amount of compensation can at least help them to bring themselves back to the regular routine of life furthermore, strict provision for fine would act as a strong deterrent and it may prevent such incidents in futurethe bill, therefore, seeks to amend the indian penal code, 1860 with a view to provide for compensation of minimum rupees ten lakhs in addition to the expenses of medical treatment of the victimshence this billnew delhi;maheish girrinovember 21, 2016 annexure extract from the indian penal code, 1860 45 of 1860326a whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished when convicted with imprisonment of either description for a term that shall not be less than ten years, but which may extend to imprisonment for life, and with fine:provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:provided further that any fine imposed under this section shall be paid to the victim lok sabha———— a billfurther to amend the indian penal code, 1860————(shri maheish girri, mp)

Parliament_bills

0ace0bf5-3f11-563b-bf92-b1ef5c0b2ab1

bill no 253 of 2017 the violent and indecent online games (prohibition on distribution, sale and advertisement) bill, 2017 by dr shrikant e shinde, mp abillto provide for prohibition on distribution, sale and advertisement of online games showing violence and indecency in their operations in the country and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in case of a state, the government of that state and in all other cases, the central government;5(b) "online games" means a video game that is either partially or primarily played through the internet or another computer network;(c) "prescribed" means prescribed by rules made under this act; (d) "sale" includes giving on rent or allowing free access to online game on internet;(e) "videogame" means an electronic game that involves interaction with a user interface to visual feedback on a television screen or computer monitor; and1060 of 1986 45 of 1860(f) words and expressions used in this act but not defined and defined in the indecent representation of women (prohibition) act, 1986 and the indian penal code, 1860 shall have the meaning respectively assigned to them in these acts153 (1) no person shall distribute, sell or advertise such online games in the country which contain violence, bloodshed and indecent material or representation(2) the central government shall not allow import of such online games in the country which are showing violence and indecencyprohibition on distribution, sale and advertisement of violent and indecent video games4 (1) it shall be the duty of the appropriate government to monitor the contents of online games available with in its territorial jurisdiction and notify such online games which contain violence and indecency20appropriate government to monitor the contents of games(2) the appropriate government shall from time to time, issue directions to the concerned authority and the police about the procedure to be followed in monitoring violent and indecent online games in the market in such manner as may be prescribed5 if any portal or website is selling, offering free downloading or free play of any violent or indecent online games, the central government shall block such portal or the website:25provided that the central government shall not block any portal or website without giving the representatives of such portal or website a reasonable opportunity of being heardthe central government to block the portals/ websites selling violent and indecent games306 it shall be the responsibility of each parent to check the content of the online game they are giving to their children or the games being acquired by children themselves and evaluate the ratings given on these online gamesparents to check the contents of games7 every school shall design or create curricula to guide/advice children to reduce their total screen time and the type of games to be playedschools to issue guidelines to students on games8 every new online game launched in the country in any manner shall be subject to the approval of chidren films society of indiaonline games to be launched with the approval of children films society of indiapenalty9 whoever contravenes or attempts to contravene or abets the contravention of theprovisions of this act shall be punishable with imprisonment for a term, which may extend to seven years or with fine, which may extend to fifteen lakh rupees or with bothoffences by companies510 (1) where a person committing a contravention of any of the provisions of this act or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention1015(2) notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this act or of any rule, direction or order made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordinglyexplanation— for the purpose of this section:—(i) "company" means anybody corporate and include a firm or other association of individuals; and(ii) "director", in relation to a firm, means a partner in the firm20power to remove difficulties11 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 difficult:25provided that no such orders shall be made after the expiry of the period of three years from the date of commencement of this actoverriding effect of the act12 the provisions of this act shall be in addition to, and not in derogation of, theprovisions in any other law, for the time being in force, relating to violent and indecent video games/online gamespower to make rules3013 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act35(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions, aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have affect 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 reasonschildren in today's world are growing in a totally different kind of environment the tools for play and entertainment are online games many of which are violent and indecent blue whale, pokemon go, san andreas, duke nankeen, max, payne, elite warriors, hitman, commandos, dooms are all names of most popular online games in the market right now all these are war or killing games which children are exposed to from their tender age of three years and above these games are highly engaging and interactive unlike watching television programmesindian association of biological psychiatry raised concern over children's addition to violent online games such as "blue whale" there is a need for vigilance on the part of parents and government agencies to take precautionary measures in order to save children from ill effect of video or online games these online video games are extremely violent and compel children to take extreme steps including attempt to suicide or indulge in selfinjurious behaviour as per a study by lowa state university researchers found children who repeatedly play violent video games are learning thought patterns that will stick with them and influence behaviours as they grow older researchers also found that over time children start to think more aggressively and when provoked at home, school or in other situations, children will react much like they do when playing a violent video gameapart from this, there are host of free video games / online games available on internet many with warning that the games may contain explicit scenes of blood and gore according to medical experts, recurrent viewing of scenes of blood and gore causes defiance in child so with slight provocation, anger or hostility, the defiance is often directed at parents it further says that children also develop insensitivity to pain and bloodshed in the absence of adequate inputs from parents and teachers about the basic human right of letting other persons to live these children become less caring and less helpful towards their peersas a result, the new kid on the block is an angry young child he devotes hours before screen playing these violent and indecent games most of the parents do not check the contents of the games and just give into the demands of the children which come very cheap at fifty rupees a game parents here have an important role to play psychologists have found that when parents limit the time as well as the type of game their children play, children are less likely to show aggressive behaviour it is otherwise also reflecting bad on the kids as instead of going to play out door games, they are sitting hours together before the television or computer screen children are not born violent; they are made violent they become conditioned to associate violence with fun, as part of normal life the end result of unmonitored video violence is that we are training an army of kids there were several incidents in other countries where children went into unprovoked shooting spree killing many innocents the same is the case with indecent games which are, at times, marked for adults but land in the hands of children due to apathy of the shop keeper in selling those games to right kind of persons these games allow player to watch strip shows, depict nudity, sexual conduct and other contents harmful to minors these types of games are also available for free download from internet there is an urgent need to ban these games containing violence, bloodshed and incedent material from the reach of the children and save the future of the societyhence this bill memorandum regarding delegated legislationclause 13 of the bill empowers the central government to make rules for carrying out purposes of the bill as the matters will relate to details only, the delegation of powers is of a normal character lok sabha———— a billto provide for prohibition on distribution, sale and advertisement of online games showing violence and indecency in their operations in the country and for matters connected therewith or incidental thereto————(dr shrikant e shinde, mp)gmgipmrnd—2629ls(s3)—20-12-2017

Parliament_bills

f2a4bae3-39af-50cc-bf38-fcbc22c3c7a0

for affixing such signature from the second schedule: provided that no electronic signature or authentication technique shall be specified in the second schedule unless such signature or technique is reliable (5) every notification'issued undér sub-section (4) 'shall be taid before each c house of parliament" -; : pa i a vt 7 after section 6 of the principal act, the following section shal! be inserted, namely:— insertion of new section 6a 6a (1) the appropriate government may, for the purposes of this chapter and delivery of services by service provider for efficient delivery of services to the public through electronic means authorise, by order, any service provider to set up, maintain and upgrade the computerised facilities and perform such other services as it may specify, by notification in the official gazette, explanation—for the purposes of this section, service provider so authorised includes any individual, private agency, private company, partnership firm, sole proprietor firm or any such other body or agency which has been granted permission ($7 by the appropriate government to offer services through electronic means in accordance with the policy governing such service sector (2) the appropriate government may also authorise any service provider authorised under sub-section (/) to collect, retain and appropriate such service charges, ac as may be prescribed by the appropriate government for the purpose of providing such services, from the person availing such service (3) subject to the provisions of sub-section (2), the appropriate government may authorise the service providers to collect, retain and appropriate service charges ~ under this section notwithstanding the fact that there is no express provision under the act, nule, regulation or notification under which the service is provided to collect, ax" retain and appropriate e-service charges by the service providers (4) the appropriate government shall, by notification in the official gazette, specify the scale of service charges which may be charged and collected by the service providers under this section: provided that the appropriate government may specify different scale of service 3e charges for different types of services' 8 after section 10 of the principal act, the following section shall be inserted, namely:— insertion of new section 10a "{0a where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by means of an electronic record, such 3s" contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose" validity of contracts formed through electronic means amendment of section 12 9 in section 12 of the principal act, in sub-section (/), for the words "agreed with the addressee", the word "stipulated" shall be substituted he substitution of new sections 10 for sections 15 and 16 of the principal act, the following sections shal! be substituted, namely:— for sections 15 and 16 15, an electronic signature shall be deemed to be a secure electronic signature if secure electronic signature "s(i the signature creation data, at the time of affixing signature, was under the exclusive control of signatory and no other person; and (ii the signature creation data was stored and affixed in such exclusive manner as may be prescribed : explanation —in case of digital signature, the "signature creation data" means the private key of the subscriber 16 the central government may, for the purposes of sections 14 and 15, prescribe the security procedures and practices: security procedures and practices provided that in prescribing such security procedures and practices, the central > government shall have regard to the commercial circumstances, nature of transactions and such other related factors as it may consider appropriate' 11 section 20 of the principal act shall be omitted omission of section 20 12 in section 29 of the principal act, in sub-section (/), for the words "any amendment of section 29 [© contravention of the provisions of this act, rules or regulations made thereunder", the words "any contravention of the provisions of this chapter" shall be substituted 13 in section 30 of the principal act, amendment of section 30 (/) in clause (c), after the word "assured", the word "and" shall be omitted; (id after clause (c), the following clauses shall be inserted, namely:— 1s "(ca) be the repository of all electronic signature certificates issued under this act; (cb) publish information regarding its practices, electronic signature certificates and current status of such certificates; and" amendment of section 34 14, in section 34 of the principal act, in sub-section (/), in clause (a), the words "which q° contains the public key corresponding to the private key used by that certifying authority to digitally sign another digital signature certificate" shall be omitted 15 in section 35 of the principal act, in sub-section (4), - amendment of section 35 (a) the first proviso shall be omitted; (2) in the second proviso, for the words "provided further", the word "provided" q5° shall be substituted 16 in section 36 of the principal act, after clause (c), the following clauses shall be amendment of section 36 inserted, namely:— "(ca) the subscriber holds a private key which is capable of creating a digital signature; eo (cb) the public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the subscriber;" 17 after section 40 of the principal act, the following section shall be inserted, namely:— | insertion | of ||--------------|---------|| new | section || 40a | |"40a in respect of electronic signature certificate the subscriber shall perform as such duties as may be prescribed" | duties | of ||--------------|-------|| subscriber | of || electronic | || signature | || certificate | |18 in chapter ix of the principal act, in the heading, for the words "penalties and adjudication ", the words "penalties, compensation and adjudication" shall be substituted | amendment | of ||--------------|-------|| heading | of || chapter | ix, |19 in section 43 of the principal act,— amendment of section 43,(a) in the margina! heading, for the word "penalty", the word "compensation" uo shall be substituted; () after clause (a), the following clause shall be inserted, namely:— "() destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means," 20 after section 43 of the principal act, the following section shall be inserted, namely:— insertion of hew section 43a, '43 where a body corpofate, possessing, dealing or handling any sensitive compensation » personal data or information ina computer resource which it owns, controls or operates, for failure to protect dats sis negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation, not exceeding five crore rupees, to the person so affected explanation—for the purposes of this section, - te () "body corporate" means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities; 1° (ii) "reasonable security practices and procedures" means security practices and procedures designed to protect such information from unauthorised access, damage, use, modification, disclosure or impairment, as may be specified ae in an agreement between the parties or as may be specified in any law for the time being in force and in the absence of such agreément or any law, such reasonable security practices and procedures, as may be prescribed by the central government in consultation with such professional bodies or associations as it may deem fit; (di) "sensitive persona! data or information" means such personal information as may be prescribed by the central government in consultation with such professional bodies or associations as it may deem fit' 21 in section 46 of the principal act, in sub-section (j), for the words "direction ot amendment of section 46, order made thereunder", the words "direction or order made thereunder which renders him 247 liable to pay penalty or compensation," shal] be substituted 22 in chapter x of the principal act, in the heading, the word "reaularions" shail be omitted 23 in section 48 of the principal act, in sub-section (/), the word "regulations" 3e | amendment | of ||--------------|-------|| heading | of || chapter | x || amendment | of || section | 48 |shall be omitted 24, for sections 49 to 52 of the principal act, the following sections shall be substitution of new sections substituted, namely:— for sections 49 to 52, "49 (1) the cyber appellate tribunal shal consist of a chairperson and such number of other members, as the central government may, by notification in the 23 official gazette, appoint composition of cyber appellate tribunal, {2) the selection of chairperson and members of the cyber appeitate tribunal shall be made by the central government in consultation with the chief justice of india (3) subject to the provisions of this act— 40 (a) the jurisdiction, powers and authority of the cyber appellate tribunal may be exercised by the benches thereof; (b) a bench may be constituted by the chairperson of the cyber appellate tribunal with one or two members of such tribunal as the chairperson may deem fit: ; provided that every bench shall be presided over by the chairperson or we the judicial member appointed under sub-section (3) of section 50; (c) the benches of the cyber appellate tribunal shali sit at new dethi and at such other places as the central government may, in consultation with the chairperson of the cyber appellate tribunal, by notification in the official gazette, specify; _ (@) the central government shall,-by notification in the official gazette, specify the arcas in relation to which each bench of the cyber appellate tribunal _ may exercise its jurisdiction 9 -, ~: a 7 (4) notwithstanding anything cotitained in sub-section (3), the chairperson of the cyber appellate tribunal may transfer a member of such tribunal from one bench to another bench (5) if at any stage of the hearing of any case or matter it appears to the chairperson or a member of the cyber appeliate tribunal that the case or matter is of such a nature that it ought to be heard bya bench consisting of more members, the case or matter may be transferred by the chairperson to such bench as the chairperson may deem fit qualifications 50 (7) a person shall not be qualified for appointment as a chairperson of the cyber appellate tribunal unless he is, or has been, or is qualified to be, a fudge of a high court ss (2) the members of the cyber appellate tribunal, except the judicial member to for appointment as chairperson and members of cyber appeliate tribunal, be appointed under sub-section (3), shall be appointed by the central government from amongst persons, having special knowledge of, and professional experience in, information technology, telecommunication, industry, management or consumer affairs: qo provided that a person shall not be appointed as a member, untess he is, or has been, in the service of the central government or a state government, and has held the post of additional secretary to the government of india or any equivalent post in the central government or state government for a period of not less than two years or joint secretary to the government of india or any equivalent post in the central government or state government for a period of not less than seven years as (3) the judicial members of the cyber appellate tribunal shall be appointed by the central government from amongst persons who is or has been a member of the indian legal service and has held the post of additional secretary for a period of not less than one year or grade i post of that service for a period of not less than five years 51 (/) the chairperson or member of the cyber appellate tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier term of office, conditions of service, etc, of chairperson and members 37 (2) before appointing any person as the chairperson or member of the cyber appellate tribunal, the central government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such chairperson or member, (3) an officer of the central government or state government on his selection as the chairperson or member of the cyber appellate tribunal, as the case may be, shall have to retire from service before joining as such chairperson or member luo 52 the salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the chairperson or'a member of the cyber appellate tribunal shall be such as may be prescribed salary, allowances and other terms and conditions of service of chairperson and members powers of superintendence, direction, etc\e $2a, the chairperson of the cyber appellate tribunal shall have powers of general superintendence and directions in the conduct of the affairs of that tribunal and he shail, in addition to presiding over the meetings of the tribunal, exercise and discharge such powers and functions of the tribunal as may be prescribed distribution 52b where benches are constituted, the chairperson of the cyber appellate tribunal may, by order, distribute the business of that tribunal amongst the benches and also the matters to be-deait with by each bench of business among benches | power | of ||-------------|----------|| chairperson | || to | transfer || cases | |52c on the application of any of the parties and after notice to the parties, and after hearing such of them as he may deem proper to be heard, or sua motu without $~ such notice, the chairperson of the cyber appellate tribunal may transfer any case pending before one bench, for disposal to any other bench decision by majority 52d if the members of a bench consisting of two members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairperson of the cyber appellate tribunal who shall hear the point or points 10 himself and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it" amendment of section 53 25, in section 53 of the principal act, for the words "presiding officer", the words "chairperson or member, as the case may be," shall be substituted amendment of section 54 26 in section 54 of the principal act, for the words "presiding officer" wherever they ts occur, the words "chairperson or the member" shall be substituted amendment of section 55 27, in section 55 of the principal act, for the words "presiding officer", the words "chairperson or the member" shail be substituted 28 in section 56 of the principal act, for the words "presiding officer', the word amendment of section 56 "chairperson" shall be substituted do 29 in section 61 of the principal act, the following proviso shall be inserted at the end, amendment of section 61 cnamely:— a7 "provided that the court may exercise jurisdiction in cases where the claim for injury or damage suffered by any person exceeds the maximum amount which can be awarded under this chapter" 30 in section 64 of the principal act,— amendment of section 64 (i) for the words "penalty imposed", the words "penalty imposed or compensation awarded" shall be substituted; (ii) in the marginal heading, for the word "penalty", the words "penalty or compensation" shall be substituted be 31 for sections 66 and 67 of the principal act, the following sections shall be substitution of new sections substituted, namely:— for sections 66 and 67 '66 ifany person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to two years _ computer related offences or with fine which may extend to five lakh rupees or with both 3> explanation —for the purposes of this section, - (a) the word "'dishonestly" shall have the meaning assigned to it in section 24 of the indian penal code; 45 of 1860 ; (5) the word "fraudulently" shall have the meaning assigned to it in section 25 of the indian penal code tye 45 of 1860 punishment 66a any person who sends, by means of a computer resource or a communication device,— ; (a) any content that is grossly offensive or has menacing character; or (4) any content which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal 4 - for sending offensive messages through communication service, etc intimidation, enmity, hatred or il will, persistently makes use of such computer resource of a communication device, shail be punishable with imprisonment for a term which may extend to two years and with fine explanation —for the purposes of this section, the term "communication device" means cell phones, persona) digital assistance (pda) or combination of both or any other device used to communicate, send or transmit any text, vidéo, audio or image 67 whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having - regard to all relevant circumstances, to read, see or hear the matter contained or embodied punishment for publishing or transmitting obscene 'material in 'electronic form in it, shall be punished on first conviction with imprisonment of either description for \o a term which may extend to two years and with fine which may extend to five lakh - rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees punishment 67a whoever publishes or transmits or causes to be published or transmitted for publishing in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of or transmitting of material containing sexually explicit act, qe either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees ete, in electronic form exception—this section and section 67 does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form— a7 (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or (ii which is kept or used bona fide for religious purposes' amendment of 32 in section 68 of the principal act, for sub-section (2), the following sub-section _ section 68 2°shall be substituted, namely:-— (2) any person who intentionally or knowingly fails to comply with any order under sub-section (7) shall be guilty of an offence and shall be tiable on conviction to imprisonment for a term not exceeding two years or a fine not exceeding one lakh rupees or both" 33 for section 69 of the principal act, the following section shall be substituted, 357 namely:-— substitution of new section for section 69, "69 (j) where the central government is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of india, defence of india, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above he or for investigation of any offence, it may subject to the provisions of sub-section (2), | power | to ||--------------|----------|| directions | for || interception | or || monitoring | or || decryption | of || any | informa- || tion | through || any | computer || resource, | |for reasons to be recorded in writing, by order, direct any agency of the government to intercept or monitor or decrypt or cause to be intercepted or monitored or decrypted any information transmitted through any computer resource us (2) the central government shall prescribe safeguards subject to which such interception or monitoring or decryption may be made or done, as the case may be (3) the subscriber or intermediary or any person incharge of the computer resource shall, when called upon by any agency which has been directed under subsection (/), extend all facilities and technical assistance to— (a) provide access to the computer resource containing such inforination, so (2) intercept or monitor or decrypt the information, (c) provide information contained in computer resource it $7 (4) the subscriber or intermediary or any person who fails to assist the agency referred to in sub-section-3) shall be punished with an imprisonment for a term which may extend to seven years" 34 in section 70 of the principal act,— amendment of section 70 (a) for sub-section (/ ), the following sub-section shall be substituted, namely:— '(j) the appropriate government may, by notification in the official gazette, declare any computer resource which directly or indirectly affects the facility of }o critical information infrastructure, to be a protected system nm explanation —for the purposes of this section, "critical information infrastructure" means the computer resource, the incapacitation or destruction of which, shall have debilitating impact on national security, economy, public health or safety'; (8) after sub-section (3), the following sub-section shall be inserted, namely:— "(4) the central government shall prescribe the information security practices and procedures for such protected system" 35 after section 70 of the principal act, the following section shall be inserted, de namely:— insertion of new section toa "70a (1) the indian computer emergency response team (cert-in) shall serve as the national nodal agency in respect of critical information infrastructure for coordinating all actions relating to information security practices, procedures, guidelines, incident prevention, response and report indian computer emergency response team to serve as7 as national nodal agency (2) for the purposes of sub-section (7), the director of the indian computer emergency response team may call for information pertaining to cyber security from the service providers, intermediaries or any other person (3) any person who fails to supply the information called for under sub-section to (2), shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both (4) the director of the indian computer emergency response team may, by order, delegate his powers under this section to his one or more subordinate officers not below the rank of deputy secretary to the government of india" 36 after section 72 of the principal act, the following section shall be inserted, 3s namely:— | insertion | of ||--------------|---------|| new | section || t2a | || punishment | |"t2a save as otherwise provided in this act or any other law for the time being in force, any person including an intermediary who, while providing services under the for disclosure of-information terms of fawful contract, has secured access to any material containing personal - information about another person, with the intent to cause or knowing that he is likely | in | breach ||-----------|-----------|| of | lawful || contract | || 4a | |to cause wrongful:loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such material to any other person, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to five lakh rupees, or with both" 37 for sections 77 and 78 of the principal act, the following sections shall be substitution of new sections substituted, namely:— wwfor sections 77 and 78 "77, no compensation awarded, penalty imposed or confiscation made under this act shall prevent the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force compensation, penalties or confiscation not fo interfere with other punishment : tta notwithstanding anything contained in the code ofcriminal procedure, 2 of 1974 gm 1973, offénces under sections 66, 66a, 72 and 72a may be compounded by the aggrieved person: ' | offences | under ||---------------|----------|| sections | 66, || 66a, | 72 || t2a | to || compoundable | |provided that the provisions of this section does not apply where the accused is, by reason of his previous conviction, liable to either enhanced punishment or to a punishment of a different kind for such offence jo 778 no court shall take cognizance of an offence punishable under sections 66, 66a, 72 and 72a, except upon a complaint made by the person agerieved by the offence cognizance of offences under sections 66, 66a, 72 and 72a , 78 (1) notwithstanding anything contained in the code of criminal procedure, 2 of 1974 1973, no police officer below the rank of deputy superintendent of police shall | power ||-------------|| investigate || offences || 87 - investigate any cognizable offence under this act (2) when information is given to an officer in charge of a police station of the commission within the fimits of such station of a non-cognizable offence under this act, he shall cause to be entered the substance of the information in a book to be kept by such officer in such form as the state government may prescribe in this behalf qo (3) any police officer receiving such information may exercise the same powers in respect of investigation (except the power to arrest without warrant) as an officer in charge of the police station may exercise in a cognizable case under section 156 of the 2 of 1974, code of criminal procedure, 1973" substitution of new chapters 38 for chapter xie of the principal act, the following chapters shall be substituted, a y namely:— for chapter xil 'chapter xii intermediaries not to be liable in certain cases79 (1) notwithstanding anything contained in any other law for the time being exemption from liability of intermediary in certain casesin force but subject to the provisions of sub-sections (2) and (3), an intermediary 30 shall not be liable for any third party information, data, or communication link made available by him (2) the provisions of sub-section (/) shall apply if— (@) the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is 357 transmitted or temporarily stored; or (2) the intermediary does not-— | | | | | (i) | initiate | the | transmission, ||------|--------|-----|------------|--------|-------------|---------------|------------------|| (ii) | select | the | receiver | of | the | transmission, | and || ii) | select | or | modify | the | information | contained | in || yo | (3) | the | provisions | of | sub-section | (/) | shall |(a) the intermediary has conspired or abetted in the commission of the unlawful act; (5) upon receiving actual knowledge, or on being notified by the appropriate government or its agency that any information, data or ds communication link residing in or connected toa computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner (4) intermediary shall observe stich 'other guidelizies as the central government may prescribe in this behalf explanation—for the purpose of this section, the expression "third party $~~ information" means any information dealt with by an intermediary in his capacity as an intermediary chapter xia examiner of electronic evidencecentral 79a the central government may, for the purposes of providing expert opinion (o government on electronic form evidence before any court or other authority specify, by notification ee polity of in the official gazette, any department, body or agency of the central government or electronic a state government as an examiner of electronic evidence evidence, explanation—for the purposes of this section, "electronic form evidence" means any information of probative value that is either stored or transmitted in electronic ¢4 ~ form and includes computer evidence, digital audio, digital video, cell phones, digital fax machines' omission of 39 section 80 of the principal act shall be omitted section 80 amendment 40 in section 81 of the principal act, the following proviso shall be inserted at the end, of section 81 namely:—- ze "provided that nothing contained in this act shall restrict any person from exercising any right conferred under the copyright act, 1957 or the patents act, 1970" 14 of 1957 39 of 1970 amendment 41 in section 82 of the principal act,— of section 82 (a) for the marginal heading, the following marginal heading shall be substituted, namely:— 237 "chairperson, members, officers and employees to be public servants"; (4) for the words "presiding officer", the words "chairperson, members" shall be substituted amendment 42, in section 84 of the principal act, for the words "presiding officer", the words of section 84 "chairperson, members" shall be substituted 3e insertion of 43 after section 84 of the principal act, the following sections shall be, inserted, new sections namely:— 84a, 84b and 84c ; modes or "4a the central government may, for secure use of the electronic medium and methods for for promotion of e-governance and e-commerce, prescribe the modes or methods for encryption encryption 3s punishment 84b whoever abets any offence shall, if the act abetted is committed in for wbelment consequence of the abetment, and no express provision is made by this act for the of onlences punishment of such abetment, be punished with the punishment provided for the offence under this act explanation—an act or offence is said to be committed in consequence of 4o abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment punishment 84c whoever attempts to commit an offence punishable by this act or causes for attempt such an offence to be committed, and in such an attempt does any act towards the thee commission of the offence, shall, where no express provision is made for the punishment y ¢~ of such attempt, be punished with imprisonment of any description provided for theoffence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both" 44jn-section 8720f the principal act— (a) in sub-section (2),— s (i) fd clause (a), the following clauses shall be substituted, namely:— "(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3a; (aa) the procedure for ascertaining electronic signature or lo authentication under sub-section (3) of section 3a; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;"; (ii) after clause (c), the following clause shall be inserted, namely:— - (ca) the manner in which the authorised service provider may collect, ' retain and appropriate service charges under sub-section (2) of section 6as"; (iif for clause (e), the following clauses shall be substituted, namely:— "(e) the manner of storing and affixing electronic signature creation data under section 15; 2 (ea) the security procedures and practices under section 16;"; (iv) clause (g) shall be omitted; 1957 (v) after clause (m), the following clause shall be inserted, namely:— 1970 "(ma) the form of application and fee for issue of electronic signature certificate under section 35; (vi) after clause (0), the following clauses shall be inserted, namety:— "(oa) the duties of subscribers under section 40a; (06) the reasonable security practices and procedures and sensitive personal data or information under section 43;"; (vii) in clause (7), for the words "presiding officer", the words 2% "chairperson and members" shall be substituted: (viii) in clause (s), for the words "presiding officer", the words "chairperson and members" shall] be substituted; (i) for clause (w), the following clauses shall be substituted, namely:— 25 (w) the powers and functionsof the chairperson of the cyber appellate tribunal under section 52a; (x) the safeguards for interception or monitoring or decryption under sub-section (2) of section 69; (y) the information security practices and procedures for protected system under section 70; ge (z) the guidelines to be observed by the intermediaries under subsection (4) of section 79; (za) the modes or methods for encryption under section 84a;"; (b) in sub-section (3),— (i) for the words, brackets, letter and figures "every notification made 4s by the central government under clause (/) of sub-section (4) of section 1 and every rule made by it", the words "every rule made by the central government" shall be substituted; (id) the words "the notification or" wherever they occur, shall be omitted amendment 45 in section 90 of the principal act, in sub-section (2), for clause (c), the following of section 90 clause shall be substituted, namely:— "(c) the form of information book under sub-section (2) of section 78" omission of 46 sections 91,92, 93 and 94 of the principal act shall be omitted sections 91, 92, 93 and 94, substitution 47 for the first schedule and the second schedule to the principal act, the following ss | of | new ||-----------|----------|| schedules | for || first | schedule || and | second || schedule | || "first | schedule | [see sub-section (4) of section 1] documents or transactions to which the act shall not apply| | | | | | | | | | slno | description | of | documents | or | transactions | 15 ||----------------|-------|-------------------|--------------|-------------|--------|----------|------------|---------|-----------|--------------------|---------|--------------|------------|-----------------|------------|| 1 | a | negotiable | instrument | (other | than | a | cheque) | as | defined | in | section | 13 | of | the | negotiable || instruments | act, | 1881 | 26 | of | 1881 | | | | | | | | | | || 2 | a | power-of-attorney | as | defined | in | section | 1a | of | the | powers-of-attorney | act, | 1882, | 7 | of | 1882 || 3 | a | trust | as | defined | in | section | 3 | of | the | indian | trusts | act, | 1882 | 2 | of || 4, | awill | as | defined | in | clause | (4) | of | section | 2 | of | the | indian | succession | act, | 1925, || including | any | other | testamentary | disposition | by | whatever | name | called | | | | | | | || 5 | any | contract | for | the | sale | or | conveyance | of | immovable | property | or | any | interest | in | || such property | | | | | | | | | | | | | | | | the second schedule| | {see | sub-section | (/) | of | section | 3a] | 20 ||------------|-------------|----------------|------------|----------------|------------|--------|-----------|| electronic | signature | or | electronic | authentication | technique | and | procedure || 'slno | description | procedure | | | | | || q) | @) | 8) | | | | | |omission of 48 the third schedule and the fourth schedule to the principal act shall be omitted third schedule and fourth schedule p ww amendment of the indian penal code amendment 49 in the indian penal code— 45 of 1860 of indian penal code amendment {a) in section 4,— of section 4 (after clause (2), the following clause shall be inserted, namely:— "(3) any person in any place without and beyond india committing offence targeting a computer resource located in india"; (ii) for the explanation, the following explanation shall be substituted, namely:— 'explanation—in this section— (a) the word offence includes every act committed outside india which, if committed in india, would be punishable under this code; (5) the expression "computer resource" shall have the meaning assigned to it in clause (k) of sub-section (/) of section 2 of the information technology act, 2000'; 21 of 2000 (8) in section 40, in clause (2), after the figure "117", the figures "118, 119 and amendment of section 40, 120" shall be inserted; | amendment | of ||--------------|--------------|| section | 118 || (c) | in || omission, | the || omission | or || of | a || 1s | || amendment | of || section | 119 || (@) | in || omission, | the || omission | or || of | a || (e) | after || insertion | of || section | 417a || 2a | || punishment | || for | identity || theft | || "417a | whoever, || any | other || with | imprisonment || and | shall || (/) | after || insertion | of ||--------------|----------|| new | section: || 419a | || as | || punishment | || "419a | whoever, || resource | cheats || description | for || fine | || for | cheating || personation | || using | computer || resource, | |30 21 of 2000 explanation——the expression "computer resource" shall have the meaning assigned to it in clause (4) of sub-section (/) of section 2 of the information technology act, 2000"; "el amendment of section 464 (g) in section 464 , for the words "digital signature" wherever they occur, the words lectronic signature" shall be substituted; (a) after chapter xxi, the following chapter shall be inserted, namely:— | insertion | of ||--------------|---------|| new | chapter || xxia | | "chapter xxia 3s or privacypunishment 502a whoever, intentionally or knowingly captures, publishes or transmits for violation of ptivacythe image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with simple imprisonment for a term which may extend to two years or with fine not exceeding two lakh mupees, or with both explanation—for the purpose of this section— (a) "transmit" means to send electronically a visual image with the intent that it be viewed by a person or persons; (5) "capture", with respect to an image, means to videotape, photograph, film or record by any means; (c) "private area" means the naked or undergarment clad genitals, pubic area, buttocks or female breast; (d) "publishes" means reproduction in the printed or electronic form and making it available for public; (e) "under circumstances violating privacy" means circumstances in which a person van have a reasonable expectation that— (jhe or she could disrobe in privacy, without being concemed 10 that an image of his private area is being captured; or (i any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place" partivis amendment of the indian evipence acr, 18721 of 1872 50 in the indian evidence act, 1872,— amendment of indian evidence act amendment of section 3 2o (a) in section 3 relating to interpretation clause, in the paragraph appearing at the end, for the words "digital signature" and "digital signature certificate", the words "electronic signature" and "electronic signature certificate" shall respectively be substituted; (b) after section 45, the following section shall be inserted, namely:— "45a when in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource 2s insertion of new section 45a opinion of examiner of electronic evidence 21 of 2000 or any other electronic or digital form, the opinion of the examiner of electronic evidence referred to in section 79 of the information technology act, 2000, is a relevant fact explanation —for the purposes of this section, an examiner of electronic evidence shall be an expert"; (c) in section 47a,— amendment of section 47a, 30 (/) for the words "digital signature", the words "electronic signature" shal} be substituted; (i) for the words "digital signature certificate", the words "electronic signature certificate" shall be substituted; (d) in section 67a, for the words "digital signature" wherever they occur, the as" amendment of section 67a words "electronic signature" shall be substituted; (e) in section 85a, for the words "digital signature" at both the places where amendment of section 85a they occur, the words "electronic signature" shall be substituted; amendment of section 85b ( in section 85b, for the words "digital signature" wherever they occur, the words "electronic signature" shall be substituted; ge amendment of section 85c {g) in section 85c, for the words "digital signature certificate", the words "electronic signature certificate" shall be substituted; amendment of section 90a (h) in section 90a, for the words "digital signature" at both the places where they occur, the words "electronic signature" shall be substituted; part v amendment of the cope of criminal procepure, 1973§1 in the code of criminal procedure, 1973,— | of | 1974 ||------------|----------|| amendment | of || code | of || criminat | || procedure | |(a) after section 198a, the following section shall be inserted, namely:-— | insertion | of ||--------------|---------|| new | section || 198b | || www | || 5 | of || "198b | no || sections | 417a, || made | by || prosecution | of || offences | under || sections | 417a, || 419a | and || of | indian || code | |} in section 320,— amendment of section 320(i) in sub-section (j), in the table, after the entries relating to— ia (a) sections 352, 355 and 358, the following entries shall be inserted, namely:— 1 2 3 "identity theft 417a the person against whom the offence was committed"; (b) section 502, the following entries shall be inserted, namely: - i 2 3 26 "violation of privacy 502a the person against whom the offence was committed"; (id in sub-section (2), in the table, after the entries relating to section 419, the following entries shall be inserted, namely:— ] 2 3 25 "cheating by personation by using computer resource 419a the person against whom the offence was committed"; {di} in the first schedule, under the heading "i offences under the indian penal code",— (a) after the entries relating to section 417, the following entries 3a shall be inserted, aamely:— t 2 3 4 5 6 "417a identity imprisonment non- bailable any theft for 2 years cognizable magistrate"; and fine (b) after the entries relating to section 419, the following entries shall be inserted, namely:— | i | 2 | 3 | 4 | 3 | 6 ||-------------|----------|--------------|------------|---------------|------|| "419a | cheating | imprisonment | cognizable | bailable | any || by | for | 5 | years | magistrate"; | || personation | —_and | fine | | | || by | using | | | | || computer | | | | | || resource | | | | | |(c) after the entries relating to section 502, the following entries 0 shall be inserted, namely:— | l | 2 | 3 | 4 | 5 | 6 ||-------|-----------|--------------|-------|------------|---------------|| "502a | violation | imprisonment | non- | bailable | any || of | for | 2 | years | cognizable | magistrate", |is| privacy | or ||------------|-------|| or | both | statement of objects and reasonsthe information technology act was enacted in the year 2000 with a view to give a fillip to the growth of electronic based transactions, to provide legal recagnition for e-commierce and e-transactions, to facilitate e-governance, to prevent computer based crimes and ensure security practices and procedures in the context of widest possible use of information technology worldwide 2, with proliferation of information technology enabled services such as e-governance, e-commerce and e-transactions, protection of personal data and information and implementation of security practices and procedures relating to these applications of electronic communications have assumed greater importance and they require harmonisation with the provisions of the information technology act further, protection of critical information infrastructure is pivotal to national security, economy, public health and safety, so it has become necessary to declare such infrastructure as a protected system so as to restrict its access 3 a rapid increase in the use of computer and internet has given rise to new forms of crimes like publishing sexually explicit materials in electronic form, video voyeurism and breach of confidentiality and leakage of data by intermediary, e-commerce frauds like personation commonly known as phishing, identity theft and offensive messages through communication services so, penal provisioris are required to be included in the information technology act, the indian penal code, the indian evidence act and the code of criminal procedure to prevent such crimes 4 the united nations commission on international trade law (uncitral) in the year 2001 adopted the model law on electronic signatures the general assembly of the united nations by its resolution no 56/80, dated 12th december, 2001, recommended that all states accord favourable consideration to the said model law on electronic signatures since the digital signatures are linked to a specific technology under the existing provisions of the information technology act, it has become necessary to provide for alternate technology of electronic signatures for bringing harmonisation with the said model law 5 the service providers may be authorised by the central government or the state goverment to set up, maintain and upgrade the computerised facilities and also collect, retain and appropriate service charges for providing such services at such scale as may be specified by the central government or the state government 6 the bill seeks to achieve the above objects new delhi; dayaniohi maran, the 6th december, 2006, clause 2—this clause seeks to substitute the words "digital signatures" by the words "electronic signatures" as provided in the table thereunder so as to make it technology neutral, clause 3—this clause seeks to amend sub-section (¢) of section ] so as to exclude negotiable instruments, power of attorney, trust, will and contract from the application of the act and to empower the central government to amend the entries in the first schedule clause 4—this clause seeks to amend section 2 and to define certain new expressions clause 5——this clause seeks to substitute heading of chapter i! with new heading 'digital signature and electronic signature?' s0 as to make the act technology neutral clause 6,—this clause seeks to insert a new section 3a which provides for authentication of electronic record by electronic signature or electronic authentication technique it also empowers the central government to insert in the second schedule any electronic signature or electronic authentication technique and prescribe the procedure for the purpose of ascertaining the authenticity of electronic signature clause 7,—this clause seeks to insert a new section 6a which empowers the central government as well as the state government to authorise the service providers for providing efficient services through electronic means to the public against appropriate service charges further the said section empowers the central government as wel! as the state government to specify the scale of service charges clause 8—this clause seeks to insert a new section 10a to provide for contracts formed through electronic means clause 9—this clause seeks to make amendment in sub-section (/) of section 12 which is of a consequential nature clause 10—this clause seeks to substitute sections 15 and 16 so as to remove certain inconsistencies in the procedures relating to secure electronic signatures and to provide for security procedures and practices clause \1—this clause provides for omission of section 20 with aview to empower the certifying authority under section 30 to act as repository of electronic signatures clause 12—this clause seeks to make amendment in sub-section (7) of section 29 with a view to limit the powers of the controller in respect of access to any computer system only with reference to the provisions of chapter vi and not with reference to the provisions of entire act the powers with respect to access 8 yo any computer system under other provisions of the act are proposed to be entrusted to'the central government under section 69 clause 13—this clause seeks to amend section 30 witha view to empower the certifying authority to be the repository of all electronic signature certificates issued under the act clause 14—this clause seeks to amend section 34 with a view to make the provisions of that section technology neutral clause 15—this clause seeks to amend section 35 with a view to omit the first proviso to sub-section (4) so as to make the provisions of that section technology neutral clause 16—this clause seeks to amend section 36 so as to add two more representations for issuance of digital signature clause 17—this clause seeks to insert a new section 40a which provides for duties of the subscriber of electronic signature certificate clause 18—this clause seeks to make an amendment in the chapter heading of chapter ix with a view to provide for making compensation for damages in respect of various contraventions clause 19—this clause seeks to amend section 43 so as to add certain more contraventions for damaging computer or computer system clause 20—this ciause seeks to jnsert a new section 43a so as to empower the central goverment to provide for reasonable security practices and procedures and the sensitive personal data or information and also to provide for compensation for failure to protect sensitive personal data or information stored in a computer resource, clause 21—this clause seeks to make amendment in section 46 with a view to make consequential changes clauses 22 and 23—-these clauses seek to make amendments in the heading of chapter x and section 48 with a view to suitably modify the same with the title of the cyber appellate tribunal as mentioned in clause (7) of sub-section (j) of section 2 clause 24—this clause seeks to substitute sections 49 to 52 and insert new sections 52a to 52d section 49 provides for the establishment of the cyber appellate tribunal sections 50, 51 and 52 provide for qualifications, term of office, conditions of service and salary and allowances of the chairperson and members of the said tribunal sections 52a to 52 d provide for powers of the chairperson and distribution of business among the benches clauses 25 to 28—these clauses seek to make amendments in sections 53 to 56 with a viewto make the cyber appellate tribunal a multi-member body clause 29—this clause seeks to insert a proviso in section 61 so as to provide jurisdiction to courts in certain cases clause 30—this clause seeks to amend section 64 so as to recover the compensation also as the arrears of land revenue clause 31—this clause seeks to substitute sections 66 and 67 and insert new sections 66a and 67a with a view to make certain more computer related wrong actions punishable and eahance the penalty clause 32—this clause seeks to amend section 68 so as to reduce the quantum of punishment and fine clause 33—this clause seeks to substitute section 69 so as to empower the central government to issue directions to an agency for interception or monitoring or degryption of any information transmitted through any computer resource it also provides for punishment for rendering assistance to such agency clause 34—this clause seeks to amend section 70 so as to enable the central government as weil as the state government to declare any computer resource as protected system it also provides for information security practices and procedures for such protected system clause 35—this clause seeks to insert a new section 70a for empcwering indian computer emergency response team to serve as a national nodal agency in respect of critical information infrastructure clause 36—this clause seeks to insert a new section 72a which makes the disclosure of information in breach of a lawful contract punishable clause 37—this clause seeks to substitute sections 77 and 78 and to insert new sections 77a and 77b section 77 provides that compensation, penalties or confiscation under the act shall not interfere with the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force, section 77a provides for certain offences relating to computer resources as compoundable offences section 77b provides that court shall take cognizance only on a complaint and not otherwise section 78 provides for power to investigate offencesclause 38—this clause seeks to substitute chapter xii and to insert a new chapter xiia which provides for exemption of intermediaries from liability in certain circumstances and also empowers the central government to prescribe guidelines to be observed by intermediaries for providing services it also empowers the central government to specify the examiner of electronic evidence clause 39—this clause seeks to omit section 80 of the act with a view to entrust the powers of search and seizure, etc, to a police officer not below the rank of deputy superintendent of police and for that purpose necessary provisions have been included in section 78 by substituting the same vide clause 37 clause 40— this clavse proposes to insert a proviso to section 8] so that the rights conferred under this section shall be supplementary to and not in derogation of the provisions of the copyright act or the patents act clause 41—this clause seeks to make amendment in section 82 with a view to declare the chairperson, members, officers and employees as public servants clause 42—this clause seeks to amend section 84 with a view to make consequential changes clause 43—-this clause seeks to insert three new sections 84a, 84b and 84c with a view to empower the central government to prescribe the modes and methods of encryption for secure use of electronic media and for promotion of e-governance and ecommerce applications further it provides that abetment of and attempt to commit any offence shali aiso be punishable clauses 44 and 45—these clauses seek to make amendments in sections 87 and 90 respectively, which are of consequential nature clause 46—-this clause seeks to omit sections 91 to 94 for the reason that these provisions have become redundant as necessary modifications have already been carried out in the indian penal code and other related enactments clause 47—this clause seeks to substitute new schedules for the first schedule and the second schedule so as to provide for documents or transactions to which the provisions of the act shall not apply it also enables the list of electronic signature or electronic authentication technique and procedure for affixing such signature to be specified in the second scheudule clause 48—this clause seeks to omit the third schedule and fourth schedule as consequential to the omission of provisions of sections 93 and 94 clause 49—this clause provides for certain amendments in the indian penal code so as to specify certain offences relating to the computer resource clause 50—this clause provides for certain consequential amendments in the indian evidence act pursuant to the changes proposed in the act clause 51—this €lause provides for amendments in the code of criminal procedure by inserting new section 198b and amending section 320 so as to make certain consequential amendments pursuant to the changes proposed in the actclause 24 of the bill seeks to provide for multi-member composition of the cyber appellate tribunal but the number of members may be determined by the central government in the times to come the salary, allowances and retirement benefits payable to the chairperson and other members of the cyber appellate tribunal as and when appointed shall be met out of the annual budget estimates of the ministry for the present, the bill does not involve any additional recurring or non-recurring expenditure out of the consolidated fund of india : clause 3 of the bill seeks to amend sub-section (4) of section {| which empowers the central government to amend the first schedule by adding or deleting entries relating to documents or transactions to which the provisions of the act shall not apply 2 clause 6 of the bill seeks to insert a new section 3a vide which the central government is being empowered to— (a) prescribe the conditions to be fulfilied for considering any electronic signature or electronic authentication technique as reliable; (8) prescribe the procedure for affixing and authentication of electronic signature; and (c) insert in the second schedule any electronic signature or electronic authentication technique and the procedure for affixing such signatures 3 clause 7 of the bill seeks to insert a new section 6a which empowers the central government as well as the state government to authorise the service provider to collect, retain and appropriate service charges further the said section empowers the central government and the state government to specify, by notification, the scale of service charges 4, clause 10 of the bill seeks to amend section 15 which empowers the central government to prescribe the manner of storing and affixing the signature creation data for a secure electronic signature the said clause also seeks to amend section 16 which empowers the central government to prescribe the security procedures and practices for a secure electronic record and a secure electronic signature 5 clause 17 of the bill seeks to insert a new section 40a which empowers the central government to prescribe the duties to be performed by the subscriber of the electronic signature certificate 6 clause 20 of the bill seeks to insert a new section 43a which empowers the central government to prescribe, in consultation with professional bodies or associations, the reasonable security practices and procedures and the sensitive personal data or information 7 clause 24 of the bill seeks to substitute section 49 which empowers the central government to specify by notification the places for sitting of the cyber appellate tribunal and the areas of their jurisdiction further, the said clause seeks to insert a new section 52a which empowers the central government to prescribe powers and functions of the chairperson of the cyber appellate tribunal 8 clause 33 of the bill seeks to amend section 69 which empowers the central government to prescribe the safeguards for interception or monitoring or decryption 9 clause 34 of the bill seeks to substitute sub-section (/)of section 70 which empowers the central government as well as the state government to declare by notification any computer resource which affects the facility of critical information infrastructure to be a protected system further, the said clause seeks to insert a new subsection (4) to section 70 which empowers the central government to prescribe the information security practices and procedures for the protected system 10 clause 37 of the bill seeks to substitute section 78 which empowers the state government to prescribe the form of information book 11 clause 38 of the bill seeks to substitute section 79, sub-section (4) of the said section empowers the central government to prescribe the guidelines to be observed by intermediary further, the said clause seeks to insert another new section 79a which empowers the central government to specify by notification the examiner of electronic evidence for providing expert opinion on electronic form evidence 12 clause 42 of the bill seeks to insert a new section 84a which empowers the central government to prescribe the modes and methods for encryption 13 the matters in respect of which the said rules may be made or notification issued are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed bill itself 14 the delegation of legislative power is, therefore, of a normal character(45 of 1860) 4, the provisions of this code apply also to any offence committed by— extension of code to extraterritorial offences (2) any person on any ship or aircraft registered in india wherever it may be explanation —in this section the word "offence" includes every act committed outside india which, if committed in india, would be punishable under this code a, who is a citizen of india, commits a murder in uganda he can be tried and convicted of murder in any place in india in which he may be found "offence" 40, except in the chapters and sections mentioned in clauses 2 and 3 of this section, the word "offence" denotes a thing made punishable by this code in chapter iv, chapter va and in the following sections, namely sections 64, 65, 66, 67, 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224,225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word "offence" denotes a thing punishable under this code, or under any special or local law as hereinafter defined and in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word "offence" has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine 118 whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life concealing design to commit offence punishable with death or ann voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design, for life-— ifeffence be committed, if offence be not committed shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description, for a term which may extend to three years; and in either case shall also be liable to fine a, knowing that dacoity is about to be committed at b, falsely informs the magistrate that a dacoity is about te be committed at c, a place in an opposite direction, and thereby misleads the magistrate with intent to facilitate the commission of the offence the dacoity is committed at b in pursuance of the design a is punishable under this section 119 whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent public servant concealing design to commit offence which it is his duty to prevent— voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, if offence be committed; shall, ifthe offence be committed be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; or, if the offence be punishable with death or imprisonment for life, with imprisonment if offence be punishable with of either description for a term which may extend to ten years; death, etc,; or, if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the if offence be not committed, longest term of such imprisonment or with such fine as is provided for the offence, or with both a an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that b designs te commit robbery, omits ta give such information, with intent to facilitate the commission of that offence here a has by an inegal omission concealed the existence of b's design and is liable to punishment according to the provision of this section « « ' 464 a person is said to make a false document or false electronic record— making a-false documentfirst—who dishonestly or fraudulently— (a) makes, signs, seals or executes a document or part of a document; (6) makes or transmits any electronic record or part of any electronic tecord; (c) affixes any digital signature on any electronic record; (@) makes any mark denoting the execution of a document or the authenticity of the digital signature, with the intention of causing it to be believed that such document or part of document, electronic record or digital signature was made, signed , sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or secondly—-who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with digital signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or thirdly—who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his digital signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration {) a, without z's authority, affixes z's seal to a document purporting to be a conveyance of an estate from z to a, with the intention of selling the estate to b and thereby of obtaining from b the purchasemoney a has committed forgery (©)apicks up a cheque oii a banker signed by b, payable to bearer, but without any sum having been inserted in the cheque a fraudulently fills up the cheque by inserting the sum of ten thousaaid rapees a commits forgery (d) aleaves with b, his agent, a cheque on a banker, signed by a, without inserting the sum payable and authorizes b to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments b fraudulently filis up the clieque by inserting the sum of twenty thousand tupees, b commits forgery (e) adraws a bill of exchange on himself in the namie of b without b's authority, intending to discount it as a genuine bili with a banker and intending to take up the bill on its maturity here, as a draws the bill with intent to deceive the banker by leading him to suppose that he had the security of b, and thereby to discount the bill, a is guilty of forgery (z's will contains these words—"l direct that all my remaining property be equally divided between a, band c" adishonestly scratches out b's name, intending that it may be believed that the whole was left to himself and c a has committed forgery (g) a endorses a government promissory note and makes it payable to z ot his order by writing on the bill the words "pay to z or his order" and signing the endorsement b dishonestly erases the words "pay to z or his order", and thereby converts the special eadorsement into a blank endorsement b commits forgery (4) a sells and conveys an estate to z a afterwards, in order to defraud z of his estate, executes a conveyance of the same estate to b, dated six months earlier than the date of the conveyance to z, intending it to be believed that he had conveyed the estate to b before he conveyed it to z a has commntted forgery (i) z dictates his will to a a intentionally writes down a different legate named by z, and by representing to z that he has prepared the will according to his instructions, induces z to sign the will ahas committed forgery () awrites a letter and signs it with b's name without b's authority, certifying that a is aman of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from z and other persons here, a5 a made a false document in order to induce z to part with property, a has committed forgery (® a without b's authority writes a letter and signs it in b's name certifying to a's character, intending thereby to obtain employment undev z a has committed forgery inasmuch as he intended to deceive z by the forged certificate, and thereby to induce z to enter into an express or implied contract for service explanation 1 —-a man's signature of his own name may amount to forgery jilustrations(a) a signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name a has committed forgery (4) a writes the word "accepted" on a piece of paper and signs it with z's name, in order that b may afterwards write on the paper a bill of exchange drawn by b upon z, and negotiate the bills as though it had been accepted by z a is guilty of forgery; and if b, knowing the fact, draws the bill upon the paper pursuant to a's intention, b is alse guilty of forgery (c) a picks up a bill of exchange payable to the order of a different person of the same name a endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable: here a has committed forgery (d@) a purchases an estate sold under execution of a decree against b b, after the seizure ofthe estate, in collusion with z, executes a lease of the estate, to z at a nominal rent and for a long period and dates the fease six months priot to the seizure, with intent to defraud a, and to cause it to be believed that the lease was granted before the seizure b, though he executes the lease in his own name, commits forgery by antedating it (a, a trader, in anticipation of insotvency, lodges effects with b for a's benefit, and with intent to defraud his creditors, and in order to give a colour to the transaction, writes a promissory note binding himself to pay to b a sum for value received, and antedates the note, intending that it may be believed to have been made before a was on the point of insolvency abas committed forgery under the first head of the definition explanation 2—the making of a false document in the name of a fictious person, inteading it to be believed that the document was made by seal person, or in the mame of a deceased person, inteading it to be believed that the document was made by the person in his lifetime, may amount to forgery explanation 3—for the purposes of this section, the expression "affixing digital signature" shall have the meaning assigned to it in clause (d) of sub-section (/) of section 2 of the information technology 2) of 2000 act, 2000 a draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it, a commits forgery 2 extracts from the indian evipence act, 1872 (1 of 1872) » 2 s 3 in this act the following words and expressions are used in the following senses, interpretation unless a contrary intention appears from the context:— clause "court" includes all judges and magistrates, and all petsons, except arbitrators, "court" legally authorised to take evidence "fact" means and includes— "fact" (7) anything, state of things, or relation of things, capabie of being perceived by the senses; (2) any mental condition of which any person is conscious hlustrations(a) that there are certain objects arranged in a certain order in a certain place, is a fact (5) that a man beard or saw something, is » fact {c) that a man said cestain words, is a fact (d) that a man bolds a certain opinion, hes a certain intention, acts in good faith or fraudulently, or uses a pasticular word in a particular sense, of is or was at a specified time conscious of a particular sensation, is a fact (e) that a man has a certain reputation, is a fact one fact is said to be relevant to another when the one is connected with the "relevant" other in any of the ways referred to in the provisions of this act relating to the relevancy of facts the expression "facts in issue" means and includes— "facts in issue", any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any tight, hability, or disability, asserted or denied in any suit or proceeding, necessarily follows explanation —whenever, under the provisions of the law for the time being in force relating to civil procedure, any court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issueais accused of the murder of b at his trial the following facts may be in issue:-— that a'caused b's death; - that a intended to cause'b's death, that a had received grave and sudden provocation from b; that a, at the time of doing the act which caused b's death, was, by reason of unsoundness of mind, incapable of knowing its nature "document" "document" means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter a writing is a document: words printed lithographed or photographed are documents: amap or plan is a document: an inscription on a metal plate or stone is a document: a caricature is a document "evidence" "evidence" means and includes— (j) all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence; (2) all documents including electronic records produced for the inspection of the court; such documents are called documentary evidence "proved", a fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists "disproved" a fact is said to be disproved when, after considering the matters before it, the court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist "not proved" a fact is said not to be proved when it is neither proved nor disproved "india" "india" means the territory of india excluding the state of jammu and kashmir the expressions "certifying authority", "digital signature", "digital signature certificate", "electronic form", "electronic records", "information", "secure electronic record", "secure digital signature" and "subscriber" shall have the meanings respectively assigned to them in the information technology act, 2000 474a when the court has to form an opinion as to the digital signature of any person, the opinion of the certifying authority which has issued the digital signature certificate isa relevant fact opinion as to digital signature when relevant proof as to 67a, except in the case of a secure digital signature, if the digital signature of digital signature any subscriber is alleged to have been affixed to an electronic record the fact that such digital signature is the digital signature of the subscriber must be proved presumption 85a the court shall presume that every electronic record purporting to be an agreement containing the digital signatures of the parties was so concluded by affixing the digital signature of the parties | as ||-------------|| electronic || agreements || presumption |85b (/) in any proceedings involving a secure, electronic record, the court shall presume unless contrary is proved, thatthe secure electronic record has not been altered since the specific point of time to which the secure status relates | as | to ||-------------|-------|| electronic | || records | and || digital | || signatures | |(2) in any proceedings, involving secure digital signature, the court shall presume unless the contrary is proved that— (a) the secure digital signature is affixed by subscriber with the intention of signing or approving the electronic record; (6) except in the case of a secure electronic record or a secure digital signature, nothing in this section shall create any presumption relating to authenticity and integrity of the electronic record or any digital signature 85c the court shall presume, unless contrary is proved, that the information presumption as to digital signature certificates, listed in a digital signature certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber | | ld | | a | ||------|-------|------|------|------|90a where any electronic record, purporting or proved to be five years old, is produced from any custody which the court in the particular case considers proper, presumption as to electronic records five years old the court may presume that the digital signature which purports to be the digital signature of any particular person was so affixed by him or any person authorised by him in this behalf explanation—blectronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circurnstances of the particular case are such as to render such an origin probable this explanation applies also to section 81a s extracts from the information technology act, 2000 (21 of 2000) ta chapter i preliminaryshorititle, 1(/) ' (4) nothing in this act shall apply to,— extent, commencement and application,(a) a negotiable instrument (other than a cheque} as defined in section £3 ofthe negotiable instruments act, 1881; (5) a power-of-attorney as defined in section 1 a of the powers-of-attorney act, 7 of 1882 1882; (c) a trust as defined in section 3 of the indian trusts act, 1882; 2 of 1882 (d) a will as defined in clause (a) of section 2 of the indian succession act, 1925 39 of 1925 including any other testamentary disposition by whatever name called; (e) any contract for the sale or conveyance of immovable property or any interest in such property; (f) any such class of documents or transactions as may be notified by the central government in the official gazette definitions 2 (2) in this act, unless the context otherwise requires,— (a) "affixing digital signature" with its grammatical variations and cognate expressions means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of digital signature; (g) "certifying authority" means a person who has been granted a licence to issue a digital signature certificate under section 24; (4) "certification practice statement" means a statement issued by a certifying authority to specify the practices that the certifying authority employs in issuing digital signature certificates; () "computer network" means the interconnection of one or more computers through— (3 the use of satellite, microwave, terrestrial line or other communication media; and (i) terminals or a complex consisting of two or more interconnected computers whether or not the interconnection is continuously maintained; () "cyber appellate tribunal" means the cyber regulations appellate tribunal established under sub-section (7) of section 48; {v) "information" includes data, text, images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; , (w) "intermediary" with respect to any particular electronic message means any person who on behalf of another person receives, stores or transmits that message or provides any service with respect to that message; (2g) "subscriber" means a person in whose name the digital signature certificate is issued; chapter d diciva signaturelegal recognition of digital signatures 5 where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person then, notwithstanding anything contained in such law, such requirement shal] be deemed to have been satisfied, if such information or matter is authenticated by means of digital signature affixed in such manner as may be prescribed by the central government explanation—for the purposes of this section, "signed", with its grammatical variations and cognate expressions, shall, with reference to a person, mean affixing of his hand written signature or any mark on any document and the expression "signature" shall be construed accordingly 6 (1) where any law provides for— {@) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate government in a particular manner; | use | of ||------------|-------|| clectronic | || records | and || digital | || signatures | in || government | || and | its || agencies | |(6) the issue or grant of any licence, permit, sanction or approval by whatever name called in a particular manner; (c) the receipt or payment of money in a particular manner, thén, notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the apprgpriate government (2) the appropriate government may, for the purposes of sub-section (/), by rules, prescribe— (a) the manner and format in which such electronic records shall be filed, created or issued; (2) the manner or method of payment of any fee or charges for filing, creation or issue any electronic record under clause (a) 10, the central government may, for the purposes of this act, by rules, prescribe— (a) the type of digital signature; ; | | power | to ||------------|----------|-------|| make | rules | by || central | | || government | | |(6) the mamer and format in which the digital signature shail be affixed; in respect of digital signature(c) the manner or procedure which facilitates identification of the persan affixing the digital signature; (@ control processes and procedures to ensure adequate integrity, security and confidentiality of electronic records or payments; and (e) any other matter which is necessary to give legal effect to digital signatures s + 12 (7) where the originator has not agreed with the addressee that the acknowledgment acknowledgetment of receipt of rec of electronic record be given in a particular form or by a particular method, an acknowledg:rent may be given by— (a) any communication by the addressee, automated or otherwise; or _ (6) any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received chapter v secure electronic records and secure digital signatures secure digital signature, 15 if, by application of a security procedure agreed to by the parties concerned, it can be verified that a digitat signature, at the time it was affixed, was— (a) unique to the subscriber affixing it; (5) capable of identifying such subscriber; (c) created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated, then such digital signature shall be deemed to be a secure digital signature security procedure 16 the central government shail for the purposes of this act prescribe the security procedure having regard to commercial circumstances prevailing at the time when the procedure was used, including— (@ the nature of the transaction; (6) the level of sophistication of the parties with reference to their technological capacity; (c) the volume of similar transactions engaged in by other parties; {d) the availability of alternatives offered to but rejected by any party; (e) the cost of alternative procedures; and ' (f the procedures in general use for similar types of transactions or communications 18 the controller may perform all or any of the following functions, namely:— functions of controller (f) specifying the contents of written, printed or visual materials and advertiseients that may be distributed or used in respect of a digital signature certificate and the public key; (g) specifying the form and content ofa digital signature certificate and the key; 19(f/) recognition (2) where any certifying authority is recognised under sub-section (/), the digital signature certificate issued by such certifying authority shall be valid for the purposes of of foreign certifying authorities this act lj 20 (1) the controller shall be the repository of all digital signature certificates issued under this actcontroller to act as repository (2) the controller shall— (a) make use of hardware, software and procedures that are secure from intrusion and misuse; (6) observe such other standards as may be prescribed by the central government, to ensure that the secrecy and security of the digital signatures are assured (3) the controller shall maintain a computerised data base of all public keys in such a manner that such data base and the public keys are available to any member of the public 21 (j) subject to the provisions of sub-section (2), any person may make an application, to the controller, for a licence to issue digital signature certificates {2) no licence shall be issued under sub-section {7}, unless the applicant fulfills licence to issue digital signature certificates, such requicements with respect to qualification, expertise, manpower, financial resources and other infrastructure facilities, which are necessary to issue digital signature certificates as may be prescribed by the central government e 230)? + 7 « suspension of licence (3) no certifying authority whose licence has been suspended shall issue any digital signature certificate during such suspension | 2 | ||-----------|-------|| access | to || computers | || and | data |29 (1) without prejudice to the provisions of sub-section (/) of section 69, the coutroller or any person authorised by him shall, if he has reasonable cause to suspect that any contravention of the provisions of this act, rules or regulations made thereunder has been committed, have access to any computer system, any apparatus, data or any other materia] connected with such system, for the purpose of searching or causing a search to be made for obtaining any information or data contained in or available to such computer system | | | | | ||------|------|------|------|------|30 every certifying authority shall,—— 1 certifying authority fo follow certain procedures, (e) adhere to security procedures to ensure that the secrecy and privacy of the digital signatures are assured; and s disclosure - 34 (7) every certifying authority shall disclose in the manner specified by regulations— (a) its digital signature certificate which contains the public key corresponding to the private key used by that certifying authority to digitally sign another digital signature certificate; , i (@ any other fact that materially and adversely affects either the reliability of a digital signatyre certificate, which that authority has issued, or the authority's ability to perform its services (2) where in the opinion of the certifying authority any event has occurred or any situation has arisen which may materially and adversely affect the integrity of its computer system or the conditions subject to which a digital signature certificate was granted, then, the certifying authority shall— (a) use reasonbale efforts to notify any person who is likely to be affected by that occurrence; or (6) act in accordance with the procedure specified in its certification practice statement to deal with such event or situation chapter vidictta, signature certiricares 35 (7) py (4) on receipt of an application under sub-section (7), the certifying authority may, after consideration of the certification practice statement or the other statement under certifying authority to issue digital signature certificatesub-section (3) and after making such enquiries as it may deem fit, grant the digital signature certificate or for reasons to be recorded in writing, reject the application: providd that no digital signature certificate shall be granted unless the certifying authority is satisfied that— (a) the applicant holds the private key corresponding to the public key to be listed in the digital signature certificate; (4) the applicant holds a private key, which is capable of creating a digital signature; (c) the public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the applicant: provided further that no application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection | | | | | ||------|------|------|------|------| chapter ix penalties and adjudicationpenalty for 43 ifany person without permission of the owner or any other person who is incharge damage to of a computer, computer system or computer network,— computer, computer (a) accesses or secures access to such computer,computer system or computer system, etc network; power to 46 (1) for the purpose of adjudging under this chapter whether any person has adjudicate committed a contravention of any of the provisions of this act or of any rule, regulation, direction or order made thereunder the central government shall, subject to the provisions of sub-section (3), appoint any officer not below the rank of a director to the government of india or an equivalent officer of a state government to be an adjudicating officer for holding an inquiry in the manner prescribed by the central government chapter x tue cyber regulations appellate tribunalestablishment 48 (/) the central government shall, by notification, establish one or more appellate appellate tribunals to be known as the cyber regulations appellate tribunal tribunal, 2 composition 49 a cyber appellate tribunal shall consist of one person only (hereinafter referred to of cyber as the presiding officer of the cyber appellate tribunal) to be appointed, by notification, by tike nal the central government qualifications 50 a person shall not be qualified for appointment as the presiding officer ofa cyber for appellate tribunal unless he— appointment as presiding (a) is, or has been, or is qualified to be, a judge of a high court; or officer of the cyber (4) is or has been a member of the indian legal service and is holding or has held appellate a post in grade i of that service for at least three years term of §1 the presiding officer of a cyber appellate tribunal shall hold office for a term of office five years from the date on which he enters upon his office or until he attains the age of sixtyfive years, whichever is earlier52, the salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the presiding officer of a cyber appellate tribunal shall be such as may be prescribed: provided that neither the salary and allowances nor the other terms and conditions of service of the presiding officer shall be varied to his disadvantage after appointment salary, allowances and other terms and conditions of service of presiding officer filling up of vacancies 53 if, for reason other than temporary absence, any vacancy occurs in the office of the presiding officer of a cyber appellate tribunal, then the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the cyber appellate tribunal from the stage at which the vacancy is filled resignation and removal 54, (1) the presiding officer of a cyber appellate tribunal may, by notice in writing under his hand addressed to the central government, resign his office: 'provided that the said presiding officer shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest (2) the presiding officer of a cyber appellate tribunal shall not be removed from his office except by an order by the central government on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the supreme court in which the presiding officer concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges (3) the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid presiding officer 55 no order of the central government appointing any person as the presiding officer | orders | ||--------------|------|| constituting | || appellate | || tribunal | to |of a cyber appellate tribunal shall be called in question in any manner and no act or proceeding before a cyber appellate tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of a cyber appellate tribunal | final | and ||--------------|--------|| invalidate | its || proceedings | |56, (j) the central government shall provide the cyber appellate tribunal with such officers and employees as that government may think fit staff of the cyber appellate tribunal (2) the officers and employees of the cyber appellate tribunal shall discharge their functions under general superintendence of the presiding officer (3) the salaries, allowances and other conditions of service of the officers and employees of the cyber appellate tribunal shal! be such as may be prescribed by the central government, recovery of penalty 64 a penalty imposed under this act, if it is not paid, shal! be recovered as an arrear of land revenue and the licence or the digital signature certificate, as the case may be, shall be suspended till the penalty is paid hacking with computer system66 (7) whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes is value or utility or affects it injuriously by any means, commits hacking (2) whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both 67 whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to alt relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to publishing of information which is obscene in electronic form five years and with fine which may extend to one lakh rupees and in the event ofa second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two jakh ruppes 68 (1) | power | of ||-------------|-------|| controller | to || give | || directions | |(2) any person who fails to comply with any order under sub-section (/) shalt be guilty ofan offence and shalt be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding two lakh rupees or to both - 69 (1) if the controller is satisfied that it is necessary or expedient so to do in the | | directions | of ||------------|---------------|-------|| controller | to | a || subscriber | to | || extend | | |interest of the sovereignty or integrity of india, the security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the government to intercept any information transmitted through any computer resource | facilities ||---------------|| decrypt || information |(2) the subscriber or any person incharge of the computer resource shall, when called upon by any agency which has been directed under sub-section (j), extend all facilities and technical assistance to decrypt the information (3) the subscriber or any person who fails to assist the agency referred to in subsection (2) shall be punished with an imprisonment for a term which may extend to seven years 70 (1) the appropriate government may, by notification in the official gazette, declare protected system that any computer, computer system or computer network to be a protécted system | | ||-----------------|------|| penalty | || for | mis- || representation | |71 whoever makes any misrepresentation to, or suppresses any material fact from, the controller or the certifying authority for obtaining any licence or digital signature certificate, as the case may be, shal! be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both, | | | | | ||------|------|------|------|------|73 (1) no person shall publish a digital signature certificate or otherwise make it available to any other person with the knowledge that— | | | ||--------------|------|---------|| penalty | for | || publishing | | || digital | | || signature | | || certificate | | || false | in | cestain || particulars | | || publication | for | || fraudulent | | || purpose | | |74, whoever knowingly creates, publishes or otherwise makes available a digital signature certificate for any fraudulent or unlawful purpose shail be punished with imprisonment for aterm which may extend to two years, or with fine which may extend to one lakh rupees, or with both 77, no penalty imposed or confiscation made under this act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in force| penalties | or ||--------------|-------|| confiscation | || nat | to || interfere | || with | other || punishments | || | | | | | | | | | 2 | of | 1974 ||-------------|-----------------|----------|-----------|-----|------|------|--------|----------------|------------|--------|----------|| 78 | notwithstanding | anything | contained | in | the | code | of | criminal | procedure, | 1973, | a || police | officer | not | below | the | rank | of | deputy | superintendent | of | police | shall || power | to | | | | | | | | | | || investigate | | | | | | | | | | | || offences | | | | | | | | | | | || offence | under | this | act | | | | | | | | | chapter xii network service providers not to be liable in certain casesnetwork service providers not to be liable in certain cases 79 for the removal of doubts, it is hereby declared that no person providing any service as a network service provider shall be liable under this act, rules or regulations made thereunder for any third party information or data made available by him if he proves that the offence or contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence or contravention explanation,—for the purposes of this section, - (a) "network service provider" means an intermediary; (5) "third party information" means any information dealt with by a network service provider in his capacity as an intermediary chapter xill miscellaneous| | | | | | | | | | 2 | of | 1974 ||-----------|---------|-----------------|----------|------------|-----------|--------|-----------|------------|------------|----------------|------------|| 80 | (7) | notwithstanding | anything | contained | in | the | code | of | criminal | procedure, | 1973, || any | police | officer, | not | below | the | rank | of | a | deputy | superintendent | of || officer | of | the | central | government | or | a | state | government | authorised | by | the || power | of | | | | | | | | | | || police | officer | | | | | | | | | | || and other | | | | | | | | | | | || officers | to | | | | | | | | | | || enter, | search, | | | | | | | | | | || etc, | | | | | | | | | | | || in | this | behalf | may | enter | any | public | place and | search | and | arrest | without || found | therein | who | is | reasonably | suspected | or | having | committed | or | of | committing || about | to | commit | any | offence | under | this | act | | | | |explanation,—for the purposes of this sub-section, the expression "public place" includes any public conveyance, any hotel, any shop or any other place intended for use by, or accessible to the public (2) where any person is arrested under sub-section (/) by an officer other than a police officer, such officer shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or before the officer-in charge of a police station | | | | | | | | | | | | 2 | of | 1974, ||------------|-------|------------|----------|--------|------|-----|----------|------------|------|--------|----------|-------|----------|| (3) | the | provisions | of | the | code | of | criminal | procedure, | 1973 | shall, | subject | to | the || provisions | of | this | section, | apply, | so | far | as | may | be, | in | relation | to | any: || made | under | this | section | | | | | | | | | | |82 the presiding officer and other officers and employees of a cyber appellate tribunal, the controller, the deputy controller and the assistant controllers shall be deemed 45 of 1860 to be public servants within the meaning of section 21 of the indian penal code controller, deputy collector and assistant controllers to be public servants, (2) in particular, and without prejudice to the generality of the foregoing power, such power of central government rules may provide for all or any of the following matters, namely:— to make rules,(a) the manner in which any information or matter may be authenticated by means of digital signature under section 5; (5) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (/) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; (d) the matters relating to the type of digital signature, manner and format in which it may be affixed under section 10; (») the form in which application for issue of a digital signature certificate may be made under sub-section (£) of section 35; (0) the fee to be paid to the certifying authority for issue of a digital signature certificate under sub-section (2) of section 35; (3) every notification made by the central government under clause (/) of sub-section (4 of section 1 and every rule made by it shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or the rule or both houses agree that the notification or the rule should not be made, the notification or 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 notification or rule ld 90 qd (2) in particular, and without prejudice to the generality of the foregoing power, such power of state government to make rules rules may provide for all or any of the following matters, namely: - © (c) any other matter which is required to be provided by rules by the state government : 91 the indian penal code shail be amended in the manner specified in the first schedule to this act 92 the indian evidence act, 1872 shal] be amended in the manner specified in the second schedule to this act amendment of act 45 of 1860 amendment of act 1 of 1872 amendment 93, the bankers' books evidence act, 1891 shall be amended in the manner specified in the third schedule to this act 94, the reserve bank of india act, 1934 shall be amended in the manner specified in the fourth schedule to this act of act 18 of 1891, amendment of act 2 of 1934 the first schedule (see section 91) amendments to the indian penal cope (45 of 1860)1 after section 29, the following section shall be inserted, namely:— electronic record, "294a the words "electronic record" shall have the meaning assigned to them in clause (4) of sub-section (/) of section 2 of the information technology act, 2000" 2, in section 167, for the words "such public servant, charged with the preparation or translation of any document, frames or translate that document", the words "such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record" shall be substituted, 3 in section 172, for the words " produce a document in a court of justice", the words "produce a document or an electronic record in a court of justice" shall be substituted 4 in section 173, for the words "to produce a document in a court of justice", the words "to produce a document or electronic record in a court of justice" shall be substituted § in section 175, for the word "document" at bota;the places where it occurs, the words "document or electronic record" shall be substituted 6 in section 192, for the words "makes any false entry in any book or record, or makes any document containing a false statement", the words "makesany false entry in any book or record, or electronic record or makes any document or electromtecord containing a false statement" shall be substituted 7 in section 204, for the word "document" at both the places where it occurs, the words " document or electronic record" shall be substituted 8 in section 463, for the words "whoever makes any false documents or part of a document with intent to cause damage or injury", the words "whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury" shall be substituted 9 in section 464,— (a) for the portion beginning with the words "a person is said to make a false document" and ending with the words "by reason of deception practised upon him, he does not know the contents of the document or the nature of the alteration", the following shall be substituted, namely:— "a person is said to make a false document or false electronic record— first—who dishonestly or fraudulently— (a) makes, signs, seals or executes a document or part of a document; (2) makes or transmits any electronic record or part of any electronic record; (c) affixes any digital signature on any electronic record; (a) makes any mark denoting the execution of a document or the authenticity of the digital signature, with the intention of causing it to be believed that such document or part of document, electronic record or digital signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or secondly—who, without lawful authority, dishonestly or fraudulently, by cancellation of otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with digital signature either by himself or by any other person, whether such person be living or death at the time of such alteration; or thirdly—who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his digital signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration":(6) after explanation 2, the following explanation shall be inserted at the end, namely:— 'explanation 3—for the purposes of this section, the expression "affixing digital signature" shall have the meaning assigned to it in clause (a) 21 of 2000 of sub-section (7) of section (2) of the information technology act, 2000' 10 in section 466,—- (a) for the words "whoever forges a document", the words "whoever forges a document or an electronic record" shall be substituted; (d) the following explanation shall be inserted at the end, namely:— 'explanation—for the purposes of this section, "register" includes any list, data or record of any entries maintained in the electronic form as defined in 21 of 2000clause (r) of sub-section (/) of section 2 of the information technology act, 2000" 11 in section 468, for the words "document forged", the words "document or electronic record forged" shall be substituted 12, in section 469, for the words "intending that the document forged", the words "intending that the document or electronic record forged" shall be substituted 13 in section 470, for the words "document", in both the places where it occurs, the words "document or electronic record" shal! be substituted 14 insection 471, for the words "document", wherever it occurs, the words "document or electronic record" shall be substituted 15, in section 474, for the portion beginning with the words "whoever has in his possession any document" and ending with the words "if the document is one of the description mentioned in section 466 of this code", the following shall be substituted, namely:-— , "whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as a genuine, shall, if the document or electronic record is one of the description mentioned in section 466 of this code" 16 in section 476, for the words "any document", the words "any document or electronic record" shall be substituted 17, insection 477a, for the words "book, paper, writing" at both the places where they occur, the words "book, electronic record, paper, writing" shall be substituted the second schedule (see section 92) amendments to the indian evipencs ar, 1872 (1 of 1872)1 in section 3,— (a) in the definition of "evidence", for the words "all documents produced for the inspection of the court", the words "all documents including electronic records produced for the inspection of the court" shall be substituted; (5) after the definition of "india", the following shall be inserted, namely:— 'the expressions "certifying authority" "digital signature", "digital signature certificate", "electronic form", "electronic records", "information", "secure electronic record", "secure digital signature" and "subscriber" shall have the meanings respectively assigned to them in the information technology act, 2000' 2 in section 17, for the words "oral or documentary,", the words "oral or documentary or contained in electronicform" shall be substituted 3 after section 22, the following section shall be inserted, namely:— "22a oral admissions as to the contents of electronic records are not relevant, © when oral admission as unless the genuineness of the electronic record produced is in question" 4 in section 34, for the words "entries in the books of account", the words "entries in the books of account, including those maintained in an electronic form" shall be substituted | to | contents ||------------|-------------|| electronic | || records | are || relevant, | |5 in section 35, for the word "record", in both the places where it occurs, the words "record or an electronic record" shall be substituted 6 for section 39, the following section shall be substituted, namely:— "39 when any statement of which evidence is given forms part of 2 longer what evidence statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters | to | be | given ||---------------|-------|----------|| when | | || statement | | || forms | part | of || conversation, | | || document, | | || electronic | | || record, | book | |or papers as the court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made" 7, after section 47, the following section shall be inserted, namety:— | or | series ||---------|-----------|| letters | or || papers | |"474 when the court has to form an opinion as to the digital signature of any person, the opinion of the certifying authority which has issued the digital signature certificate is a relevant fact" | opinion ||------------|| digital || signature || when || televant |8 in section 59, for the words "contents of documents", the words "contents of documents or electronic records" shall be substituted 9 after section 65, the following sections shall be inserted, namely:— '65a the contents of electronic records may be proved in accordance with the provisions of section 65b, special provision as to evidence relating to electronic tecord, admissibility of electronic records65b (4) notwithstanding anything contained in this act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible (2) the conditions referred to in s»b-section (/) in respect of a computer output shali be the following, namely:— (a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer; (8) during the said period, information of the kind contained in the electronic record or of the kind form which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities; (c) throughout the material part of the said period, the computer was opetating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and @ the information contained in the electronic fecord reproduces or is derived form such information fed into the computer in the ordinary course of the said activities (3) where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2} was regularly performed by computers, whether— (a) by a combination of computers operating over that period; or (5) by different computers operating in succession over that period; or (c) by different combinations of computers operating in succession over that period; or (d@) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly (4) in any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,— (@ identifying the elettronic record containing the statement and describing the manner sin which it was produced; (4) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, : and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it (5) for the purposes of this section,— "3 (a) information shall taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment; (b) whether in the course of'activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities, by a computer operated otherwise than in the course of those that information, of duly supplied to that computer, shall be taken to be supplied to it in the course of those activities; (c) acomputer output shail be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment explanation —for the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process',10 after section 67, the following section shall be inserted, namely:— "67a except in the case of a secure digital signature, if the digital signature of any subscriber is alleged to have been affixed to an electronic record the fact that such | proof ||------------|| digital || signature |digital signature is the digital signature of the subscriber must be proved" 11 after section 73, the following section shall be inserted, namely:— proof as to verification '734a in order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the court may direct— of digital signature (a) that person or the controller or the certifying authority to produce the digital signature certificate; (6) any other person to apply the public key listed in the digital signature certificate and verify the digital signature purported to have been affixed by that person 21 of 2000 explanation—for the purposes of this section, "controller" means the controller appointed under sub-section (/) of section 17 of the information technology act, 2000' 12 after section 81, the following section shall be inserted, namely:-— presumption as to gazettes in clectronic forms, "81a the court shall presume the genuineness of every electronic record purporting to be the official gazette, or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from proper custody" 13 after section 85, the following sections shall be inserted, namely:— presumption "85a the court shall presume that every electronic record purporting to be an agreement containing the digital signatures of the parties was so concluded by affixing the digital signature of the parties | as ||-------------|| electronic || agreements || presumption |85b (7) in any proceedings involving a secure electronic record, the court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates | as | to ||-------------|---------|| tonic | records || and | digital || signatures, | |(2) in any proceedings, involving secure digital signature, the court shall presume unless the contrary is proved that-— (a) the secure digital signature is affixed by subscriber with the intention of signing or approving the electronic record; (d) except in the case of a secure electronic record or a secure digital signature, nothing in this section shall create any presumption relating to authenticity and integrity of the electronic record or any digital signature 85c the court shall presume, unless contrary is proved, that the information presumption as to digital signature certificates listed in a digital signature certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber" 14, after section 88, the following section shail be inserted, namely:— presumption as to electronic messages'88a, the court may presume that an electronic message forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the court shall not make any presumption as to the person by whom such message was sent explanation—for the purposes of this section, the expression "addressee" and "originator" shall have the same meanings respectively assigned to them in clauses (4) and (za) of sub-section (/) of section 2 of the information technology act, 2000' 15 after section 90, the following section shall be inserted, namely:— presumption "0a where any electronic record, purporting or proved to be five years ald, is produced from any custody which the court in the particular case considers proper, | as | to ||------------|-------|| electronic | || records | five || years | old |the court may presume that the digital signature which purports to be the digital signature of any particular person was so affixed by him or any person authorised by him in this behalf explanation—electronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such an origin probable this explanation applies also to section 81a" 16 for séction 131, the following section shall be substituted, namely:— "131 no one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production" the third schedule| production | of ||---------------|--------|| documents | or || electronic | || records | which || another | || person, | having || possession, | || could | refuse || produce | | (see section 93) amendments to the bankers' books evidence act, 1891 (18 of 1891)1 in section 2— {a) for clause (3), the following clause shall be substituted, namely:— '(3) "bankers' books" include ledgers, day-books, cash-books, accountbooks and all other books used in the ordinary business of a bank whether kept in the written form or as printouts of data stored in a floppy, disc, tape or any other form of electro-magnetic data storage device; (4) for clause (8), the following clause shall be substituted, namely:— (8) "certified copy" means when the books of bank,— (a) are maintained in written form, a copy of any entry in such books together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business and that such book is still in the custody of the bank, and where the copy was obtained by a mechanical or other process which in itself ensured the accuracy of the copy, a further certificate to that effect, but where the book from which such copy was prepared has been destroyed in the usual course of the bank's business after the date on which the copy had been so prepared, a further certificate to that effect, each such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title; and (8) consist of printouts of data stored in a floppy, disc, tape or any other electro-magnetic data storage device, a printout of such entry or a copy of such printout together with such statements certified in accordance with the provisions of section 2a' 2 after section 2, the following section shall be inserted, namely:— conditions in the printout"2a a printout of entry or a copy of printout referred to in sub-section (8) of section 2 shall be accompanied by the following, namely:— (a) a certificate to the effect that it is a printout of such entry or a copy of such printout by the principal accountant or branch manager; and (6) a certificate by a person in-charge of computer system containing a brief description of the computer system and the particulars of - (4) the safeguards adopted by the system to ensure that data is entered or any other operation performed only by authorised persons; (b) the safeguards adopted to prevent and detect unauthorised change of data; (c) the safeguards available to retrieve data that is lost due to systemic failure or any other reasons; (d) the manner in which data is transferred from the system to removable media like floppies, discs, tapes or other electro-magnetic data storage devices; (e) the mode of verification in order to ensure that data has been accurately transferred to such removable media; (f) the mode of identification of such data storage devices; (g) the arrangements for the storage and custody of such storage devices; (h) the safeguards to prevent and detect any tampering with the system; and () any other factor which will vouch for the integrity and accuracy of the system (c) a further certificate from the person in-charge of the computer system to the effect that to the best of his knowledge and belief, such computer system operated properly at the material time, he was provided with all the relevant data and the printout in question represents correctly, or is appropriately derived from, the relevant dat the fourth schedule (see section 94) amendments to the reserve bank of inpia act, 1934 (zor 1934)2 of 1934 in the reserve bank of india act, 1934, in section 58, in sub-section (2), after clause (p), the following clause shall be inserted, namely:— "(pp) the regulation of fund transfer through electronic means between the banks or between the banks and other financial institutions referred to in clause {c) of section 45-i, including the laying dawn of the conditions subject to which banks and other financial institutions shall participate in such fund transfers, the manner of such fund transfers and the rights and obligations of the participants in such fund transfers;" la

Parliament_bills

95473163-64d0-5693-8dc9-8bf0fc02f2c6